Companies | trusts

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A company may choose to update its constitution for a number of reasons. Our company constitution has been drafted to ensure flexibility and effectiveness for both standard and special purpose structure needs.

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We can assist with establishing a new company for a variety of uses, including for appointment as the corporate trustee of an SMSF or trust. Our company constitution has been drafted to ensure flexibility and effectiveness.

This FAQ outlines key questions that must be taken into consideration when appointing a trustee or director in a SMSF.

This document appoints an individual as an additional trustee or to appoint an individual as an additional director of the corporate trustee. This document is not suitable for the purpose of appointing a company as the corporate trustee. It is not suitable where third parties such as Banks require the appointment of the trustee by way of a deed.

This document set effects the resignation of an individual as a trustee or to effect the resignation of an individual as a director of the corporate trustee. It is not suitable for the purpose of removing a company as the corporate trustee.

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Discretionary trusts allow potential beneficiaries to control assets without actually owning the assets - very useful for asset protection purposes. By being able to spread income among the beneficiaries a Discretionary trust allows the flexibility to ensure the full marginal tax rates of various beneficiaries can be utilised.

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Discretionary trusts allow potential beneficiaries to control assets without actually owning the assets - very useful for asset protection purposes.

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A hybrid trust is part unit trust and part discretionary trust. It combines the flexibility of a discretionary trust with the reliability of a unit trust. this is a bundled product including hybrid trust establishment, company establishment and Stamping.

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A Service Agreement is suitable for a practice which is operated by an individual professional who wishes to pay their discretionary trust to administer and manage the practice.

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A unit trust is established by a settlor gifting the nominal settlement sum to the trustee. The trust is divided into classes of units, each class of beneficiary is then defined by reference to their relationship with the relevant unit holder.

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A unit trust is established by a settlor gifting the nominal settlement sum to the trustee. The trust is divided into classes of units, each class of beneficiary is then defined by reference to their relationship with the relevant unit holder.

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When changing a trustee of a discretionary trust it is vital to ensure that the procedure for changing the trustee is followed exactly to the letter. Incoming trustee eligibility, States Duty Acts, and taxation consequences must also be considered.

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This document pack provides the relevant documents to change the name of a trust, whether a family trust, discretionary trust, unit trust, testamentary trusts, or a hybrid trust.

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When changing a trustee of a unit trust it is vital to ensure that the procedure for changing the trustee is followed exactly to the letter. Incoming trustee eligibility, States Duty Acts, and taxation consequences must also be considered.

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Trusts that hold or intend to hold residential property in New South Wales, Victoria and Queensland may be liable to surcharge land tax and/or surcharge purchaser duty if any of their beneficiaries qualifies as a 'foreign person', regardless of the specified law of the State set out in the trust deed which governs the trust. The surcharge is in addition to any land tax the trust may already be paying.

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The discretionary trust streaming amendment pack is designed for use when a Discretionary Trust requires amendment.

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Hybrid trust – exclusion of foreign persons

Please note: Clients should consider whether this document is suitable for use in respect of NSW property as from 1 July 2022 the document may be subject to ‘ad valorem’ duty levied by Revenue NSW.