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← Legal Guides 14 May 2026

AUSTRAC Tranche 2 for Trust and Company Service Providers

Trust and company service providers are caught by Tranche 2. Here's the AML/CTF program you need and the agreements to update.

aml ctf austrac service agreement tcsp tranche 2 trust company service providers

Trust and company service providers (TCSPs) — accountants, corporate-services firms, formation agents, nominee directors and registered-office providers — are one of the most-targeted Tranche 2 sectors in the Anti-Money Laundering and Counter-Terrorism Financing Amendment Bill 2024. From 1 July 2026, they sit fully inside AUSTRAC’s supervisory net.

The reasoning is straightforward: shell companies, opaque trust structures and nominee arrangements are the workhorse vehicles in modern money-laundering cases. The reforms close a gap Australia has been criticised for since 2015.

Who is caught

  • Anyone forming or registering companies for clients
  • Anyone acting as (or arranging) a director, secretary or trustee
  • Anyone providing a registered office or business address
  • Anyone acting as nominee shareholder or trustee
  • Anyone providing trust set-up and administration services

What an AML/CTF program means

  • Verify the identity AND beneficial ownership of every client (the human at the end of the chain)
  • Risk-rate engagements (offshore beneficial owners, complex layering, PEPs)
  • Ongoing CDD and trigger-based reviews when structures change
  • Suspicious matter reports to AUSTRAC within 24 hours
  • Seven-year record retention covering ID, structure charts and engagement files
  • Annual compliance reporting plus a board-approved Part A program

What is new vs Tranche 1

Tranche 1 covered banks, casinos and money remitters. Tranche 2 brings in the gatekeepers — and TCSPs are the gatekeepers most cited in international laundering typologies. The practical lift is significant: beneficial-ownership checks down to ultimate human owners are not what existing client onboarding usually catches.

What contracts and documents need updating

  • Engagement / service agreements — AML/CTF disclosure, ID and beneficial-ownership consent, source-of-funds clauses, refusal rights
  • Trustee and nominee director appointments — additional due diligence and removal triggers
  • Registered-office and mail-handling terms — termination triggers tied to AML risk
  • Privacy notices — handling and storage of sensitive ID and structural data
  • Subcontractor and referrer agreements — AML flow-down

The deadlines and penalties

Commencement 1 July 2026. AUSTRAC enrolment first; full Part A and reporting obligations from commencement. Civil penalties to $22 million per contravention for body corporates, with significant personal liability for principals.

How an updated Service Agreement helps

Claim Done’s Service Agreement generates a Tranche 2-ready engagement document in about ten minutes — AML/CTF disclosures, beneficial-ownership consent, source-of-funds clauses, the right to delay or refuse where checks fail, and the file-note structure AUSTRAC will expect at audit. Flat $79, DOCX and PDF.

Next step

Enrol, draft your Part A, re-paper engagement letters, and document beneficial-ownership checks before commencement.

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