Deed Templates

A collection of all Deed Templates.  Download in word format.  Download, save and reuse as many times as you need.

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blank deed

All Deed Templates 

Blank Deed

This is a fully formatted Deed Template  with standard clauses and drafting notes. Drafting notes show you where to put your customised terms.

deed

Deed of Release on Termination of Employment

A Deed of Release on termination of employment is a general release on termination of employment due to redundancy. Employee acknowledges acceptance of terms of redundancy. Employee undertakes to: return all property, maintain confidentiality and acknowledges they have had the opportunity to consider the package and obtain independent legal advice.

2 pages long.

deed

Deed of Settlement with Consent Orders

This document is in the form of a Deed. For use in the settlement of court proceedings.

 

 

 

The agreement covers:

  • payment
  • time for payment
  • Filing consent orders
  • Mutual release
  • Costs

For use in situations where court proceedings have been commenced and are now resolved. 6 pages long.

Deed of Release

A Deed of Release is a comprehensive deed in which a debt has been owed, debt recovery commenced, then settlement reached.  The Deed of Release acknowledges the debt and sets out terms for repayment.  The parties release each other from all further proceedings regarding the debt provided it is paid.

  • GST liability
  • Bar to future actions
  • Admissions of liability
  • Confidentiality
  • Warranties by parties
  • Counterparts, execution
  • Costs
  • Severance
  • Variations
  • Further assurances

For use in situations where court proceedings have been commenced and are now resolved.

 6 pages long.

Deed of Acknowledgement of Debt

This Deed is set out in traditional deed format including provisions relating to:

  • Definitions
  • Interpretation
  • Bar to actions
  • No admission of liability
  • GST
  • Confidentiality
  • Warranties by parties
  • Counterparts, execution
  • Costs
  • Severance
  • Variations
  • Further assurances

 7 pages long.

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Borrowing money from a private company can have serious pitfalls if not done correctly. Directors and shareholders often borrow money from their companies. Care must be taken so that the ATO does not deem these loans to be dividends, and tax them accordingly.

Division 7A of the Income Tax Assessment Act 1936 requires such loans to be ‘arm’s length’. The rules are stringent and require a special type of loan agreement known as a Division 7A loan agreement.  

Division 7A of the Income Tax Assessment Act 1936 is aimed at preventing private companies from making tax-free distributions of profits to shareholders (or their associates) in the form of loans.  Unless the loan comes within specified exclusions in Division 7A it is treated as an assessable dividend and taxed as a dividend. 

The ATO has confirmed in final determination TD 2008/8 the formal requirements for a complying loan agreement for the purposes of Div. 7A.  Such loan agreements must be in writing and be agreed by the company and its borrower. It is now essential that each Div 7A loan agreement accurately records the loan terms in accordance with the ATO determination.  It is not acceptable to rely on parts of the company’s constitution that may provide rules for such loans.  

TD 2008/8 requires that the entire agreement between the parties must be in writing including:  

1)    the names of the parties;  
2)    the loan terms:

a)    the amount of the loan and the date the loan amount is drawn; 
b)    the requirement to repay the loan amount; 
c)     the period of the loan;
d)     the interest; 
e)     that the parties named have agreed to the terms; and  
f)     when the written agreement was made (the date it was signed).

For the purposes of the Act, an agreement that is partly oral and partly in writing is not an agreement in writing.  The author recommends that, in all cases, a formal loan agreement be prepared and signed by the company and the borrower to ensure that each Div 7A loan complies with the ATO’s requirements.

 

 

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