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Trading Trusts Explained 2nd ed


ISBN13: 9780409358407
Previous Edition ISBN: 9780409347746
Published: May 2024
Publisher: LexisNexis Australia
Country of Publication: Australia
Format: Paperback
Price: £110.00



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Trading Trusts Explained 2nd edition is a quick introductory reference that aims to guide the commercial readers through the maze that is the interaction of corporations law and trust law.

This edition of Trading Trusts Explained considers a few significant developments in this area of the law since 2018. One is the decision of the High Court in Carter Holt Harvey Woodproducts Australia Pty Ltd v The Commonwealth of Australia. The thrust of that decision is that the priorities set out in the Corporations Act 2001 (Cth) apply when a company in liquidation is the trustee of a trading trust. Another is the Commonwealth Government review, Parliamentary Joint Committee on Corporations and Financial Services into corporate insolvency in Australia. The committee accepted that ‘cohesive legislative reform’ is warranted.

Features:

  • An accessible introduction to a complex area of Australian commerce
  • Covers the entire life cycle of a trading trust in many short chapters
  • Suitable for anyone starting out in practice as a commercial lawyer, an accountant in private practice, or a student completing a practical legal training course on commercial law
  • Includes a useful chart of companies and trusts often recommended by lawyers and accountants for a trading entity
  • Provides examples of trust deeds
  • Comes with a checklist of questions to ask before adopting a trading structure

Subjects:
Other Jurisdictions , Australia
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 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