10 Benefits Of A Discretionary Trust Running A Business

Trusts have been around for centuries, and commercial law embraces them as a legitimate means to operate a business. Whilst there are many types of trusts, the one type that you are most likely to see used for businesses is a discretionary trust.

A discretionary trust operates on the basis that it has discretionary beneficiaries. These are the individuals and companies that may receive capital and income from the trust at the discretion of the trustee. Discretionary trusts have several benefits within the realms of running businesses, and here are ten of the most important.

Flexibility: One of the most cited reasons for using a discretionary trust to run a business is its flexibility. Trust deeds can now be amended to add or remove beneficiaries without any implications for stamp duty. It also allows the trustee to amend the trust deed to take account of new tax legislation and other laws, such as commercial law.

Tax Streaming: This is the legitimate practice of the trustee deciding each tax year, who to distribute the trust’s taxable income to. By streaming income proportionately to specific beneficiaries, especially those in lower tax brackets, and those who have had a capital loss, it reduces the amount of tax paid by the trustees across the board.

What Are The Rights of Minority Shareholders?

You might imagine that under commercial law the majority shareholder holds all the power and that what they say goes. This is true to an extent, however, minority shareholders do have rights and commercial law has clear guidelines as to how those rights must be honoured.

A minority shareholder is someone or an institution that holds less than 50% of the shares of a company. In normal circumstances, this means that, regardless of the views, opinions or wishes of minority shareholders, if the majority who hold over 50% individually or collectively, take the opposite view, then the majority’s view will prevail.

Whilst it is always advisable that you speak to a professional financial advisor before entering into an arrangment like this, it is a simple principle to understand and is nothing sinister, as in many walks of life the majority view prevails. In all kinds of organisations, including governments,  50% +1 is enough to carry any vote. Within companies, this is the same, but that does not mean minority shareholders do not have rights and obligations akin to those of majority shareholders, as we will now explain.

Minority Shareholders Rights

Many of the rights that majority shareholders have also belong to minority shareholders. The fact that someone has a 10% share in the company versus someone with a 55% share, might mean that they do not always win votes when they are taken, but it still affords equal rights in many aspects of how a company operates.