Registration as a Trustee - Australian Government

Description

You will require this registration if you intend to have control of the administration of bankruptcies, personal insolvency agreements or debt agreements. This involves providing services such as:

  • selling property
  • notifying the bankrupt's creditors of the bankruptcy
  • investigating the disposition of property
  • determining the sums owing to creditors
  • holding creditors' meetings
  • reporting to creditors
  • distributing dividends to creditors
  • referring alleged offences under the legislation to the appropriate authority.

Trustees are required to comply with the specified Standards for Trustees.

Service type

Licence

A licence defines the need to obtain recognition / certification and registration to undertake a certain business activity.

Eligibility requirements

To be eligible for this registration you must:

  • complete a Form 10 - Application for registration as a trustee
  • have engaged in at least 4,000 hours of relevant employment at a senior level in the preceding five years
  • provide proof of qualifications
  • meet fit and proper requirements for personal insolvency practitioners
  • provide two referee reports attesting to your current knowledge and ability, dated no more than 3 months prior to the date of application
  • provide two referee reports attesting to you being a fit and proper person in business who displays honesty, integrity, diligence, judgment, and good character (the referees used may be the same as those attesting to current knowledge and ability)
  • offer a statement setting out your experience, knowledge, and abilities
  • provide a National Police Certificate issued by the Australian Federal Police, covering the 10 year-period prior to you making the application
  • have an overseas police check from any country where you have been a resident for at least one year in the last 10 years
  • demonstrate that if you are an employee, you will have independence and be free from influence from your employer in discharging your duties
  • pay the prescribed application fee.

Registered trustees are required to maintain the utmost professionalism, independence, impartiality, honesty and ethics in their dealings. They are considered officers of the Court and, in exercising powers and discretions and making decisions, no lesser standard is to be expected of them than of a Court or judge.

Trustees play a central role in the administration of estates and are under a general duty to exercise the powers in such a way that the objects of the Bankruptcy Act, including those of equality between creditors and fairness to bankrupts and debtors are served.

Registered trustees also have statutory duties set out in the Bankruptcy Act. They have a fundamental duty when administering an estate to carry out certain investigations and undertake certain tasks and functions as set out in section 19 of the Bankruptcy Act.

Trustees are also required to maintain proper accounts and records, have proper money-handling processes and assist when required with inquiries or investigations conducted by the Inspector-General.

Trustees must comply with the specified Standards for Trustees.

Ongoing eligibility requirements

The level of professional indemnity insurance to be taken out is expected to comply with the professional standards scheme of the national occupational association to which you (or your firm) belongs.

If you (or your firm) does not belong to a national occupational association then a level of insurance equivalent with either of the schemes of Chartered Accountants Australia and New Zealand or CPA Australia is considered adequate.

There is no expectation about the level of fidelity insurance except that it be adequate and appropriate for the your circumstances.

Duration

3 years

Expiry

After 3 years you will need to renew your registration

Fees

Fees Details for this service in table format.

Task Type Business Structure Amount Description
Apply Application All $2200.00

Application for registration. Fees for 2024-25

Apply Licence All $1300.00

Initial registration (3 years). Fees for 2024-25

Renew Renewal All $1700.00

Fees for 2024-25

Forms

Act(s) name

Bankruptcy Act 1966 Australian Government

Approval time

The committee is required to make a decision within 45 business days after interviewing you

Administering agency

Australian Financial Security Authority

Contact details

Contact Email, Phone and Address Details for this service in simple two column table format, header then data.