Trustees Act 1967 · 2020 Revised Edition · Part 4A · Agents, Nominees and Custodians
41M. Review of agents, nominees and custodians, etc.
Feedback & supportWhile the agent, nominee or custodian continues to act for the trust, it is the duty of the trustees —
to keep under review the arrangements under which the agent, nominee or custodian acts and the manner in which those arrangements are being put into effect;
if circumstances make it appropriate to do so, to consider whether there is a need to exercise any power of intervention that they have; and
if they consider that there is a need to do so, to exercise the power of intervention.
If the agent has been authorised to exercise asset management functions, the duty under subsection (1) includes, in particular —
a duty to consider whether there is any need to revise or replace the policy statement made for the purposes of section 41F;
if the trustees consider that there is a need to revise or replace the policy statement, a duty to do so; and
a duty to assess whether the policy statement (as it has effect for the time being) is being complied with.
Section 41F(3) and (4) applies to the revision or replacement of a policy statement under this section as it applies to the making of a policy statement under that section.
In this section, “power of intervention” includes —
a power to give directions to the agent, nominee or custodian; and
a power to revoke the authorisation or appointment of the agent, nominee or custodian.