The establishment and effective management of Trusts can protect and enhance the wealth and assets of a business or individual. Trusts not only have tax benefits, they also provide greater control and certainty to manage and pass on family assets from one generation to another.

If you are a Lawyer, Accountant, Financial Advisor or other professional, you want to ensure your client’s Trust documents are of the highest standard. ACTS Trust documents are drafted by experienced lawyers with specialist experience in Trust Law.

AML/CTF Requirements Apply 

Establishing a trust is a designated service under Australia's Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) legislation. 

Before we can provide this service, Client Due Diligence (CDD) requirements must be satisfied. This may involve verifying the identity of individuals and obtaining information about the relevant company, trust or other entity. If Client Due Diligence (CDD) has already been completed and ACTS is able to rely on that verification, no additional CDD will be required. Where ACTS is required to undertake CDD, a flat fee of $39 per entity will apply. 

Providing the requested information promptly, including any information required to enable ACTS to rely on existing CDD, will help us complete your order as quickly as possible. 

For different designated services we need to verify the identity of people in certain roles.

  • the identity of any person on whose behalf the trust is receiving the designated service. This includes all beneficiaries of the trust or, if they can’t be individually identified, each class of beneficiaries

  • the identity of any person acting on behalf of the customer and their authority to act. This includes any trustee of the trust and other representative that will engage with you in relation to your designated services

  • the identity of any beneficial owners of the customer. This includes the identity of all individual trustees (established above) and the beneficial owners of trustees who aren't individuals (for example, corporate trustees), settlors, appointors, guardians, protectors and any other individual with control over the trust including, in some cases, beneficiaries

  • Item description

  • The identity of any beneficial owners of the customer. This includes the identity of all individual trustees (established above) and the beneficial owners of trustees who aren't individuals (for example, corporate trustees), settlors, appointors, guardians, protectors and any other individual with control over the trust including, in some cases, beneficiaries

* For all these roles that are filled by existing trusts or companies, ASIC extract and copies of trust deeds, constitutions and all variations of these documents will need to be provided. 

 

Discretionary Trusts (Family Trust)

Discretionary Trusts are one of the most used forms of trusts within Australia. Discretionary Trusts can be used for:

  • Operating a business where the owners have a common interest

  • To buy and hold investments, including property

  • Asset protection

Further information: Explanation of a Discretionary Trust


What you will receive

  • Trust Deed* x 3

  • Trustee minute/resolution (if applicable)

*ACTS will arrange for the Trust Deed to be stamped in Victoria. If the trust is established in a jurisdiction outside of Victoria, ACTS are unable to arrange for stamping of the Trust Deed.

A Discretionary Trust excluding stamp duty costs $340 inc. GST

A Discretionary Trust including stamping in Victoria costs $540.

Complete the Discretionary Trust Instruction Form

Unit Trusts

Unit Trusts outline the purpose of the trust, the rights and obligations of the trustees and unit holder(s), powers of the trustee, and identifies various parties such as initial unit holder(s) & Trustee(s).

What you will receive:

  • Unit trust* x 3

  • Trustee minute/resolution (if applicable)

  • Unit certificate(s)

*ACTS will arrange for the Trust Deed to be stamped in Victoria. If the trust is established in a jurisdiction outside of Victoria, ACTS are unable to arrange for stamping of the Trust Deed.


A Unit trust excluding stamp duty costs $340 inc. GST

A Unit trust including stamping in Victoria costs $540.

Complete the Unit Trust Instruction Form