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Does a trust that owns shares in a corporation create an individual with significant control?

TSL Written by the Treadstone Law team· Updated August 2026

It can, but a trust itself, like a corporation, can't be recorded as an individual with significant control — only a natural person can hold that status under the Business Corporations Act's transparency register rules. Where a trust holds shares meeting the relevant threshold, the analysis has to look through the trust to identify which individual or individuals connected to it actually have the relevant level of ownership, control, or influence, which can depend on the trust's specific terms and who holds particular powers under it.

Depending on how the trust is structured, this might point to a trustee who controls how the shares are voted, a beneficiary with a sufficiently fixed and significant entitlement to the trust's property, or in some cases both, rather than a single obvious answer. Discretionary trusts, where beneficiaries don't have a fixed entitlement and a trustee holds broad decision-making power, tend to raise particularly nuanced questions about who actually qualifies.

Because trust ownership structures vary so much and the right answer depends closely on the trust's actual terms, this is an area where getting professional advice specific to the trust in question is genuinely worthwhile rather than guessing.

Key takeaways

  • A trust itself cannot be an ISC; only an individual connected to it can qualify.
  • The analysis looks through the trust to trustees, beneficiaries, or both, depending on its terms.
  • Discretionary trusts raise particularly nuanced questions about who holds the relevant control.
  • Get advice specific to the trust's actual terms rather than assuming a standard answer applies.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone corporate lawyer can help.
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