I am looking to establish a corporate trustee trust structure ( Corporate trustee -> Trust -> Holding Co -> Operating co) for a startup, where the corporate trustee holds 100% of the shares in the holding company on trust for the beneficiaries. My confusion has come around how to make the shares in the Holding Co form part of the trust property.
1. In what order do I set up this structure? Do the Holding Co and Operating Co need to be incorporated before or after the trust deed is created? Does the settlor purchase the shares in the HC and then form the trust? Or does the settlor create the trust with a minimal sum e.g. $10 and then settle the shares in the company on the trust at a later date? Or is there a different method?
2. For the purposes of Stamp Duty, what determines the State that the Trust Deed is established in?
3. Will the trust need to have an ACN/ABN that is different from the Corporate Trustee?
1. In what order do I set up this structure? Do the Holding Co and Operating Co need to be incorporated before or after the trust deed is created? Does the settlor purchase the shares in the HC and then form the trust? Or does the settlor create the trust with a minimal sum e.g. $10 and then settle the shares in the company on the trust at a later date? Or is there a different method?
2. For the purposes of Stamp Duty, what determines the State that the Trust Deed is established in?
3. Will the trust need to have an ACN/ABN that is different from the Corporate Trustee?