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Update on the Australian Financial Complaints Authority(AFCA)

By Shaun Backhaus ([email protected]), Lawyer and Daniel Butler([email protected]), Director DBA Lawyers In our previous article on AFCA we explained the background to AFCA’s establishment, what disputes it would apply to and how it would differ from the external dispute resolution schemes it replaced, such as the Financial Ombudsman Service. For further information please refer to [read more]

SMSF compliance

SMSFs and transfer balance account reporting

William Fettes ([email protected]), Senior Associate and Daniel Butler ([email protected]), Director, DBA Lawyers This article summarises the transfer balance account report (‘TBAR’) reporting regime for SMSFs and offers some traps and tips. Overview Under TBAR, any transaction involving a retirement phase pension (ie, tax free pension interest such as an account-based pension or a transition to [read more]

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Financial Ombudsman Service soon to be replaced with the Australian Financial Complaints Authority

By Shaun Backhaus, Lawyer and Daniel Butler, Director DBA Lawyers Financial Ombudsman Service The Financial Ombudsman Service (‘FOS’) is an industry body that resolves disputes between consumers and financial services providers that are members which operate in Australia. FOS is self-regulated by industry members with its costs met by the financial services providers. FOS’s dispute resolution [read more]

chess

Payments above ABP minimum — Reasons to prospectively document a strategy ASAP

Daniel Butler, Director and  Bryce Figot, Special Counsel, DBA Lawyers  Payments above the account-based pension (‘ABP’) minimum annual payment have the potential to become a trap. The June 2017 SMSF Benchmark Report by Class Super states that ‘the average SMSF pensioner withdraws about $74,000 annually on their pension over a series of 12 transactions and [read more]

Accountants and the new AFSL regime

Accountants and the AFSL regime

OVERVIEW This article highlights some of the issues that accountants that have decided not to obtain an Australian financial services licence (‘AFSL’) or become an authorised representative (‘AR’) of an AFSL holder need to consider in view of the removal of the recognised accountants’ exemption from 1 July 2016. In addition, this article is also [read more]

Non-Licensed (AFSL) SMSF Advisers Kit launched

Non-Licensed (AFSL) SMSF Advisers Kit launched

The new AFSL regime for accountants and advisers without a licence starts today! For many SMSF advisers this means big changes to their business procedures. For those SMSF professionals who are not obtaining a limited AFS licence and who are not becoming an authorised representative of an AFSL holder, it will become vital to properly [read more]

Financial Ombudsman Service — what advisers need to consider

Financial Ombudsman Service — what advisers need to consider

Overview The Financial Ombudsman Service (‘FOS’) is the main external disputes resolution (‘EDR’) for accountants and financial advisers who have an Australian Financial Services Licence (‘AFSL’). Advisers who have an AFSL must be a party to an EDR process. Where an adviser is an authorised representative of another entity’s AFSL, they are subject to the [read more]

Accountants planning to have or not to have an Australian Financial Services Licence after mid 2016

Accountants planning to have or not to have an Australian Financial Services Licence after mid 2016

I have recently presented many seminars around Australia on whether an accountant requires an Australian Financial Services Licence (‘Licence’) after 30 June 2016. The interest and feedback gathered from this round of seminars has been very insightful. While the actual number of limited Licences that have been issued to date by ASIC is still relatively [read more]