Trading trusts explained / Peter Agardy.

Chatswood, N.S.W. : LexisNexis Australia, 2018.

1st edition

88053

Discretionary trusts -- Australia.

Trusts and trustees -- Australia.

Trust companies -- Australia.

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 to the 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.

Trading Trusts Explained - 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. - Publisher's website.

9780409347746

xviii, 188 p. ; 25 cm