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Trading Trusts Explained 2nd Edition

Trading Trusts Explained 2nd Edition

  • 作者:
  • 出版商: LexisNexis Australia
  • ISBN: 9780409358407
  • 出版时间 May 2024
  • 规格: Paperback
  • 适应领域: Australia ? 免责申明:
    Countri(es) stated herein are used as reference only
¥1,143.98
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  • 描述 
  • 大纲 
  • 详细

    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

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