Entities

Company Creation

Companies in Australia are registered and governed by ASIC. Companies are recognised as separate legal entities to the shareholders, this means a company has its own legal rights and as a shareholder you are not ordinarily liable for the company’s liabilities.

Documents provided

  • Form 201
  • Constitution
  • Occupiers Consent to use Registered Office
  • Consent for all members
  • Notice of Appointment of Public Officer
  • Minutes of First Meeting for all members
  • Application for Shares
  • Share Certificate
  • Register of Members and directors
  • Allotment Journal
  • Table of Forms & Documents Lodged with ASIC
  • Common Seal Register
  • Register of Debenture Holders

Self Managed Superannuation Fund

A SMSF is a private superannuation fund that the members self-manage. Regulated by the Australian taxation office. SMSF’s can have up to 4 members. All members must be trustees (or directors if there is a corporate trustee) and are responsible for decisions made about the fund. And complying with all relevant laws

Documents provided

  • SMSF Trust Deed and Rules
  • Application by Member Notice to Member and Trustee
  • Information Memorandum - Binding Death
  • Information Memorandum - Investment Strategy
  • Product Disclosure Statement
  • Resolution SMSF Establishment
  • ABN Registration for Superannuation Entities

Documents provided

  • Discretionary Trust Deed
  • Information memorandum
  • Resolution of establishment

Discretionary Trust

Discretionary trust is one of Australia’s most common small business structures. As the name applies a discretionary trust provides the trustee with discretion over who receives distribution from the trust and in accordance with specified trust terms. It is accepted in every Australian state. Most important discretionary trusts provide a great deal of flexibility regarding the distribution of income.

Fixed unit trust

A fixed unit trust differs from the discretionary trust in that generally the trustee does not have discretion over distribution of capital or income. Distribution from the trust are determined according to the number of units held and in the manner dictated by the trust. Fixed unit trust may be eligible for a land tax threshold.

Documents provided

  • Fixed Unit Trust Deed
  • Information Memorandum
  • Resolution of Unit Holder Acceptance
  • Unit Holder Acceptance and Certificate
  • Unit trust Resolution

Documents provided

  • Trust Deed - Non Fixed Land Tax Unit Trust
  • Resolution - Additional Allotment of Units
  • Unit Holder Additional Units Certificate - UT
  • Unit trust Resolution

Non fixed unit trust

A fixed unit trust differs from the discretionary trust in that generally the trustee does not have discretion over distribution of capital or income. Distribution from the trust are determined according to the number of units held and in the manner dictated by the trust.

Hybrid Trust

A Hybrid Trust bears characteristics of both Discretionary and Unit Trusts, whereby the Trustee is given power to distribute trust income and capital amongst nominated beneficiaries (as with Discretionary Trusts). The income and capital, can also be distributed in a proportional method (as with Unit Trusts) relative to the number of units held by each beneficiary.

Documents provided

  • Hybrid Trust Deed
  • information Memorandum Hybrid trust Tax consequences
  • Information Memorandum
  • Resolution Application of Units Hybrid Trust
  • Resolution Establishment Hybrid Trust
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