Acis Settlements or
$10.00 or
Trustees
IMPORTANT: Full, verifiable names are required.
(if applicable)
(First Officer listed to be Chairman, first 2 Officers to be signatories)
(First person listed to be Chairman)
*Providing TFNs is optional, but will benefit ABN/TFN applications.
*Providing TFNs is optional, but will benefit ABN/TFN applications.
Appointor/s & Beneficiaries
(if any)
*The roles of the Appointor/Alternative Appointor are described on page 2 of this order form.
Relatives of Primary Beneficiaries are included (i.e. spouses, parents, brothers, sisters, all children, grandchildren, nieces, nephews, cousins, uncles and aunts) and the executor, in that capacity only, of any deceased beneficiaries.
Companies and trusts in which any of the previous beneficiaries are interested are included, as are religious, tax exempt or charitable institutions.
If no nomination is made there will be no Default Beneficiaries (i.e. takers in default).
Additional Information/Special Instructions
Payment Details
$
*3% SURCHARGE APPLIES
 
Establishment of your Trust
Acis provides trust establishments in 3 ways:
1. Settled direct - we provide Settlor - Acis Settlements Pty. Ltd. acts as the Settlor and the Trust Deed is prepared and delivered to you for execution by the Trustee. The Trust’s jurisdiction will be that in which the Trustee/s execute the Trust Deed and settlement stamp duty may (or may not) apply in that jurisdiction.
2. Settled direct - you provide Settlor - the Trust Deed is prepared and delivered to you for execution by the Settlor and Trustee. The Trust’s jurisdiction will be that in which the Trustee/s execute the Trust and settlement stamp duty may (or may not) apply in that jurisdiction.
3. Power of Attorney - Acis Settlements Pty. Ltd. acts as the Settlor and Acis Nominees Pty. Ltd. will sign the Trust Deed on behalf of the Trustee under Power of Attorney. As all documents are signed in our office, the Trust’s settlement jurisdiction will be Queensland. The power of attorney is restricted to the act of signing the deed only and does not constitute a general Power of Attorney i.e. once the deed is signed, the power of attorney effectively ends. If not accompanying your order, the executed Power of Attorney MUST be returned to us for the trust to be properly established.
For convenience, a blank Power of Attorney is attached. You should note that a trustee company cannot execute a Power of Attorney prior to its registration.
Dating your Trust
When establishing your Trust, the following procedures will apply:
1. If the Trust Deed is to be settled direct using Acis Settlements Pty. Ltd. as the Settlor (and your instructions do not specify a subsequent date), the Trust Deed will be dated when it is executed by the Settlor.
2. If you provide the Settlor (and your instructions do not specify a subsequent date), the Trust Deed will be supplied undated.
3. If the Trust Deed is executed under Power of Attorney, the Trust will be dated on the day we receive the properly executed Power of Attorney from you (regardless of the date appearing on the Power of Attorney).
Executing Trust Deeds
It is vital that your Trust Deed is properly executed and the settlement sum received and deposited to a trust bank account BEFORE the trust undertakes any transactions. If the trust deed is not properly executed:
1. the trust may be improperly established, not established at all or invalid;
2. adverse taxation (particularly CGT) and stamp duties issues may arise.
The Acis trust deed excludes foreign persons for the purposes of surcharge foreign person duty and land tax in all Australian jurisdictions for which these surcharges apply, except NSW. To prevent inadvertent foreign person surcharge duty and land tax liabilities in NSW, the trust deed must irrevocably exclude foreign persons. This means that the trustee of this trust would not be able to distribute to foreign persons and this could not be changed. If you elect for the trust deed to irrevocably exclude foreign persons, the trust deed will exclude foreign persons for the purposes of surcharge foreign person duty and land tax in all Australian jurisdictions for which these surcharges apply, and incorporate additional clauses to irrevocably exclude foreign persons and prevent inadvertent foreign person surcharge duty and land tax liabilities of the trust in NSW.
Roles within our Discretionary Trust
Appointor/Alternative Appointor - The Appointor has the right to nominate additional beneficiaries and to appoint and remove trustees. The Alternative Appointor will step into the Appointor’s position if the Appointor has died or is otherwise unable to act for any reason and it becomes difficult to exercise the powers of appointment. It is not mandatory to nominate an Alternative Appointor.
Secondary Beneficiaries/Tertiary Beneficiaries - These are relatives of the Primary Beneficiaries and include children, grandchildren, stepchildren, brothers and sisters, nieces and nephews, spouses and parents of the Primary Beneficiaries. This class also includes the trustees of the estates of any of these relatives who may be deceased.
Tertiary Beneficiaries - These are companies and trusts that any other beneficiaries (and their relatives) may have interests in or may be directors/trustees of. This class also includes charities.
Default Beneficiaries - These are the parties who are the takers in default of an appointment of income or capital by the Trustee. If none are nominated the trust will have no Default Beneficiaries. Default Beneficiaries may be nominated after the establishment of the trust. Further information on this topic may be found at www.acis.net.au/resources/are-default-beneficiaries-a-necessary-evil.
Power of Attorney
 
(Insert ALL Names)
(the "Proposed Trustee/s")
make the following RECITALS:
(A) I/We have agreed to act as trustee/s of:
(the "Trust")
(B) I/We have agreed to the engagement of Acis Nominees Pty Ltd ACN 146 588 767 to establish the Trust.
(C) I/We have agreed to appoint Acis Nominees Pty Ltd ACN 146 588 767 to be my/our attorney to execute the Trust Deed of the Trust.
THE PROPOSED TRUSTEE/S CONSTITUTE Acis Nominees Pty Ltd ACN 146 588 767 to be my/our true and lawful attorney to enter into and sign the Trust Deed for the Trust between Acis Settlements Pty. Ltd. ACN 081 961 391 as Settlor and the Proposed Trustee/s.
I/WE FURTHER APPOINT Acis Nominees Pty Ltd ACN 146 588 767 to be my/our attorney for the purpose of receiving the Settlement Sum (as defined in the Trust Deed) from the Settlor.
//
Individual Trusee/s
SIGNED SEALED AND DELIVERED by the Proposed Trustees:
 
Proposed Trustee
 
 
Witness
 
Proposed Trustee
 
 
Witness
 
Proposed Trustee
 
 
Witness
 
Proposed Trustee
 
 
Witness
Corporate Trustee
EXECUTED AS A DEED by the Proposed Trustee:
 

 
This is an important document and must be retained by the trustee/s.