Trading Trusts Explained

A practical reference for lawyers, accountants and finance professionals

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ISBN/ISSN: 9780409347753
Release Date: November 01, 2017
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ISBN/ISSN: 9780409347746
Release Date: November 01, 2017
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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

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 beneficiaries

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