Trading Trusts Explained
A practical reference for lawyers, accountants and finance professionals
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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.
- Clear and concise discussion
- Written by an expert in the field
- Includes deed precedents and practical checklist
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
- Typical structure
- Establishing the structure
- Basic principles
- Advantages and disadvantages
- The growth of trading trusts
- Control without ownership
- Tax treatment
- Existence of a trust
- Indemnity from trust assets
- Indemnity from beneficiariesv
- Creditors’ right of subrogation of right of indemnity
- Exclusion of the right of indemnity
- Disqualification of trustees
- Company winding up
- Winding up a trust
- Replacement of a trustee
- Appointment of a receiver
- Challenging a trustee
- Personal liability of directors of trustee companies
- Asset protection
- Trustee’s power of sale
APPENDIX 1 — CHART OF COMPANIES AND TRUSTS
APPENDIX 2 — EXAMPLES OF TRUST DEEDS
APPENDIX 3 — CHECKLIST