Singapore legislation

Clause 24

of Business Trusts Bill

Clause 24

Rights, obligations and liabilities of resigning trustee-manager

(1)

Any ––

(a)

legal right in, title to and interest under any trust property of a registered business trust owned, leased, held or used by a resigning trustee-manager for or on behalf of the registered business trust; and

(b)

obligations and liabilities of the resigning trustee-manager undertaken for or on behalf of the registered business trust,shall be transferred to and vested in, and assumed by, the replacement trustee-manager or the temporary trustee-manager of the registered business trust to be held for or on behalf of the registered business trust from the effective date of appointment of the replacement trustee-manager or temporary trustee-manager, as the case may be.

(2)

Notwithstanding subsection (1), the following rights, obligations and liabilities shall remain the rights, obligations and liabilities of the resigning trustee-manager of a registered business trust:

(a)

any right of the resigning trustee-manager to be paid fees for the performance of its functions before it ceased to be the trustee-manager of the registered business trust;

(b)

any right of the resigning trustee-manager to be indemnified for expenses it had incurred before it ceased to be the trustee-manager of the registered business trust;

(c)

any right, obligation or liability that the resigning trustee-manager had or continues to have as a unitholder of the registered business trust; and

(d)

any liability in respect of which the resigning trustee-manager would have had no claim of indemnification out of the trust property of the registered business trust if it had remained the trustee-manager of the registered business trust.