Trading Trusts Explained 2nd Edition

Name: Trading Trusts Explained 2nd Edition
Brand: LexisNexis Australia
SKU: 9780409358407
Price: 1217.00 HKD
Availability: InStock
Author: Peter Agardy
ISBN: 9780409358407

By Peter Agardy

LexisNexis Australia May 2024

Specifications

ISBN-13: 9780409358407
Publisher: LexisNexis Australia
Publication: May 2024
Format: Paperback
Jurisdiction: Australia ? Countri(es) for reference only

Details

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

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