Business Trusts Act 2004 · 2020 Revised Edition · Part 3 · Trustee‑Manager
21. Appointment of temporary trustee‑manager by court
Feedback & supportOn an application by the Authority or the trustee‑manager or a unitholder of a registered business trust, the court may, by order, appoint a company that has consented in writing to serve as a temporary trustee‑manager to be the temporary trustee‑manager of the registered business trust for a period of 3 months if the court is satisfied that the appointment is in the interest of the unitholders of the registered business trust.
The company that is appointed by the court under subsection (1) to act as the temporary trustee‑manager of a registered business trust must comply with the duties, obligations and any other requirements imposed under this Act and as may be prescribed by the Authority with respect to the trustee‑manager of a registered business trust.
company
“company” has the meaning given by section 4(1) of the Companies Act 1967;
Despite subsection (2), the court may exempt the temporary trustee‑manager of a registered business trust from sections 6, 14 and 15.
temporary trustee‑manager
“temporary trustee‑manager” means a company that has been appointed as the temporary trustee‑manager of a registered business trust under section 21;
The court may make any further orders in respect of the appointment of a temporary trustee‑manager under subsection (1) that it thinks necessary to protect the interests of the unitholders of the registered business trust, including an order to reimburse the costs of the application out of the trust property of the registered business trust to the person who made the application under that subsection.
registered business trust
“registered business trust” means a business trust that is registered by the Authority under section 4(1);
Upon the making of an order by the court appointing a company as the temporary trustee‑manager of a registered business trust, the resigning trustee‑manager of the registered business trust and that appointed temporary trustee‑manager must comply with such requirements as the Authority may prescribe.
resigning trustee‑manager
“resigning trustee‑manager” means the trustee‑manager of a registered business trust that, in accordance with this Act, proposes to resign, is removed or has resigned from the position of trustee‑manager of the registered business trust;
Any trustee‑manager of a registered business trust which contravenes subsection (5) shall be guilty of an offence.
trustee‑manager
“trustee‑manager”, in relation to a registered business trust, includes a replacement trustee‑manager and temporary trustee‑manager;