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ARTICLE · 13 APRIL 2014

The perils of "DIY" super... duties of SMSF trustees

SMSF trustees have a duty to act with impartiality and in the interests of beneficiaries (not in their self-interests).

AustraliaFinance and Banking

Self-Managed Superannuation Funds or 'SMSF's" have become increasingly popular throughout Australia. Like a traditional superannuation plan, an SMSF involves the management by a trustee of capital and contributions from plan members for retirement purposes.

In a traditional superannuation plan, a super fund often operates as a trust. The trustee is responsible for the operation of the fund and has an obligation to formulate and implement an investment strategy. A trustee is liable for breaches of these obligations. Traditional superannuation plans often have thousands of members in their plans. Trustees for these plans usually have backgrounds in finance and are often some of the best money-managers in the country. The trustees are experts in compliance with the laws and utilise the latest industry resources and personnel to ensure that they are fluent with tax and other regulatory issues concerning the fund.

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