Legal Services Policy

Important information relating to this Policy

Acis Legal is a Queensland incorporated legal practice within the Acis group.

Acis Legal has a single client, being Acis.

Only an Australian qualified legal practitioner is authorised to prepare legal documents. Acis Legal supplies legal documents to Acis to assist Acis in providing the Services you request, whether through the Website, the Platform or in another way. Acis Legal does not provide legal documents or legal services to you.

Acis Legal is engaged by Acis to:

Acis Legal:

Policy Operative

What is General Advice?

When used in this Policy, general advice means, without limitation, advice relating to:

Services Requested

Acis receives orders for Services from you.

If you are a professional adviser, Acis takes instructions from you after you have taken instructions from your client and you have made decisions about what is appropriate for their interests and specific requirements.  In these cases, only you can make decisions about what is most appropriate for your client and their circumstances. You have the relationship, history and client background.  You provide advice and direct your client about what is the most appropriate course of action for their specific needs and desired outcomes. Acis has no engagement or interaction with your client.

If you are not a professional adviser, Acis receives orders and takes instructions from you after you have made decisions about what is appropriate for your interests and specific requirements.  Only you can make decisions about what is most appropriate for you and your circumstances. You have your own history and background.  You should seek advice from a professional adviser who can direct you about what is the most appropriate course of action for your specific needs and desired outcomes.

Agreement

When you have contact with Acis, whether or not you have requested us to provide Services, you agree to the terms of this Policy and that:

Examples of general advice

For the avoidance of doubt and so as to clarify what is meant by the expression general advice, we provide the following examples:

Enquiry

My client wants to start a new business or acquire property. Should they use a company or a trust?

Response

Neither Acis nor Acis Legal will advise you on the proposed structure of a new venture or acquisition. However, Acis and/or or Acis Legal, may provide general guidance on the pros and cons of one structure over another. This would be general advice. A choice of structure is yours alone.

Enquiry

A trust deed is more than 15 years old. I know there have been many changes in practice, legislation and/or case law that mean the deed may be out of date. Can you review the deed and recommend what changes need to be made to it?

Response

Acis and/or Acis Legal may make general observations relevant to a trust deed, taking into account legislative changes and Court and tribunal decisions. This would be general advice.

Any subsequent amendment to the deed will not take into account your or your client’s specific requirements and circumstances. Acis and/or Acis Legal may make suggestions to you about the general operation of a trust deed. This would be general advice. Neither Acis nor Acis Legal will recommend any specific course of action. A choice of any course of action is yours alone.

Enquiry

Why would I appoint a corporate trustee rather than an individual trustee?

Response

Acis and/or Acis Legal may provide general guidance on why a corporate or individual trustee may be preferred. This would be general advice.  Neither Acis nor Acis Legal will recommend a preferred choice of action in any specific situation. This choice is yours.

Enquiry

Who should I appoint as the Appointor/Principal of a trust?

Response

Acis and Acis Legal may provide general guidance on why a person should or should not be appointed as an Appointor/Principal. This would be general advice. Neither Acis nor Acis Legal will recommend a preferred choice of action in any specific situation. The choice of Appointor/Principal is yours.

Information

While all reasonable efforts will be made by Acis to ensure accuracy, we rely on you to provide accurate information in relation to Services requested by you. Where you have provided information, you agree and acknowledge that:

Definitions

Acis Legal means Acis Legal Pty Ltd ACN 634 098 543.

Acis, we, us and our means Acis Pty Ltd ACN 131 906 851 and its associated companies, employees, contractors, agents, officers, and advisers.

You (whether capitalised or not) means:

and Your (whether capitalised or not) has a corresponding meaning.

Words used in this Policy have the same meaning when used in Acis’ Terms and Conditions unless otherwise defined.

This Policy must be read in conjunction with, and forms part of, Acis’ Terms and Conditions.

General overview for professional Advisers

The table below outlines a number of common activities that may be undertaken where a person (the “client”) engages a professional adviser (the “Adviser”) and the Adviser engages Acis to provide a Service.  It also identifies the party who is responsible/on risk in relation to each activity. It is not intended as an exhaustive list.

Party Responsible/On Risk: Adviser

Where the Adviser is the party responsible/on risk, the Adviser should determine if their professional indemnity insurance cover will insure against the risk.  Any information provided by Acis to the Adviser in relation to these activities is general advice.

Party Responsible/On Risk: Acis

Where Acis is the party responsible/on risk, Acis accepts the risk of arranging for the completion of legal documents in accordance with the Adviser’s instructions. Acis does not accept any risk where the Adviser’s instructions are incorrect or incomplete.  Advisers should determine if their PI Cover will insure against other risk.  Any information provided by Acis to the Adviser in relation to these activities is general advice.

Activity Party Responsible/On Risk
Acis Adviser
Taking instructions from, and identifying the requirements of, the client. cross icon tick icon
Deciding if a structure, or changes to a structure, is appropriate and effective to meet the client’s needs and providing advice to the client in relation to the structure, or changes to the structure, and the legal outcomes. cross icon tick icon
Providing specific advice to a client regarding the taxation and/or duty implications or outcomes relating to a structure and/or restructure and/or course of action. cross icon tick icon
Providing general advice, including but not limited to:
  • possible taxation or duty implications of a particular class of structure and/or restructure and/or course of action;
  • in relation to the legal documents selected by the Adviser;
  • in relation to legal documents specific to the client in response to the Adviser’s queries;
  • in relation to the content and application of laws;
  • in relation to the possible advantages and disadvantages of particular structures in certain circumstances e.g. starting a business and/or acquiring property;
  • why, generally, a corporate trustee may be preferred;
  • generally, whether or not a trust deed might be updated (without taking into account specific circumstances);
  • in relation to possible advantages and disadvantages as to who might be an appointor of a trust (without taking into account specific circumstances).
tick icon cross icon
Arranging for legal documents to be prepared, in accordance with the Adviser’s instructions, including but not limited to:
  • Trust deeds (e.g. discretionary, unit, hybrid);
  • superannuation trust deeds;
  • company constitutions;
  • agreements;
  • deeds to amend or vary trust deeds and superannuation deeds;
  • trust and company secretarial documentation.
tick icon cross icon