Getting your legal structure right is a fundamental first step in business and investment ownership. We are experienced and skilled in helping clients to balance the multitude of considerations that are different for every client. Read our Client Reviews and then call us to speak with an Adelaide commercial lawyer with specialist ownership structure experience on a no obligation basis.
Considerations relevant to choosing the right legal structure include:
Factors That Effect the Type of Structure
Factors that effect the type of legal ownership structure may include:
- How many investors are involved;
- Financing considerations;
- The need for flexibility to introduce further investors and for sale of the assets;
- The type of assets associated with the business or investment;
- The client’s other assets and other legal entities;
- Income tax, stamp duty, capital gains tax, payroll tax and land tax considerations;
- Asset protection and risk considerations; and
- Legislative requirements for some industry groups.
This could be as simple as changing the trustee via deed but further considerations are applicable from an estate planning perspective. Find out more
Types of Legal Structures
There are numerous legal ownership structures and combinations thereof but the most common include:
- Sole trader;
- Company;
- Partnership;
- Joint Ventures;
- Discretionary Trust;
- Unit Trust; and
- Superannuation Trust.
Common forms of ownership include:
- Sole traders or companies as trustees of family discretionary trusts;
- Companies as trustees of unit trusts with units owned by family discretionary or superannuation trusts; and
- Partnerships of trusts.
Read our Client Reviews and then talk to us about your legal ownership structure on a no obligation basis.
