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ARTICLE · 24 MAY 2023

It Depends – Do I need a unitholder agreement?

Cooper Grace Ward
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Transcript & link to video discussing what a unitholder agreement is and whether you need to have one.

AustraliaCorporate/Commercial Law

In this edition of 'It depends', partner Clinton Jackson talks about what a unitholder agreement is and whether you need to have one.

Video transcript

Welcome to this edition of It Depends. Today we're talking about whether you need to have a unitholders agreement.

What is a unitholders agreement?

A unitholders agreement is a governing document that sets out the rules that operate between the unitholders of a unit trust and the actual operations of that unit trust.

How is a unitholders agreement different to the trust deed?

The trust deed for a unit trust often sets out the main rules for the operation of that trust. However, most unit trust deeds are fairly generic and only deal with the key high-level issues for that unit trust. A unitholders agreement on the other hand, is much more comprehensive and deals with interactions between unitholders, in relation to that unit trust.

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This publication is for information only and is not legal advice. You should obtain advice that is specific to your circumstances and not rely on this publication as legal advice. If there are any issues you would like us to advise you on arising from this publication, please contact Cooper Grace Ward Lawyers.

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