Trustees must be the applicants for trusts

Trustees must be the applicants for trusts

When applying for a licence on behalf of a trust, the applicant must be a natural person or an organisation, not the trust.

This is because a trust is a relationship, not a legal entity, and cannot be an applicant for a licence or a licensee, if the application is successful.

Here are scenarios of individuals and corporations acting as trustees and applying for a licence.

Individuals as trustees: Jennifer Smith as Trustee for the Smith Family Trust

• The Smith Family Trust wishes to carry on a business as a Licensed Labour Hire Provider in the aged care sector. The Smith Family Trust has one trustee being Jennifer Smith.
• For the trust to gain a licence, Jennifer Smith in her capacity as trustee of the trust must complete an application for a licence.

Corporations as trustees: ABC Pty Ltd as Trustee for the ABC trading trust.

• ABC Pty Ltd is a company incorporated through ASIC and is the trustee for the ABC trading trust which is engaged in providing labour hire services to the fruit growing industry.

For the trust to gain a licence, ABC Pty Ltd as trustee of the trust must complete an application for a licence.