Transacting with trusts and trustees
A practical guide to dealing with commercial trusts and their trustees
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As economic entities, commercial trusts are just as transactionally active as companies. Despite their similarities, however, it is not always appreciated just how different they are from companies, and how little protection the law offers to those who transact with them. Transacting parties are vulnerable to a range of risks when dealing with a trust and trustee. Unlike other textbooks and casebooks on trusts, Transacting with Trusts and Trustees deals with these practical issues in an applied way.
- Discusses current practice for legal opinions in the Australian market and offers suggestions for the wording of opinions, assumptions and qualifications involving trustees and trusts, with explanations for each
- Includes detailed checklists
- Agardy, Trading Trusts Explained
- Heydon & Leeming, Jacobs’ Law of Trusts in Australia, 8th edition
Table of contents
Ch 1 The trust as a transacting entity
Ch 2 What concerns trustees when they transact
Ch 3 Trustee limitation of liability clauses
Ch 4 Directors of trustees: duties and liabilities
Ch 5 Risks when transacting with trustees
Ch 6 Pre-transaction due diligence
Ch 7 Contractual protections
Ch 8 Legal opinions
Ch 9 Post-transaction events
Ch 10 Trusts and insolvency
Appendix 1 — Trustee Limitation of Liability Clause
Appendix 2 — Trust Checklist
Appendix 3 — Contractual Protections
Appendix 4 — Legal Opinions