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Transacting with Trusts and Trustees (eBook)

A practical guide to dealing with commercial trusts and their trustees.
Publisher: LexisNexis
RM 573.30
Published: 01 July, 2020
ISBN/ISSN: 9780409351583
Publisher: LexisNexis

Product description

As economic entities, commercial trusts are just as transactionally active as companies. Despite their similarities, however, it is not always appreciated just how different they are from companies, and how little protection the law offers to those who transact with them. Transacting parties are vulnerable to a range of risks when dealing with a trust and trustee. Unlike other textbooks and casebooks on trusts, Transacting with Trusts and Trustees deals with these practical issues in an applied way. Features Discusses current practice for legal opinions in the Australian market and offers suggestions for the wording of opinions, assumptions and qualifications involving trustees and trusts, with explanations for each Includes detailed checklists Related Titles Agardy, Trading Trusts Explained Heydon & Leeming, Jacobs’ Law of Trusts in Australia, 8th edition

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Table of contents

Ch 1 The trust as a transacting entity

Ch 2 What concerns trustees when they transact

Ch 3 Trustee limitation of liability clauses

Ch 4 Directors of trustees: duties and liabilities

Ch 5 Risks when transacting with trustees

Ch 6 Pre-transaction due diligence

Ch 7 Contractual protections

Ch 8 Legal opinions

Ch 9 Post-transaction events

Ch 10 Trusts and insolvency

Appendix 1 — Trustee Limitation of Liability Clause

Appendix 2 — Trust Checklist

Appendix 3 — Contractual Protections

Appendix 4 — Legal Opinions