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In force2020 Revised Edition

Part 4 · Appointment and Discharge of Trustees

38. Supplemental provisions as to appointment of trustees

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(1)

On the appointment of a trustee for the whole or any part of trust property —

(a)

the number of trustees may, subject to the restrictions imposed by this Act on the number of trustees, be increased;

(b)

a separate set of trustees, not exceeding 4, may be appointed for any part of the trust property held on trusts distinct from those relating to any other part or parts of the trust property, even though no new trustees or trustee are or is to be appointed for other parts of the trust property, and any existing trustee may be appointed or remain one of such separate set of trustees, or, if only one trustee was originally appointed, then, except as hereinafter provided, one separate trustee may be appointed;

(c)

it is not obligatory, except as hereinafter provided, to appoint more than one new trustee where only one trustee was originally appointed, or to fill up the original number of trustees where more than 2 trustees were originally appointed, but, except where only one trustee was originally appointed, and a sole trustee when appointed will be able to give valid receipts for all capital money, a trustee must not be discharged from the trust unless there will be either a trust corporation or at least 2 individuals to act as trustees to perform the trust; and

(d)

any assurance or thing requisite for vesting the trust property or any part of that property in a sole trustee, or jointly in the persons who are the trustees, must be executed or done.

(2)

Nothing in this Act authorises the appointment of a sole trustee, not being a trust corporation, where the trustee, when appointed, would not be able to give valid receipts for all capital money arising under the trust.

Report

Part 4A

Agents, Nominees and Custodians

Part 4B

Remuneration

Part 5

Powers of Court

Part 6

Charitable Trusts

Part 7

Transparency and Effective Control

Part 8

General Provisions

Schedules