Trusts come in many forms and need to be individually drafted to your particular circumstances.
In addition to trusts set up for individuals, we are experienced in providing advice for group models including charitable trusts, clubs and incorporated societies.
A trust is created when a person (the settlor) transfers property to trustees for those trustees to hold on behalf of a wider group of people (the beneficiaries). Trustees are obliged to use property they hold for the purposes specified by the settlor in the Trust Deed. The Trust Deed sets out the rules and regulations of the trust and records who the beneficiaries are.
A trust usually has two or more trustees, often including the settlor. It is advisable to include an independent trustee such as a lawyer or accountant who knows how a trust operates and is free from any family dynamics when making a decision.
Some of the benefits of having a family trust are as follows:
It is important to obtain legal advice before proceeding with forming a Family Trust to ensure it is appropriate for your circumstances.
A Trading Trust is a trust established for the purpose of owning and operating a business.
A Trading Trust generally has corporate trustees, the directors of which manage the trust and operate the business. The beneficiaries are those who benefit from the income of the trust. Profits can be allocated to beneficiaries in any proportion. As a consequence, the total amount of tax paid on profit can be less than that payable if the business was operated by a sole trader, partnership or company.
Check with us to see if a Trading Trust is right for your business.
Where property is to be used for one or more of the following purposes, it may be possible to incorporate a Charitable Trust to hold the property.
A Charitable Trust is operated by a board of trustees. If a Charitable Trust meets the Inland Revenue Department’s requirements for donee status and is registered with the Charities Commission, the trust may also receive certain tax benefits. If a Charitable Trust isn’t appropriate, a society formed under the Incorporated Societies Act 1908 can be a suitable vehicle for a group of people operating with a common interest or goal, such as a sports club or cultural group. Such as Society operates as a separate legal entity. This means the members of the society will usually obtain protection from personal liability for the debts and obligations of the society. In addition, a society may receive tax exemptions if it is registered as a charity. An incorporated society must operate in line with its written rules.
We can advise whether a Charitable Trust, Incorporated Society or some other entity is suitable for your purposes, and set one up for you.