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Business Structures Part 4: The broke trustee

Published on 03 Jul 2020 | Took place at Online, WA

Australians love trading through trusts. In a tough trading environment, we will be seeing trust insolvencies. In this session David talked about some of the peculiarities of broke trusts, including:

  • is the broke trustee automatically sacked?
  • if not, should the trustee be sacked and replaced?
  • how does the trustee get refunded amounts it owes or has paid to creditors?
  • what if the trustee also traded personally, or as trustee of another trust?
  • getting the liquidator or bankruptcy trustee paid, and whether there is GST on remuneration
  • other ways in which the ATO and SRO might get a jump on other creditors.

Individual sessions

Trustee insolvency - Practice pointers

Author(s):  David W MARKS

This paper covers:

  • the “commercial monstrosity”
  • rights of indemnity
  • ability to exclude the indemnity against the fund
  • which rule book applies?
  • liquidators’ remuneration.
Materials from this session: