I received an odd letter from Network Services / ACP Magazines a couple of weeks ago requesting that I provide them with a copy of the trust deed to my family trust. The letter said that this was required because of proposed Personal Property Securities Register legislation set to come into effect later this year.
I sought financial and legal advice and have been told that there is no basis within the proposed Personal Property Securities Register legislation for Network / ACP to required that I provide the trust document. The Director of the trading entity, the trustee of the trust, is responsible. On the ACP contract and other documents this responsibility is well established. Further in the email stream, after I had put the advice I had received to Network / ACP, they responded that I had to provide it under the terms of my agreement with them, citing clause 8.3. Clause 8.3 says:
(a) On request, Agent must provide ACP with all financial and other information necessary for ACP to determine Agent’s creditworthiness.
I have been advised that providing the trust deed does not go to the creditworthiness of the trustee company which is the trading entity, the entity bearing responsibility for any trading debt to ACP / Network.
There has been no change to creditworthiness of the trading company, no reason for Network / ACP to now, following years of trading, seek a copy of the trust deed.
If I do not provide the original trust deed by May 20, 2011, the person with whom I am dealing at Network / ACP has made it clear that they will stop supply to the newsagency concerned. This business turns over around $450,000 a year in magazines. That they would kill magazine supply to this business because I do not provide a copy of a thirty year old and, I contend, irrelevant document astounds me.
I would be curious to find out if other newsagents with a trust structure have received this letter.
If Network / ACP can show me where the proposed legislation requires me to provide the requested information I would gladly, as I have explained.