SMSF professionals need to carefully review bank documents for borrowing arrangements before signing them as they could be breaking the law, warns a boutique financial services company.
Merit Wealth accountants services director David Moss says when clients are in the process of entering limited recourse borrowing arrangements, the bank will usually ask the accountant or adviser to sign a certificate which states they have given the client financial advice.
While unlicensed accountants may be able to sign off on certain certificates because of the way the certificate has been worded, there are plenty that could place unlicensed accountants at risk of providing unlicensed advice.
“Some of these certificates say, ‘I have given you financial advice’ and you’d be breaking the law by signing that document if you weren’t licensed,” Mr Moss said.
He warned that even licensed accountants need to be checking for any “tricks and problems” associated with the wording of these documents.
“With some of these certificates, you’ll need to do a statement of advice for the loan simply because in the wording of the document it says ‘I have given you advice and provided you with a statement of advice’”.
“So if you’re signing documents saying that you have provided a statement of advice, then you better give a statement of advice.”
SUBSCRIBE TO THE SMSF ADVISER BULLETIN
- 23 Aug 2017'No apparent benefit' in ATO positionBy Katarina Taurian
- 23 Aug 2017Transfer balance cap confusion posing risks for practitionersBy Miranda Brownlee
- 23 Aug 2017TBAR reporting tipped to expose illegal adviceBy Miranda Brownlee
- 22 Aug 2017Contentious views on segregation locked inBy Katarina Taurian
- 22 Aug 2017Contributions spike for 2016-17 financial yearBy Staff Reporter
- 22 Aug 2017ATO targeting illegal retirement schemesBy Staff Reporter
- view all
- Transfer balance cap confusion posing risks for practitioners
Confusion around certain aspects of the transfer balance cap could be leading some practitioners to provide advice to clients based on premi...read more
- view all