"Under the scheme, growers enter into a lease and management...

  1. SDE
    450 Posts.
    "Under the scheme, growers enter into a lease and management agreement with the responsible entity and T.F.S. Leasing Pty Ltd (a related entity of the responsible entity). Under the lease and management agreement, the grower sub-leases their Sandalwood lot(s) from T.F.S. Leasing Pty Ltd and appoints the responsible entity to plant the trees on the lot, manage the trees on the lot, harvest the trees on the lot, sell the grower’s share of the harvest from the plantation (not applicable where the grower is an electing grower as defined below) in consideration of the grower agreeing to pay an establishment fee, annual lease and management fees, a harvest fee and a sales and marketing fee

    ........

    Each grower has an interest in the harvest from the plantation based on the proportion by which the number of Sandalwood lots sub-leased by the grower related to the total number of Sandalwood lots sub-leased by all growers.

    ........


    A non-electing grower’s share of the harvest is pooled with other non- electing grower’s shares and is sold for the non-electing growers by a related entity of the responsible entity and the grower is entitled to a share of the net proceeds from the sale. The scope of transactions recognised in the project financial statements only include that of the project property and do not include the Lease and Management Agreement or specific alternative funding arrangements made between the grower and the responsible entity".

    Typically when the parent entity becomes insolvent, the related entities become insolvent and the dependent Managed Investment Schemes become (hopelessly) insolvent; and all are wound up.

    If anything is left, the following hierachy applies:

    Tax Man first,
    Administrators and Receivers next, (these processes last many years)
    then priority creditors (employees and their benefits)
    secured creditors (banks and secured note holders),
    unsecured creditors (which include growers) and lastly
    shareholders.

    History of recent failed MIS operators (GTP, FEA, TIM) indicates that the last 2 groups get nothing.
 
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