Article 68 - Power of the QFC Court to order compliance

(1) If the QFC Court is satisfied that, in respect of a Trust, a Person has failed to comply with:
(A) a requirement of these Regulations, Rules, or the Terms of the Trust; or
(B) an obligation imposed on the Person by these Regulations, Rules, or by the Terms of the Trust; the QFC Court may, by order, require the Person to comply with the requirement or obligation.
(2) If the QFC Court is satisfied that a Trust has failed to carry out its objects or any of them, the Court may, by order, require the Trust to do so.
(3) If the QFC Court is satisfied that, in respect of a Trust, a Person has failed to comply with the requirement under Article 16A(5) to register a Pre-Existing Trust, the QFC Court may order that the Trust is established, valid and binding and direct the QFC Authority to register the Pre-Existing Trust, if the QFC Court is satisfied that:
(A) there was a reasonable excuse for the non-compliance; and
(B) it is in the interests of justice to do so.
(4) If the QFC Court is satisfied that, in respect of a Trust, a Person has failed to comply with the requirement under Article 16A(5) to register a Trust, the QFC Court may order that the Trust is established, valid and binding provided that QFC Court is satisfied that:
(A) the Trust would otherwise be in compliance with the provisions of these Regulations; and
(B) the Trust could be registered as a QFC Trust; and
(C) it is in the interests of justice to do so.
(5) An order under this Article may specify the action that a Person or Trust is required to take.
Inserted (as from 24th December 2017).