New Corporate Trustee: Registering The Company First?

Table of Contents

Share at:

You want to set up a corporate trustee, but you face some issues. You really don’t know exactly how to create it and the steps you would take. Do you need to register your company first? Who and what needs an ABN or TFN in this relationship and if so, how would I get them?

Quite overwhelming. Fortunately for you, we’ve made the hurdles required to create a corporate trust quite smaller. LawPath can assist with setting up your discretionary trust, and for comprehensive and personalised guidance on how to set up a business trust, take your pick from LawPath’s expert business lawyers.

Registering your company

The simplest way to set up a corporate trustee is by registering the company first.

At this point, you’ve made a note of your assets, and have decided on your best directors for the trust. You’ve decided that you’re going to create a superfund and want to wrap your head around the terminology.

Trust – the superfund.

Trustee – the company running the superfund.

However, registration is important. A company is only a legal entity after being first registered and there cannot therefore be a corporate trustee otherwise. The registration process is the same as there are no additional steps required to register your company as a corporate trustee.

Luckily, you’ve now registered your company and are nearly there to get your trust up and running.

Need specialised advice regarding your company?

Contact a Lawpath consultant on 1800 529 728 to learn more about company registration, customising legal documents, obtaining a fixed-fee quote from our network of 600+ expert lawyers or to get answers to your legal questions.

Download our Starting a Company eBook for Free

Download this comprehensive guide to learn everything you need to start your business the right way.

READ NOW

Does your company need an ABN and TFN?

Even after becoming a company, there’s still so much to consider. Does your trust need an Australian Business Number (ABN) and Tax File Number (TFN)? How about the corporate trustee itself? It can be quite confusing. Fortunately, the answers largely depend on the use of your corporate trustee.

Acting solely as trustee

If your company is solely a corporate trustee for your superfund, there is no requirement for an ABN or a TFN as it does not lodge tax returns nor does it run a business.

Other uses

If your corporate trustee will engage in other activities, such as investments and trade, you will need an ABN and TFN to manage those logistics.

Does the trust need an ABN or TFN?

The long story short is – yes for both. The trust needs an ABN for any business or investment activities it conducts. A trust should also have a TFN to lodge income tax returns. With LawPath’s company registration, you have the ability to register your Australian Company Number (ACN), as well as both your ABN and TFN.

Conclusion

Finally, relief. You’re untouchable, officially able to start a company that can be a corporate trustee. Remember to read up on the advantages and disadvantages of corporate trustees. If you want more thorough legal guidance, you should consult with an expert business lawyer.

Still unsure or lacking confidence? Contact a LawPath consultant on 1800 529 728 to learn more about customising legal documents, obtaining a fixed-fee quote from our network of 750+ expert lawyers or to get answers to your legal questions.

Find the perfect lawyer to help your business today!

Get a fixed-fee quote from Australia's largest lawyer marketplace.

Share at:

Simplify creating legal documents today

Browse through Lawpath's AI tools which can be used to draft, review and refine legal documents today!

Related Articles

What Happens If You Break a Contract? The Ultimate Guide to Contractual Remedies (2026 Update)

Contractual breaches can be devastating. Learn exactly what you can do and what remedies the courts may grant to rectify them.

Can a Handwritten Agreement Hold Up in Court?

Is a handwritten agreement a legally binding agreement? Turns out, what is on the inside is what truly counts.

Is Driving Without Shoes Illegal in Australia?

Although driving without shoes may be the more comfortable option, it's something you may want to think twice about. Learn what the rules are here.

How to Set Up a Family Trust (2026 Update)

Setting up a family trust requires careful planning and an understanding of how trusts operate. Find out how to get started here.

How to Exit Your Shareholders’ Agreement

Are you looking to sell your shares in a company? Not quite sure how to exit? Read on to learn more about how to exit your shareholder's agreement.

Quick Tips: Legal Documents For Business Founders

Learn about the legal documents, including Shareholder's Agreement and Vesting Agreement, that you may need when starting a business.