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Is it time to review your SMSF's investment strategy?

A recent article in the Australian Financial Review reported on the increasing popularity of exchange traded funds (ETFs) as an investment option for SMSFs.

Trustees should be aware that if they intentionally or even accidentally invest in an asset type not permitted under the fund's investment strategy, the trustees will be in contravention of the investment strategy and, likely, the governing rules of the SMSF.

Aside from the legislative requirement, this highlights the importance of regularly reviewing a fund's investment strategy.

Cassandra Townsend, Thomson Reuters

In our earlier ClearLaw article titled "The importance of a comprehensive SMSF investment strategy", our lawyers at Maddocks outlined the SIS Act and Regulations requirements around SMSF investment strategies.

Under the law, a trustee must regularly review the fund's investment strategy. If a fund's investments are not consistent with that strategy, the trustee can:

  • dispose of that asset and where appropriate, reinvest those funds in a permitted investment; or
  • amend the SMSF's investment strategy to permit them to invest in that particular investment provided that it is in the best interests of the SMSF, and have the SMSF's members approve these arrangements.

You can read about how to vary your fund's investment strategy on our website.

More Cleardocs information on related topics

You can read earlier ClearLaw articles on a range of SMSF topics.

Order SMSF related document packages

 

Lawyer in Profile

Andrew Wright
Andrew Wright
Partner
+61 3 9258 3362
andrew.wright@maddocks.com.au

Qualifications: LLB (Hons), BCom, University of Melbourne

Andrew is a Partner in Maddocks Tax and Structuring team. He has significant experience in advising Australian and multinational companies, high net worth individuals, accountants and financial advisers on all areas of taxation law.

Andrew regularly provides advice on:

  • structuring of businesses and transactions,
  • mergers and acquisitions,
  • sale of businesses,
  • corporate reorganisations,
  • fixed and discretionary trust deeds, and
  • international tax structuring.

His advice covers both direct and indirect tax considerations.

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