Business Trusts Act 2004 · 2020 Revised Edition · Part 9 · Management and Administration
67. Minutes of proceedings
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The trustee‑manager of a registered business trust must cause —
trustee‑manager
“trustee‑manager”, in relation to a registered business trust, includes a replacement trustee‑manager and temporary trustee‑manager;
minutes of all proceedings of general meetings of the unitholders of the registered business trust to be entered in books kept for that purpose within one month of the date upon which the relevant meeting was held; and
those minutes to be signed by the chairperson of the meeting at which the proceedings were had or by the chairperson of the next succeeding meeting.
Any minutes so entered that are purported to be signed as provided in subsection (1) are evidence of the proceedings to which they relate, unless the contrary is proved.
Where minutes have been so entered and signed, then, until the contrary is proved —
the meeting is deemed to have been duly held and convened; and
all proceedings had at that meeting are deemed to have been duly had.
The trustee-manager of a registered business trust must keep minute books in which it must cause to be entered resolutions passed by written means under section 63A, within one month after the passing or making of each resolution.
registered business trust
“registered business trust” means a business trust that is registered by the Authority under section 4(1);
The trustee-manager of a registered business trust must ensure that the minutes of the passing of a resolution mentioned in subsection (3A) are signed by a director of the trustee-manager within a reasonable time after the resolution is passed.
director
“director” has the meaning given by section 4(1) of the Companies Act 1967;
Minutes entered in accordance with subsection (3A) and purportedly signed in accordance with subsection (3B) are evidence of the resolution to which they relate, unless the contrary is proved.
Any trustee‑manager of a registered business trust which contravenes subsection (1), (3A) or (3B) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000 and, in the case of a continuing offence, to a further fine not exceeding $2,500 for every day or part of a day during which the offence continues after conviction.