Trusts and Trustees Act (Cap. 331)
Trusts and Trustees Act (Cap. 331), article 24B
24B. (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 t he
trust and to promote the purposes of the trust:
Provided that where the enfo rcer becomes aware that the
charitable purposes prescribed in the terms of the trust are no t
being observed, the enforcer shall take action against the trus tee 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 approva l 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, en ter 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.
Resignation or
removal of the
enforcer.
Added by:
XI. 2014.14.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.