Unit Trust Deed

Unit Trust Deed

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Under 10 minutes
Under 10 minutes
Last updated December 2018
Last updated March 23, 2021
Suitable for all Australia states and territories
Suitable for all Australia states and territories

This Unit Trust document create a unit trust and appoints a trustee to the unit trust. In this unit trust the trustee is also the manager of the trust

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Document Overview

A Unit Trust Deed is a document that is required in order to establish a unit trust. This type of trust is characterised by the clear and fixed benefit it provides to its beneficiaries. ‘Unitholders’, who are the beneficiaries in a unit trust, own a set number of units in a similar fashion to shareholders in a company. The number of units they hold is then used to determine the benefit they receive from the trust. This substantially differs from a discretionary trust where the trustee has the ability to decide who receives the benefit and the amount they will get. Unitholders in a unit trust are also able to sell the units they own quite easily. This form of trust is a popular option given the transparency it provides and the removal of discretion in the benefit allocation process. 

This document is vital to the formation of a unit trust as it will outline the terms of its use.

A Unit Trust Deed sets out the roles of the key parties within the trust, as well as the powers and rights they will be afforded.  In addition, the administrative processes that occur in the function of the trust will also be detailed. 

It should be noted that there are several ways a unit trust can be administered. Some unit trust deeds involve a third party who assists in the setup process, commonly referred to as a settlor or manager. With regards to this document, the role of the third party is combined with the trustee. It serves as a deed between a trustee and the "initial unit holder " who contributes an amount of money which establishes trust and creates units held by the initial unit holder . Thereafter, units can be issued to the other investors.  

This document takes into account all the relevant criteria to attract the tax free threshold under NSW law. This document allows the user to create a trust document which is compliant with the Land Tax Management Act 1956 (Act) and can receive any potential tax breaks. 

Use this Unit Trust Deed If:

  • You would like to establish a unit trust

What does this Unit Trust Deed Cover?

  • Formation of the trust
  • Identities of parties
  • Beneficial interest of unitholders
  • Classification of units
  • Register of unitholders
  • Certificates
  • Transfer of units
  • Distribution of income and capital
  • Appointment/removal of trustee
  • Meetings of unitholders
  • General powers
  • Termination

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