News & Media

How to Amend A Trust Deed

As an accountant, financial planner or someone with your own trust, you may wonder what lawyers look for when amending a trust deed or how they go about it. The process The process involved in amending a trust deed is as follows: review the original trust deed and any previous amendments, changes of trustee or changes of appointor/principal/guardian (Consenting Party) to ensure: all documents are legally valid and effective; and that you are dealing with the current version of the deed and relevant stakeholders; identify the amendment power

Read More »

How to Change a Trustee

As an accountant, financial planner or someone with your own trust, you may wonder what lawyers are looking for when changing a trustee or how they go about it. The process The process involved in changing a trustee is as follows: review the original trust deed and any previous amendments, changes of trustee or changes of appointor/principal/guardian (Consenting Party) to ensure: the documents are legally valid and effective; and that you are dealing with the current version of the deed and relevant stakeholders; identify whether the trustee has

Read More »

How to Change an Appointor/Principal/Guardian

As an accountant, financial planner, or someone with your own trust, you may wonder what lawyers look for when changing an appointor/principal/guardian (Consenting Party) or how they go about it. The process The process involved in changing an appointor is as follows: review the trust deed and any previous amendments, changes of trustee, or changes of Consenting Party to ensure: all documents are legally valid and effective; and that you are dealing with the current version of the deed and relevant stakeholders; identify the clause(s) dealing with the

Read More »

How to Rectify a Trust Deed

As an accountant, financial planner or someone with your own trust, you may wonder what Trustee lawyers in Sydney look for when rectifying a trust deed or how they go about it. Rectifying a trust deed corrects one or more mistakes in the trust deed which does not accord with the original intention of the parties. The process The process involved in rectifying a trust deed is as follows: review the trust deed and identify the relevant mistake(s); and confirm with the parties to the relevant trust deed,

Read More »

What is a trust, how are they taxed, and which one should you choose?

A trust is a relationship between: the trustee (who holds the legal title to trust assets for the benefit of the beneficiaries); and the beneficiaries (on whose behalf and benefit the trust assets are held). Are there different types of trusts? Yes. There are different types of trusts, for example: discretionary trusts; fixed trusts (including some unit trusts); and hybrid trusts. What is a discretionary trust? Most trusts commonly referred to as ‘family trusts’ are discretionary trusts where: none of the beneficiaries have an interest in the trust

Read More »

Can A Foreign Company Issue Shares or Options Under the Australian ‘start-up’ ESS/ESOP rules?

Traditionally, only the largest corporate groups operated across multiple jurisdictions. However, the combined impact of: globalisation; and the digitalisation of the global economy, has resulted in start-ups and small to medium enterprises (SMEs) operating in around the world. The problem Start-ups and SMEs often use an employee share scheme (ESS) or an employee share option plans (ESOP) to attract and retain key hires, particularly where those employees could command significantly higher salaries in more established businesses. Where an Australian resident individual working in Australia (Australian Employee) participates in

Read More »
TRUSTS
James Meli

How to Amend A Trust Deed

As an accountant, financial planner or someone with your own trust, you may wonder what lawyers look for when amending a trust deed or how they go about it. The process

Read More »
TRUSTS
James Meli

How to Change a Trustee

As an accountant, financial planner or someone with your own trust, you may wonder what lawyers are looking for when changing a trustee or how they go about it. The process

Read More »
TRUSTS
James Meli

How to Rectify a Trust Deed

As an accountant, financial planner or someone with your own trust, you may wonder what Trustee lawyers in Sydney look for when rectifying a trust deed or how they go about

Read More »