NSW Trusts, Coporate Trustee, Asset Projection

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Ronald Jemmott

Active Member
17 April 2017
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We have several registered trusts which are managed by a corporate trustee.
One of the Trusts owns a property in NSW, the title of the property is recorded under the corporate trustee’s name as you cannot register property under a trust. But what we did filed a Caveat on the property, and the trust is attached to the Caveat. This was done over 10 years ago. Is this enough projection from the Trustee's (the companies) creditors?
My second questions are relation to floating liquid assets like stock portfolio,. We declared them as assets by the notation and amendment in the trust, and recorded at a general meeting with both the Trustee’s directors and Trust owners. Can you please advise if this is enough protection.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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One of the Trusts owns a property in NSW...
When you say "a property", do you mean a bona fide working farm business?

And yes, a caveat is an established way to disclose/ reference a trust to LRS.

How is it that a mere trustee company comes to have problems with creditors?
Is it a trading company that also happens to be the trustee?
Or is it the case that the sole director of the trustee entity is personally bankrupt?
 

Ronald Jemmott

Active Member
17 April 2017
8
0
31
Thankyou. I want to make sure the trust assets are not mistaken to be the corporate trustee assets.
How is it that a mere trustee company come to have problems with creditors? The company does some minor own activities, outside managing the trust.
Is it a trading company that also happens to be the trustee? The company is primary a holding company but does some minor own activities, outside managing the trust.
Or is it the case that the sole director of the trustee entity is personally bankrupt? no.