insolvency

Bankruptcy, SMSF trusteeship, and trust deed safeguards

  Bankruptcy is a serious issue for anyone, but additional caution needs to be taken by members/trustees of SMSFs. Jeff Song, solicitor at Townsends Business & Corporate Lawyers, says that superannuation law expressly disqualifies any undischarged bankrupt person from acting as a trustee, or director of a corporate trustee, of an SMSF. He also reminds

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Heard of the Notifiable Data Breaches scheme? If not, you soon will

Heard of the Notifiable Data Breaches scheme? The passage of the Privacy Amendment (Notifiable Data Breaches) Act 2017 established the Notifiable Data Breaches (NDB) scheme in Australia. The NDB scheme applies to all agencies and organisations with existing personal information security obligations under the Australian Privacy Act 1988, and is set to take effect from

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Who is liable for a CGT event that is triggered by insolvency administration?

Insolvency statistics show that for the 2016-17 income year the number of insolvencies increased 2.1% compared to the previous year, according to the Australian Financial Security Authority (see a summary of the data here). By type of insolvency, bankruptcies decreased by 5.1%, however debt agreements were up by 11.9% and insolvency agreements increased by 39.4%.

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Personal insolvencies jump over June quarter

The most recent personal insolvency statistics have been published by the Australian Financial Security Authority (AFSA, formerly known as the Insolvency and Trustee Service Australia). The data shows that compared to a year ago, personal insolvencies increased 13.7% for the June quarter. And compared to the March quarter this year there was a 10.7% increase.

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