Trading Trusts Explained

A practical reference for lawyers, accountants and finance professionals

Book
AUD$ 104.01
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ISBN/ISSN: 9780409347746

Product description

Trading Trusts Explained, explains the trading trust has been popular in Australia as a business structure for some decades due to perceived flexibility and tax advantages. The process involved in creating and maintaining a trading trust can be complex, and it is important that lawyers, accountants and other professionals providing business advice are across the relevant issues. Particular difficulties arise when there are disputes between participants or when the trading entity becomes insolvent. Trading Trusts Explained is a concise and accessible reference for busy practitioners and includes insightful commentary on the general principles and offers practical guidance.

Features

  • Clear and concise discussion
  • Written by an expert in the field
  • Includes deed precedents and practical checklist

Related Titles

D’Angelo, Commercial Trusts, 2014
Heydon & Leeming, Jacob’s Law of Trusts in Australia 8th edition, 2016
Heydon, Leeming & Turner, Meagher, Gummow & Lehane’s Equity: Doctrines and Remedies 5th edition, 2014

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Table of contents


  1. Introduction

  2. Typical structure

  3. Establishing the structure

  4. Basic principles

  5. Advantages and disadvantages

  6. The growth of trading trusts

  7. Control without ownership

  8. Tax treatment

  9. Existence of a trust

  10. Accounting

  11. Dispute

  12. Mediation

  13. Indemnity from trust assets

  14. Indemnity from beneficiariesv
  15. Creditors’ right of subrogation of right of indemnity

  16. Exclusion of the right of indemnity

  17. Disqualification of trustees

  18. Company winding up

  19. Winding up a trust

  20. Replacement of a trustee

  21. Appointment of a receiver

  22. Challenging a trustee

  23. Personal liability of directors of trustee companies

  24. Asset protection

  25. Procedure

  26. Trustee’s power of sale

  27. Remuneration

  28. Conclusion


APPENDIX 1 — CHART OF COMPANIES AND TRUSTS


APPENDIX 2 — EXAMPLES OF TRUST DEEDS


APPENDIX 3 — CHECKLIST