Appendix B Searches

rot 28
page 2
he~

¢- if the company has only 1 director, that director.

4 The Discretionary Trust Deed will include execution clauses which are determined
according to your answers to certain questions on the Cleardocs site.

5 If you are uncertain about the requirements for executing legal documents, then please
see our FAQ on this on www.cleardocs.com. Follow the links to ‘Resources’, then
‘Frequently asked legal questions’, then ‘signing and witnessing documents’. If the FAQ
does not resolve your queries, then call the Cleardocs helpline on 1300 307 343 and
Cleardocs will put you in touch with a lawyer from Maddocks.

Settlor to pay

6 The settlor must pay the settled sum as specified in the Discretionary Trust deed to the
trustee and the trustee must issue the settlor a receipt for the sum paid.

Pay stamp duty

7 The originat and all counterparts of the Discretionary Trust deed should be lodged for

, assessment of stamp duty with the revenue office of the State or Tefritory in which the
Discretionary Trust was established. If the trust is established in Tasmania it must be
self-assessed for stamp duty and lodged with the Tasmanian State Revenue Office if the
trust holds no dutiable property, or sent to the Tasmanian State Revenue Office for :
assessment if the trust does hold dutiable property. The applicableamount of stamp duty
must be paid. The amount varies according to the State or Territory. ,

Copies of the Discretionary Trust deed

8 The trustee should keep the original executed version of the Discretionary Trust deed.

Apply for an Australian Business Number (known as an 'ABN')

9 An application must be made to the Australian Taxation Office for an Australian Business
Number. ,

Trustee to comply with its responsibilities

10 At all times, the trustee is to make sure that it carries out its duties in relation to the Trust
in accordance with the provisions of the Discretionary Trust deed. In this regard, the
trustee should ensure that it reviews and is familiar with the terms of the Discretionary
Trust deed.

Any questions?

\f you have any questions:

about your documents or about establishing your Discretionary Trust, please contact your
accountant or Brereton Kay on 0424509401: or

about fegal issues, contact the law firm Maddocks on (03) 9288 0555 and ask for the Cleardocs
helpline. :

All the legal information contained in this document is provided by our lawyers at Maddocks.