Adviser Facilitated Entity Establishment
aka EEAASY - Entity Establishment as a Service (for) You
For the first time advisers have the ability to access the establishment of legal entities for their customers without compromise.
Advisers can now be assured that they have:
- Access to the highest quality legal solutions;
- The protection of insurance cover for provision of legal templates;
- Monthly pricing that rewards loyalty;
- Access to the lawyers behind the documents.
For a monthly membership, that can be tailored to your firm, you get guaranteed access to an array of core legal templates that can provide the foundation to the business services you provide to your customers.
Critically, not only are the templates themselves signed off by View Legal, every single entity established is reviewed by a qualified lawyer, to ensure that the legal documentation produced is accurate based on what we have been specifically told.
This platform allows you to avoid all of the problems created by virtually every template provider that leaves you with an uninsurable risk of providing legal advice as a unqualified lawyer every time you help a customer establish an entity.
How it works
Choose one of the four access levels
Choose one of the three additional Adviser support memberships (minimum of TechniVIEW membership)
Contact us to arrange a convenient time for one of our specialist to speak with you
STEP 1 – ACCESS LEVELS
There are four access levels, namely:
- The pricing for each of the access levels is also tailored to your firm. All pricing is by way of a monthly membership.
- The products currently available are across three main areas of entity establishment, namely, trusts, companies, and SMSFs.
- The product range is regularly reviewed and iterated based on member feedback, legislative change and court decisions.
- Documents are provided by email only.
- For companies, the ASIC fee and our agents fee are to be paid directly by the EEAASY member for each company registration request. There is provision for credit card details to be inserted in the instruction form for this.
Comparison of Legal Document Providers
|Approach||Who is at risk if something goes wrong?|
|Non-legal firm providing templates not drafted by a lawyer||User (i.e. customer), no accountant involved|
|Non-legal firm providing templates drafted by a non-specialist lawyer||User (i.e. accountant, financial planner, professional adviser) providing legal docs|
|Non-legal firm providing templates drafted by a specialist firm||User (i.e. accountant, financial planner, professional adviser) providing legal docs|
|Legal firm provides templates and they draft & review in light of instructions||Law firm (limited to ensuring template reflects submitted instructions)|
Accountant at risk for advice on structure chosen
|Legal firm providing templates they draft and review in light of entire review of situation||Law firm|
STEP 2 – ADVISER SUPPORT
In addition to ensuring you have a legal sign off and legal compliance certificate on every entity established, you may also choose to have View support your business each and every month. Again, this ongoing legal support is provided via a monthly membership.
There are three ways you can access this additional support from the View team, namely:
In relation to in-house counsel, there are four membership levels, namely:
To help your firm maximise its investment for the in-house counsel, a private cloud-based portal can be established to centralise all guidance provided for easy future access by your team.
STEP 3 – CONTACT US
Why View's adviser facilitated entity establishment via monthly membership is not for you
|Not for you||Could be for you|
|You have insurance protection to provide legal documents and templates, even though you are not a lawyer.||You are concerned that essentially all legal template providers conveniently ignore the fact that you are carrying an uninsurable risk and potentially breaching professional standards by using their platforms to create legal documents.|
|You believe all legal template documents are essentially the same and feel nothing can really go wrong no matter how poorly the underlying template may be crafted.||You want to access the highest quality legal templates for your customers crafted by highly specialised lawyers who sign off on each and every use of the template by your firm.|
|You want to pay for each product on a case-by-case basis.||You know monthly membership arrangements align everyone’s interests and do not penalise you for regularly accessing and utilising the platform.|
|Committing to a minimum 12 month subscription, with the ecosystem designed to make switching costs significant, makes sense to you.||A monthly membership cancellable at any time, with no hidden switching costs is the more appropriate approach for your business.|
|You believe ‘legally backed’ providers are offering a solution that will stop you from getting sued.||offering a solution that will stop you from getting sued. You have read the fine print and know that ‘legally backed’ essentially is designed to protect the template provider – and shift all risk to you and your firm. In other words, real friends don’t let friends perform unlicensed and uninsured legal work.|
|You believe ‘legally backed’ providers are offering a solution that will stop you from getting sued.||You have read the fine print and know that ‘legally backed’ essentially is designed to protect the template provider – and shift all risk to you and your firm. In other words, real friends don’t let friends perform unlicensed and uninsured legal work.|
|Complying with current laws should only be done where it is convenient. As one example therefore, you allow your customers to digitally sign all legal documents.||You may dislike it, but you understand that the law is very clear on many requirements for the establishment of even the simplest entity. As one simple example, digital signatures are rarely able to be used in entity establishments if you are wanting the entity to be legally valid. You want your provider to know and understand the law and help you and your customers comply with it.|
|You are relaxed that when it becomes ‘all about the tech’, the legal niceties often become someone else’s problem.||You are concerned that while tech should always be an enabler, it should not be used to enable the prospect of class actions against your firm due to underlying errors in the templates caused by deficient technology builds.|
|You do not want to use View for all of your entity establishments.||All good – there is a complete dedication to your ongoing and absolute discretion to deliver solutions in the way that best serves your business.|
|You do not want to use View for any entity establishments.||Again – all good – see above line item.|
|You believe online communities should be free.||Community members know that anything of substance that is ‘free’ either means you’re the product, or taxes you in other ways (eg perpetual sales pitches or little accountability for delivery of content). Here, there are no sales and a passionate focus on sharing high value insights.|
|All you care about is the price point.||While the pricing must be fair, you are also interested to ensure you get value, quality, service and shifting of legal risk to the template provider; not you and your firm.|
|You want a provider that offers, as one example ‘’50% off for the first 12 months if you sign up today’’.||You prefer providers that offer no discounts – knowing that the discounts actually penalise the existing members.|
Frequently Asked Questions
There are three steps to achieving accreditation:
- Complete the accreditation exam within 30 days of joining the platform.
- Complete at least five hours of self assessed continuing entity establishment education with View Legal every 12 months (attending customer online meetings, View webinars, listening to free View legal podcasts and TechniVIEW Facebook lives all count towards the five hours).
- Join the TechniVIEW community (in the ‘Friend’, ‘BFF’, or ‘Family’ categories) here;
All three steps must be satisfied for accreditation.
For other FAQs about accreditation click here.
Not currently. We will consider it in the future, however, at this stage, our model is designed to create a supportive community and a relationship that your firm and you invest in. This is best achieved by the monthly membership model.
In addition to the three monthly membership options for ongoing legal support, yes, we also offer a pay-as-you-go solution. This can be particularly helpful for more complex situations that may only arise periodically in your customer base.
Unused entity set ups are rolled over to the next month (but no further). If there are 3 months of under use we recommend thought be given to a different service level.
The overuse of entity set ups are rolled over to the next month (but no further). If there are 3 months of over use we recommend though be given to a different service level.
Instructions can be submitted using the instruction sheets or via a link to an online instruction form. Navigate to the EEAASY website and select the product of choice – if a link is available for that product, you will be prompted to email a request to View for that link. If no link is available, a Word instruction sheet will download for you to complete.
Arguably, the leading case in this area is Legal Practice Board v Computer Accounting and Tax Pty Ltd  WASC184.
In this particular case, an accountant arranged for a trust deed to be bought for a client over the internet. The base trust instrument had been written by lawyers however, the accountant then populated the template.
In doing so, the court held that practically this meant that the accounting firm was breaching the relevant legislation.
In all likelihood, the accountant (and indeed any adviser, other than a qualified lawyer) would not be covered by their professional indemnity insurance in relation to any issues that arose out of the trust instrument.
Despite the proliferation of online providers, the decision in this case remains a very important one for any adviser facilitating legal solutions.
In many respects, it reinforces the approach adopted by View who, while leveraging significantly off technology driven solutions, still ensure that all documentation is reviewed by a fully qualified, specialist lawyer, and where relevant, a certificate of compliance is provided confirming that all legal advice has been provided by View, and not the facilitating adviser.
Yes, View does understand this and will respect and accept your decision and will close access to the key View resources and your account.
Non-accredited advisers wanting View to assist with entity establishment can still lodge free review submissions.
View can assist in these instances in a more traditional way of providing a suggested scope of work and upfront service guaranteed fixed pricing without the referring adviser facilitating the process.
When you request to join the platform a link will be sent to you via email within 24 business hours. Please check your junk mail if you don’t see it in your inbox.
Otherwise, please email [email protected]
There are three steps to achieving accreditation:
1. Complete the accreditation exam within 30 days of joining the platform.
2. Complete at least five hours of self assessed continuing entity establishment education with View Legal every 12 months (attending customer online meetings, View webinars, listening to free View legal podcasts and techniVIEW Facebook lives all count towards the five hours).
3. Join the techniVIEW community (in the ‘Friend’, ‘BFF’, or ‘Family’ categories) here;
All three steps must be satisfied for accreditation.
The benefits of accreditation include:
1. membership of a closed community of advisers passionate about delivering adviser facilitated entity establishment solutions for their customers;
2. ongoing regular adviser centric continuing education;
3. ongoing discussion and knowledge sharing with like-minded advisers.
Yes. Although we do recommend you consider completing the entity establishment accreditation exam.
Each adviser who is submitting instructions on behalf of a customer must use their own accreditation number.
Where an adviser has another team member submitting instructions, that team member may use the accreditation number of the adviser that they are working with, without themselves being accredited.
As an accredited adviser with View’s facilitated entity establishment platform, your customers will be assured of the level of commitment and specialisation you have in providing value in the entity establishment space.
The position in relation to digital signatures is as follows:
1. There are material issues with the validity of deeds signed electronically in all jurisdictions other than NSW (and in NSW before 22 November 2018).
2. If a transaction must be carried out by deed then DocuSign and similar platforms should not at this stage be used unless the law of the jurisdiction explicitly states that a deed can be in electronic form and signed and attested (if required) by electronic signature.
3. Currently, the only jurisdiction that allows this is NSW – assuming all parties are individuals and all parties and the witnesses are physically in the same place at the point of signing.
4. There is a material argument that a corporation cannot execute under s.127 of the Corporations Act through an electronic signature (even in NSW).
5. Even with the November 2018 change in NSW, institutions (eg banks) and law firms have continued to refuse to accept the validity of electronic signatures.
6. Until the various issues are clarified by clear and authoritative Court decisions and legislation, wet signatures are recommended on all deeds.
7. Change will come; however the sense is it will be later, not sooner.
8. Covid19 has seen some temporary concessions in this area, however generally the rules are difficult to satisfy and wherever possible the conservative approach remains ensuring wet signatures are used.
View Legal provides the legal advice when issuing the legal documentation
Via the View Legal platform, the adviser who facilitates the process is issued a compliance driven certificate.
No comparative providers offer this protection.
While many legal template document providers state their documents are ‘legally backed’, this simply means a lawyer drafted the template.
Provision of the completed template to a customer is a risk that you and your firm carries every time you use these style of platforms.
Example exclusion wording is as follows (for clarity, View does the opposite to the approach below and gives you a legal sign off on the documents issued for your customer):
By using our service agree that:
- we cannot, and do not, give you legal advice;
- the company that owns and operates this service is not a law firm;
- our service provides information to help you answer the questions and to order a product and that that information is information only, not advice;
- we cannot and do not warrant that a product you decide to order is appropriate or suits your needs;
- we cannot and do not warrant that your use of our service is appropriate or suits your needs;
- the legal, commercial and taxation effects of a product vary and a product’s suitability will, therefore, vary according to particular circumstances;
- only you know the purpose for which you intend to apply a product you order and that we are not responsible for the choice you make regarding the same;
- you must consult a lawyer for advice concerning the suitability of a product you order using our service;
- the documents you buy from us and the material on our website is only general; they are not prepared by us and we do not endorse them, rather we disclaim any responsibility for them;
Many providers also have statements along the following lines:
- You agree that if we are prohibited by law from excluding all implied warranties and conditions, then our liability will be limited to, at our option:
(a) replacing the document you used our service to order;
(b) supply of some equivalent document;
(c) amendment of the document; or
(d) payment of the cost of such replacement, supply or amendment.
- You agree that:
(a) to the extent that we are not prohibited by law from limiting our liability, then our liability is limited in the same manner as set out above, including in respect of any liability that arises as a consequence of our negligence;
(b) our liability to you for any matter related to the subject matter of these terms and conditions will not include any special, indirect, incidental or consequential damages or loss of profits and will not exceed the cost to you for the particular transaction which has caused you the loss or damage; and
(c) we are not responsible in any way for any liability, loss, damage or expense that arises directly or indirectly from a problem that occurs by any virus infecting our service.
- We do not warrant that the operation of our service will be uninterrupted or that our service is virus free or error free.
Indeed some providers even state:
- You agree that you indemnify us in relation to any loss or damage that any of you, your client, or a third party suffers because:
(a) the product you ordered is not suitable for its intended purpose or does not suit the relevant circumstances;
(b) you failed to obtain formal advice from a professional adviser concerning whether the product you chose is suitable for its intended purpose or circumstances;
(c) of the answers you provide to questions asked of you when using our service;
(d) you did not answer all questions completely and accurately.
- You agree that you continue to indemnify us indefinitely against any cost, loss, liability, or damage that we incur as a result of your use of our service.
You have complete discretion as to what pricing approach you adopt with your customer and this should not be disclosed to View.
It will be up to you (perhaps in conjunction with your licensee, if relevant) as to whether you disclose any payments made by your firm to View to the customer.