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Should I set up my business as a unit trust or a discretionary trust?

I'm starting up a project that involves the development of land to build several townhouses which I intend to sell. There are multiple investors. Some of them are family and some are independent third parties. Should I use a discretionary or unit trust?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 06-12-2015
1 Lawyer Answered
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  1. Trusts
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by LegalEagle™ staff, Melbourne 3000 VIC

  • Unit trusts are often the most appropriate for property development projects where the parties are largely unrelated.
  • Generally third party investors will need assurance that they are entitled to a set share of the investment profits. A discretionary trust will not meet their concerns.
  • When mixing family interests with business investment you may prefer to use a family trust as one or more of the unit holders. This will provide you with the best of both structures.  

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