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StatuteBankruptcy Act 1966

Section 5E — Bankruptcy Act 1966: Associated entities: trusts

Text of the provision Official document

For the purposes of this Act, a trust is associated with a person if, and only if, the person: (a) is the settlor, or one of the settlors, of the trust; (b) has power under the terms of the trust to appoint or remove a trustee of the trust or to vary, or cause to be varied, any of the terms of the trust; (c) is a trustee of the trust; (d) is able to control, or to influence materially, the activities of the trustee of the trust; (e) if a trustee of the trust is a company—is a company officer of the company or otherwise is concerned, or takes part, in the company’s management; (f) is capable of benefiting under the trust; (g) is a creditor of the trustee of the trust; (h) is employed, or is engaged under a contract for services, by the trustee of the trust; (j) acts as agent for the trustee of the trust in any transaction or dealing; or (k) gives professional advice to the trustee of the trust.

Official source: Federal Register of Legislation

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Statutory text from an official public source. Informational content — does not replace advice from a qualified legal practitioner.