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S.L. 331.6 · Trusts And Trustees Act (Notarial Trust (S.L. 331.6)

S.L. 331.6 Art. 5Safekeeping of documents by the depositary notary.

En vigueurTexte officiel

(1) The depositary notary shall keep all documents relative to a trust as provided in article 43A of the Act.

(2) These documents shall be kept separate from all other documents held by such depositary notary in the execution of his functions and the depositary notary shall be responsible for establishing an adequate system for the preservation of all documentation relating to the trust while he is so engaged.

(3) The records of each trust shall be kept separate from those relating to other trusts and shall be held for safekeeping under lock and key.

(4) The records of a trust shall be kept in such a manner that:

(a) they are immediately available for inspection in terms of article 43A(7) of the Act;

(b) in the event that a new depositary notary is appointed, they shall be delivered to such notary immediately; and

(c) the documents forming part of such records shall be numbered consecutively as soon as they are received by the depositary notary.

(5) In the event that a depositary notary delivers documents relative to a trust to a new depositary notary and retains copies of such documents in accordance with article 43A(9) of the Act, these regulations shall mutatis mutandis apply to such copies.