Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
LAWxPERT Anmelden Kostenloses Konto

Cap. 331 · Trusts And Trustees Act (Cap. 331)

Cap. 331 Art. 24BEnforcer.

In KraftAmtlicher Text

(1) The terms of a trust set up for a charitable purpose may provide:

(a) for the appointment of an enforcer in relation to the trust; and

(b) for the appointment of a new enforcer any time when the current enforcer in office has terminated his appointment.

(2) The duty of the enforcer shall be that of ensuring that the trustee administers the trust in accordance with the terms of the trust and to promote the purposes of the trust:

Provided that where the enforcer becomes aware that the charitable purposes prescribed in the terms of the trust are not being observed, the enforcer shall take action against the trustee for breach of trust.

(3) The enforcer of a trust is prohibited from also acting as trustee of the trust.

(4) Except -

(a) with the approval of the Court; or

(b) when permitted by this Act or when expressly provided by the terms of the trust, an enforcer shall not -

(i) directly or indirectly profit from his office;

(ii) cause or permit any other person to profit directly or indirectly from his office; or

(iii) on his own account, enter into any transaction with the trustee or relating to the trust property which may result in such profit.

(5) Unless authorised by the terms of the trust or by any order of the Court, an enforcer shall not be entitled to remuneration for services rendered.