Consider this if…
- A new trust will use a corporate trustee
- Individual trustees are being replaced by a company
- An accountant has recommended a special-purpose trustee company
- The company must be coordinated with a trust establishment
How it works
Tell us what you need to change
We identify the company, the people involved, the intended result and any deadline or transaction driving the work.
At the first conversation
We check the existing record
We review the available company extract, constitution, registers, resolutions and agreements relevant to the proposed step.
Before documents are prepared
We prepare the legal documents
The required resolutions, notices, consents, agreements and records are prepared as one consistent set.
Timing confirmed with the scope
Signing, records and lodgement
We explain what must be signed, update the company record and deal with the required lodgement within the agreed scope.
After approval and signing
Fee
Quoted in writing before we start
GST inclusive
The scope, fee and expected timing are confirmed in writing before work begins.
The company and trust are separate legal pieces
The company is registered under company law; the trust relationship is created by the trust deed. The company does not become trustee merely because its name suggests that role. Appointment and acceptance documents must connect the two.
Keep the purpose clear
Using one company solely as trustee can separate records and risk from an operating business. Whether that structure is appropriate should be considered with legal, accounting and tax advice.
Coordinate the establishment documents
Registration, constitution, initial company records, trust deed and trustee appointment should use consistent names, dates and roles. We define which parts are included in the legal engagement.
Frequently asked questions
Is the company the same thing as the trust?
No. The company is the legal entity acting as trustee; the trust is the relationship governed by the deed. Their documents must be coordinated.
Can an existing trading company act as trustee?
It may be legally possible in some circumstances, but mixing roles can create risk and record-keeping issues. The proposed structure should be considered with your accountant and lawyer.
Does a trustee company have ongoing obligations?
Yes. It remains a registered company with company-law records and ongoing obligations, alongside its duties as trustee.
Related services
Tell us the company name, what needs to happen and any deadline you are working to.
Ask about this company service