Company, Trust,
Super Fund Setup
& Business Structures

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Company, Trust,
Super Fund Setup
& Business Structures

When establishing a business structure in Australia, other than a sole Trader or Partnership entity, there are  two common options are available which are essentially either setting up a company or setting up a trust. Each structure serves different purposes and comes with its own setup requirements, benefits, and potential drawbacks. The right choice depends on your business goals, risk profile, and long-term plans.

There are a number of different types of Trusts, so it is very important that you discuss your requirements and intentions with us first to the right advice to suit your circumstances.

If you are thinking about either of these then you should book an appointment to discuss the pros and cons of each.

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Pros & Cons of a
Company Structure

A Company is a separate legal entity, governed by the Corporations Act 2001, and is registered with ASIC (Australian Securities and Investments Commission). 

Some advantages:

Limited liability for shareholders. 
More professional business image.
Profit can be retained and carried forward.
Easier to raise capital or bring in new investors.
Corporate tax rate is generally lower than individual rates.
A company can continue to exist even if ownership changes. 

Some disadvantages:

Higher setup and ongoing compliance costs.
Directors have legal duties and potential liabilities.
More complex reporting and record-keeping requirements.
Shareholders may dilute an owner’s decision-making power.

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Pros & Cons of
a Trust Structure

A Trust is a structure where a trustee holds and manages assets on behalf of beneficiaries. Commonly used types include Discretionary Trusts (family trusts), Unit Trusts (fixed & non-fixed) and in somes situations Hybrid Trusts.

Some advantages:

Potential tax planning advantages for families.
Asset protection, depending on structure and use.
May reduce exposure to business or personal risks.
Income distribution flexibility with discretionary trusts.

Some disadvantages:

More complex setup and administration.
Trusts must operate according to the Trust Deed.
Trustees have responsibilities and can be personally liable.
Income retained in a trust is taxed at the top marginal rate.
Less attractive to investors/lenders compared to companies.

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Acting as ASIC Agent &
Corporate Secretarial Services

As your ASIC Agent you would be authorising Oracle Accounting & Wealth to act on behalf of your company in its dealings with the Australian Securities and Investments Commission (ASIC). In so doing Oracle Accounting & Wealth would manage Corporate Compliance on your behalf. Some tasks we can look after for you are as follows:

Ensure details are up-to-date with ASIC.
Act as the main point of contact for ASIC.
Prepare and lodge forms with ASIC on your behalf.
Keep track of key dates (e.g. annual review due dates).
Guidage with obligations under the Corporations Act.

Acting as your ASIC Agent is a valuable service to help ensure you meet your legal obligations efficiently and accurately.

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