Singapore legislation

Section 21

of Charities Act 1994

Section 21

Entrusting charity property to Public Trustee and termination of trust

Amended by40/201940/201940/2019

(1)

The General Division of the High Court may by order vest any property held by or in trust for a charity in the Public Trustee or authorise or require the persons in whom the property is vested to transfer it to the Public Trustee, or appoint any person to transfer the property to the Public Trustee; and the property may be vested in the Public Trustee with or without powers of management as the General Division of the High Court may direct.

Amended by40/2019

(2)

Where any property is held by or in trust for a charity, or is comprised in any testamentary gift to a charity, the property may, with the agreement of the Public Trustee, be transferred to him or her; and the Public Trustee’s receipt for the property comprised in a testamentary gift to a charity is a complete discharge of the personal representative.

(3)

Where property is vested in the Public Trustee in trust for a charity, the General Division of the High Court may make an order discharging the Public Trustee from the trusteeship as respects all or any of that property.

Amended by40/2019

(4)

Where the Public Trustee is discharged from his or her trusteeship of any property, or the trusts on which he or she holds any property come to an end, the General Division of the High Court may make such vesting orders and give such directions as may seem to the General Division of the High Court to be necessary or expedient in consequence.

Amended by40/2019

(5)

No person is —

(a)

liable for any loss occasioned by the person’s acting in conformity with an order under this section or by the person’s giving effect to anything done pursuant to that order; or

(b)

excused from so doing by reason of the order under this section having been in any respect improperly obtained.

(6)

No vesting or transfer of any property pursuant to this section operates as a breach of a covenant or condition against alienation or give rise to a forfeiture.[23