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F 1800 655 556
acis@acis.net.au
acis.net.au
Lineal Descendants
Discretionary Trust Order Form
https://portal.acis.net.au/static/public/build/assets/images/logos/logo.png
Acis Settlements or
$10.00 or
Trustees
IMPORTANT: Full, verifiable names are required.
(if applicable)
(First Officer listed to be Chairperson, first 2 Officers to be signatories)
(First person listed to be Chairperson)
Appointor/s & Beneficiaries
(if any)
*The roles of the Appointor/Alternative Appointor are described on page 2 of this order form.
For Income and Capital Protected (see selection above and notes on page 3)
Any person who is or becomes a Lineal Descendant of a Primary Beneficiary
Companies and trusts in which all of the interests are held by, or for the benefit of, other beneficiaries.
For Capital Protected Only (see selection above and notes on page 3)
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.
Any Primary Beneficiary and any person who is or becomes a Lineal Descendant of a Primary Beneficiary
Additional Information/Special Instructions
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.
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.
Our Lineal Descendants Discretionary Trust - Income and Capital Protected
Trustee - The Trustee has the power to amend the Trust Deed and to remove and appoint Beneficiaries, but only in accordance with the restrictions on these powers in the Trust Deed (see Amendments & Changes to Beneficiaries below).
Appointor/Alternative Appointor - The Appointor has the right to appoint and removes Trustees. The Appointor also has the right to remove and appoint Beneficiaries, but only in accordance with the restrictions on this power in the Trust Deed (see Amendments & Changes to Beneficiaries below). The Alternative Appointor will become the Appointor if the Appointor has died or is otherwise unable to act. It is not mandatory to nominate an Alternative Appointor.
Beneficiaries - Primary, Secondary & Tertiary Beneficiaries are entitled to receive distributions of both income and capital of the Trust.
Primary Beneficiaries - These are the persons nominated as such at the time of ordering and who are listed, by name, as Primary Beneficiaries.
Secondary Beneficiaries - These are the Lineal Descendants of the Primary Beneficiaries. Lineal Descendants means Child or remoter issue. Child includes a natural child and adopted child but excludes a step child or foster child.
Tertiary Beneficiaries - - These are companies and trusts in which all of the interests are held only by, or for the benefit of, other Beneficiaries.
Amendments & Changes to Beneficiaries - The Trustee and/or the Appointor have the power to remove Beneficiaries. The Trustee and/or the Appointor may only appoint a brother or sister of a Primary Beneficiary or a Lineal Descendant of those brothers and sisters to be a Secondary Beneficiary, and only where there are no living Lineal Descendants of the Primary Beneficiary remaining. The power to amend the Trust Deed cannot be used if, as a result, any person who is not a Primary Beneficiary, a Lineal Descendant of a Primary Beneficiary, a brother or sister of a Primary Beneficiary or a Lineal Descendant of those brothers and sisters could or will become a Beneficiary of the Trust.
Our Lineal Descendants Discretionary Trust - Capital Protected Only
Trustee - The Trustee has the power to amend the Trust Deed and to remove and appoint Beneficiaries, but only in accordance with the restrictions on these powers in the Trust Deed (see Amendments & Changes to Beneficiaries below).
Appointor/Alternative Appointor - The Appointor has the right to appoint and removes Trustees. The Appointor also has the right to remove and appoint Beneficiaries, but only in accordance with the restrictions on this power in the Trust Deed (see Amendments & Changes to Beneficiaries below). The Alternative Appointor will become the Appointor if the Appointor has died or is otherwise unable to act. It is not mandatory to nominate an Alternative Appointor.
Beneficiaries - Primary, Secondary & Capital Beneficiaries are entitled to receive distributions of income. Capital Beneficiaries only are entitled to receive distributions of capital.
Primary Beneficiaries - These are the persons nominated as such at the time of ordering and who are listed, by name, as Primary Beneficiaries.
Secondary 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 and 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.
Capital Beneficiaries - These are the Primary Beneficiaries and the Lineal Descendants of the Primary Beneficiaries. Lineal Descendants means Child or remoter issue. Child includes a natural child and adopted child but excludes a step child or foster child.
Amendments & Changes to Beneficiaries - The Trustee and/or the Appointor have the power to remove Beneficiaries. The Trustee and/or the Appointor may only appoint a brother or sister of a Primary Beneficiary or a Lineal Descendant of those brothers and sisters to be a Secondary Beneficiary, and only where there are no living Lineal Descendants of the Primary Beneficiary remaining. The power to amend the Trust Deed cannot be used if, as a result, any person who is not a Primary Beneficiary, a Lineal Descendant of a Primary Beneficiary, a brother or sister of a Primary Beneficiary or a Lineal Descendant of those brothers and sisters could or will become a Beneficiary of the Trust.
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.