Companies

How can you make the standard company a trustee company?

You just nominate the company as a trustee in a Trust set up by filling out the company details. To upgrade a constitution of a standard company to have a corporate trustee constitution, you can use 'Company Constitution Variation to Leading Member Discretionary Trust (Corporate Trustee)'.

You need to setup the company first. Then, you can do the trust while waiting for the ACN. 

NOTE:

  • If you want to set up a trustee company where the shareholders are non individuals it has to be set up as a standard company. Then, once it has been completed and assembled, you can then set up the trust where you will tick a box to nominate the company as the trustee. 
  • If you want to set up a company that is a corporate trustee from the get go, you can set up either the Family Protection Trust Trustee Company or the Leading Member Discretionary Trust Trustee. 
  • But if you have already set up a standard company, you can upgrade the constitution to make it a Corporate Trustee. 

Questions:
Will the standard and the trustee company allow you to put companies as shareholders?


Answer: Shareholders must be individuals. Also, a company cannot be a Leading Member as it refers to an individual. 

 

Please be advised this is general information only, and is not to be taken as legal advice. If you would like more information, or have a legal query, please contact Abbott & Mourly directly.
Reviewed: 17/01/2024