Chapter 2: Chapter 2: General Powers of Trustees
Article 46 - Powers of Trustee
(1) Subject to theTerms of the Trust and duties under theseRegulations , aTrustee will in relation to theTrust Property have:(A) all the same powers as a naturalPerson ;(B) any other powers appropriate to achieve the proper investment, management, and distribution ofTrust Property ; and(C) any other powers conferred by theseRegulations .(2) ATrustee must exercise its powers only in the interest of theBeneficiaries and in furtherance and support of the purposes of theTrust and in accordance with theTerms of the Trust .(3)(A) AnyTrustee may apply to theQFC Court for an opinion, advice or direction on any question regarding the management or administration of theTrust Property , such application to be served upon, or the hearing to be attended by, allPersons interested in such application, or such of them as theQFC Court thinks expedient.(B) If theTrustee acts upon the opinion, advice or direction given by theQFC Court , it is taken to have discharged its duty as aTrustee with regards to the subject matter of such application. However, these Regulations do not apply if theTrustee acted fraudulently or made any misrepresentations in obtaining such opinion, advice or direction.(C) The costs of such application will be subject to the discretion of theQFC Court .Amended (as from 24th December 2017). Article 47 - Specific powers of Trustees
Without limiting the generality of Article 46, and subject to the
Terms of the Trust , aTrustee may:(1) collect theTrust Property and accept or reject additions to theTrust Property from aSettlor or any otherPerson ;(2) subject to theTerms of the Trust , without the consent of anyBeneficiary , appropriate theTrust Property in or towards satisfaction of the interest of aBeneficiary in such manner and in accordance with such valuation as it thinks fit;(3) acquire or sell property, for cash or on credit, at public or private sale;(4) exchange, partition, or otherwise change the character of theTrust Property ;(5) depositTrust money in an account in a regulated financial services institution;(6) borrow money, with or without security, and mortgage or pledge theTrust Property for a period within or extending beyond the duration of theTrust ;(7) where theTerms of the Trust so permit, exercise a discretion in relation to the manner in which and to whom theTrust Property is distributed;(8) with respect to an interest in a partnership, limited liability company, businessTrust , corporation, or other form of business or enterprise, continue the business or other enterprise and take any action that may be taken by shareholders, members, orProperty owners, including merging, dissolving, or otherwise changing the form of business organisation or contributing additional capital;(9) with respect to stocks or other securities, exercise the rights of an absolute owner, including the right to:(A) vote, or give proxies to vote, with or without power of substitution, or enter into or continue a votingTrust agreement;(B) hold a security in the name of a nominee or in other form without disclosure of theTrust so that title may pass by delivery;(C) pay calls, assessments, and other sums chargeable or accruing against the securities, and sell or exercise stock subscription or conversion rights; and(D) deposit the securities with a depositary or other regulated financial services institution;(10) with respect to an interest in immovable property, construct, or make ordinary or extraordinary repairs to, alterations to, or improvements in, buildings or other structures, demolish improvements, raze existing or erect new party walls or buildings, subdivide or develop land, dedicate land to public use or grant public or private easements, and make or vacate plots and adjust boundaries;(11) enter into a lease for any purpose as lessor or lessee, including a lease or other arrangement for exploration and removal of natural resources, with or without the option to purchase or renew, for a period within or extending beyond the duration of theTrust ;(12) grant an option involving a sale, lease, or other disposition of theTrust Property or acquire an option for the acquisition of property, including an option exercisable beyond the duration of theTrust , and exercise an option so acquired;(13) insure the property of theTrust against damage or loss and insure theTrustee , theTrustee's agents, andBeneficiaries against liability arising from the administration of theTrust and the insurance proceeds must belong to theTrust ;(14) abandon or decline to administer property of no value or of insufficient value to justify its collection or continued administration;(15) pay or contest any claim, settle a claim by or against theTrust , and release, in whole or in part, a claim belonging to theTrust ;(16) pay remuneration of theTrustee , Protector orEnforcer and of employees and agents of theTrust , and other expenses incurred in the administration of theTrust ;(17) indemnify outgoingTrustees ;(18) select a mode of payment under any employee benefit or retirement plan, annuity, or life insurance payable to theTrustee , exercise rights thereunder, including exercise of the right to indemnification for expenses and against liabilities, and take appropriate action to collect the proceeds;(19) make loans out of theTrust Property , including loans to aBeneficiary on terms and conditions theTrustee considers to be fair and reasonable under the circumstances, and theTrustee has a lien on future distributions for repayment of those loans;(20) pledge theTrust Property to guarantee loans made by others to theBeneficiary ;(21) appoint aTrustee to act in another jurisdiction with respect to theTrust Property located in the other jurisdiction, confer upon the appointedTrustee all of the powers and duties of the appointingTrustee , require that the appointedTrustee furnish security, and remove anyTrustee so appointed;(22) pay an amount distributable to aBeneficiary who is under a legal disability or who theTrustee reasonably believes is incapacitated, by paying it directly to theBeneficiary or applying it for theBeneficiary's benefit, or by:(A) paying it to theBeneficiary's guardian and the receipt by such guardian must constitute a full discharge of theTrustee's obligation;(B) if theTrustee does not know of a guardian, or custodial Trustee, paying it to an adult relative or other Person having legal or physical care or custody of theBeneficiary , to be expended on theBeneficiary 's behalf and the receipt by such Person must constitute a full discharge of theTrustee ; or(C) managing it as a separate fund on theBeneficiary 's behalf, subject to theBeneficiary 's continuing right to withdraw the distribution;(23) on distribution ofTrust Property or the division or termination of aTrust , make distributions in divided or undivided interests, allocate particular assets in proportionate or disproportionate shares, value theTrust Property for those purposes, and adjust for resulting differences in valuation;(24) resolve a dispute concerning the interpretation of theTrust or its administration by mediation, arbitration, or other procedure for alternative dispute resolution;(25) prosecute or defend an action, claim, or judicial proceeding in any jurisdiction to protect theTrust Property and theTrustee in the performance of theTrustee 's duties;(26) sign and deliver contracts and other instruments that are useful to achieve or facilitate the exercise of theTrustee 's powers;(27) on termination of theTrust , exercise the powers appropriate to wind up the administration of theTrust and distribute theTrust Property to thePersons entitled to it; or(28) consult accountants, lawyers, bankers, investment bankers, and other specialists and professional advisers in relation to the affairs of theTrust , at the expense of theTrust .Amended (as from 24th December 2017). Article 48 - Power of accumulation and advancement
(1) Where theTerms of the Trust so authorise, aTrustee may accumulate for a period, part or all of theIncome of theTrust .(2) Subject to Article 48(3),Income of theTrust which is not accumulated under Article 48(1) must be distributed.(3) Subject to theTerms of the Trust and subject to any prior interests or charges affecting theTrust Property , where aBeneficiary is aMinor and whether or not theBeneficiary's interest:(A) is a vested interest; or(B) is an interest which will become vested:(i) on attaining the age of majority;(ii) at any later age; or(iii) upon the occurrence of any event;theTrustee may:(C) accumulate theIncome attributable to the interest of suchBeneficiary pending the attainment of the age of majority or such later age or the occurrence of such event;(D) apply suchIncome or part of it to or for the maintenance, education or other benefit of suchBeneficiary ; or(E) advance or appropriate to for the benefit of any suchBeneficiary such interest or part of such interest.(4) The receipt by a parent or the lawful guardian of aBeneficiary who is aMinor must be a sufficient discharge of theTrustee's obligations for a payment made under Article 48(3).Amended (as from 24th December 2017). Article 49 - Delegation by a Trustee
(1) ATrustee must not delegate its powers unless permitted to do so by theseRegulations or by theTerms of the Trust .(2) Subject to Article 49(1), aTrustee may delegate duties and powers that a prudentTrustee of comparable skills could properly delegate under the circumstances. TheTrustee must exercise reasonable care, skill, and caution in:(A) selecting a competent and qualified agent;(B) establishing the scope and terms of the delegation, consistent with the purposes andTerms of the Trust ; and(C) periodically reviewing the agent's actions in order to monitor the agent's performance and compliance with the terms of the delegation.(3) In performing a delegated function, an agent owes a duty to theTrust to exercise reasonable care to comply with the terms of the delegation.(4) ATrustee who complies with Article 49(1) and otherwise acts in good faith is not liable to the Beneficiaries or to theTrust for an action, omission or negligence of the agent to whom the function was delegated.(5) For the purposes of this Article, an “agent” may include investment managers, accountants, lawyers, bankers, brokers, custodians, investment advisers, nominees, property agents and other professional advisers orPersons to act in relation to any of the affairs of theTrust or to hold any of theTrust Property .(6) ATrustee may authorise aPerson referred to in Article 49(5) to retain any commission or other payment usually payable in relation to any transaction.Amended (as from 24th December 2017). Article 50 - Combination and division of Trusts
(1) Subject to theTerms of the Trust , aTrustee may combine two or moreTrusts into a singleTrust or divide aTrust into two or more separateTrusts , if the result does not impair rights of any Beneficiaries or adversely affect achievement of the purposes of theTrusts .(2) Subject to the tTrms of theTrust , where aTrustee divides aTrust into two or more separateTrusts , it must have the power to appointTrustees for suchTrusts .Amended (as from 24th December 2017).