For more information, please refer to the instructions below:
Depending on the rules of the underlying Trust Deed of the Trust, a unit holder may transfer units to another unitholder or third party with the trustee’s consent. This is normally based on the provision that the units have first been offered to other unitholders. How the value of the units is set will also be based on the Trust Deed.
A Unitholder may, with the written approval of the Trustee (which may be refused without giving any reason), Transfer all or any of their Units by an instrument:
(a) In writing in the form approved by the Trustee.
(b) That is duly stamped if required by law.
(c) Accompanied by the unit certificate (if any) relating to the units to be transferred; and
(d) Signed by the Seller and the buyer.
To start this process, you will need to click on ‘Transfer of Units’ under the 'Unitholders' heading.
You will then be redirected to the relevant webform, which is pre-filled with relevant data that has been added or imported into the Trust profile. You will need to complete data that has not been pre-filled. The data fields are highlighted in pink. You cannot submit the webform until all relevant data fields are completed.
On the first page of the webform, you will be asked for the clause number in relation to pre-emption rights. A pre-emption right or first option to buy is a contractual right to acquire - ie: to buy units in the Trust before it can be offered to any other person or entity. If the seller of the units wishes to sell to one unitholder over others or to a third party, the remaining unitholders can waiver their rights of pre-emption. A waiver of pre-emption document will then be produced as part of the transfer of units documentation.
In relation to the seller (transferor) details, you will be asked for the following details:
- Allotment: a dropdown will appear on the current unitholders and allotments in relation to each unitholder.
- State the number of units that are to be transferred.
- Consideration paid. The amount to be received in relation to the transfer.
In relation to the buyer (transferee), you will be prompted for the following details:
- Name: a dropdown will appear listing the current unitholders as well as ‘new unitholder’. If ‘new unitholder’ is chosen, you will be prompted to complete details.
- Class: if there is only one class held by the unitholder, the unit class will automatically default, otherwise you will need to choose one.
- Number: if the number does not match to the number to be transferred as disclosed in the Transferor details, it will be highlighted in pink as a prompt to reconcile.
An estimate screen will then appear outlining the updated position of the unitholding across current and new unitholders.
You can then either ‘save and complete later’ if you are needing to verify the information or alternatively you can move through to ‘submitting’ the information in the webform to complete the relevant documentation.
If you are continuing on, you will then be prompted about how you wish the unit certificates to be reconciled ie:
- Consolidate unit holdings and cancel existing Certificates or
- Create separate Certificates for newly received unit holdings.
After submitting the details, the relevant documentation will appear on the ‘collaboration page’ ie:
- Transfer of Units. This document will include the following:
- 'Director / Trustee resolution' document - signed by Trustees.
- Unit Transfer.
- Unit Certificate(s).
- Waiver of rights of pre-emption.
- Register of Unitholders.
- Standard Transfer Forms.
Once the ‘Transfer of Units’ documents have been signed by the client, you will need to either change the status on the collaboration page (‘Paper signing’ option) or on the Trust Profile (Mark as Signed’ options).
In changing the status to signed, the following areas of the Trust Profile will then reflect the change of unitholders and issue of units:
Timeline is a visual representation of documentations produced on the Trust Register that have been manually uploaded. It is displayed by date order. By clicking on any of the PDF documents you are able to view, download or print, as required.
The units register will be updated to reflect the:
- Transfer of units between transferor and transferee.
- Unitholders and details of the unit holdings.
- Unit transactions.
Main Trust Profile:
The main Trust profile will also be automatically updated to reflect the change in unitholders and unit holdings.