Adding a trust as a company shareholder involves a specific process where the trustee, rather than the trust itself, is added to the company's register of members. If the trustee is an individual, their personal details must be recorded, and it should be indicated that the shares are held on behalf of the trust.
In the case where the trustee is an organisation, the company's ASIC registered name and Australian Company Number (ACN) are required. It's important to note that the trust's name is not included in the company's formal documentation but is acknowledged in the background. This process ensures that the legal entity—the trustee—is recognised for administrative and legal purposes, while the trust benefits from the shares.
You cannot add a trust directly into a company, you must add the trustee itself and only a Namecorp representative can do this for you after completing your application.
If the Trustee is an Individual
- Under the ‘Company Entities’ section, select ‘Add an Individual’
- Complete the individual’s personal details, including their first name and surname
- Tick the shareholder box (and any others that apply)
- At the bottom of the page you will be asked, ‘Will these shares be held on behalf of another trust, individual or organisation?’ Select ‘yes’.
- Type the name of the trust into the pop-up box (i.e. The Smith Family Trust)
If the Trustee is an Organisation
- Under the ‘Company Entities’ section, select ‘Add an Organisation/Company Trustee’
- Enter the Company’s ASIC registered name and Australian Company Number (ACN) i.e. Giants Pty Ltd NOT Giants Pty Ltd ATF The Smith Family Trust
- At the bottom of the page you will be asked, ‘Will these shares be held on behalf of another trust, individual or organisation?’ Select ‘Yes’.
- At this point you can type the name of the trust into the box that appears (i.e. The Smith Family Trust)
You may also be required to provide us with a copy of your trust schedule to lodge with ASIC as proof of the existence of the trust.
For detailed guidance and to ensure compliance with the Australian Securities and Investments Commission (ASIC) regulations, it's advisable to consult with Namecorp’s Support and Compliance Team either by phone on 1300 006 263 or via email at support@namecorp.com.au, they’re always there to help you through every aspect of your business journey.