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 is a Shareholders Agreement? (2026 Update)

Learn why a Shareholders Agreement is an essential document in any new company and how it can manage potential risks and disputes.

What is a Gift Deed? (2026 Update)

Planning on transferring property to someone as a gift or for no cost? You may want a gift deed. Read on to find out how gift deeds work.

How to Create a Business Sale Agreement (2026 Update)

Want to sell or purchase a business? Find out how to create a Business Sale Agreement and all the key terms you should include here.

Do You need an ABN to Sell on Facebook? (2026 Update)

Looking to sell your products or second-hand items on Facebook? Find out whether you need an ABN to sell on Facebook here.

What is a Patent? (2026 Update)

A patent is a form of legal protection which grants you exclusive commercial rights to your invention. Find out more here.

How To Write A Business Plan (2026 Update)

A business plan gives your venture direction from the outset. Read this guide to find out how you write a business plan.