What is a foreign trust?—pt 2A
17C What is a foreign trust?—pt 2A
In this part, a trust is a foreign trust if—
for a trust with fixed beneficial interests—taking their interests together, a beneficial interest of 50% or more of the capital of the trust estate is held by—
1 or more foreign people; or
an associated person of the foreign person; or
for a discretionary trust—a foreign person is named in the trust deed who, under the terms of the trust, takes the capital of the trust estate if—
there is an exercise of a power or discretion in favour of the person; or
a power or discretion is not exercised.
In this section:
discretionary trust—see the Duties Act 1999, dictionary.
This Act’s bill:Explanatory statementSecond reading speech
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