Trusts and Trustees Act (Cap. 331)
Trusts and Trustees Act (Cap. 331), article 40
40. (1) A person acquiring trust property from a trustee in
good faith and under an onerous title acquires a good title the reto as
if he had acquired it from the person having the absolute title
thereto and shall not be affected by the trusts on which the sa id
property is held.
(2) No person paying or advancing money to a trustee shall be
concerned to see that such mone y is required for the purposes o f the
trust, or that no more than is required is raised, or otherwise as to
the propriety of the transacti on or the application of the mone y.
(3) A person dealing with a trust ee in relation to trust propert y
need not -
(a) enquire into the terms of the trust; or
(b) obtain the consent of the beneficiaries or any other
person,
and shall, subject to being in good faith, be entitled to rely on
declarations made by the trustee with regard to any matters the rein
stated.
(4) The trustee may furnish to any person a certificate
containing the followi ng information witho ut being in breach of
any confidentiality obligations:
(a) that the trust exists and the date the trust instrument
was executed;
(b) the identity and address of the current trustee;
(c) that the trustee is duly authorised and empowered to
carry out the relevant trans action and has obtained all
necessary consents, if any;
(d) the revocability or irrevocability of the trust and, if
revocable, that the tru st has not been revoked.
(5) When there is more than one trustee, a certificate may be
signed and authenticat ed by any trustee.
(6) Any trustee who issues a ny certificate containing any
statement which he knows or ought to know is false shall be gui lty
TRUSTS AND TRUSTEES [CAP. 331. 33
of an offence and shall on conviction be liable to the punishme nt of
imprisonment for a term not ex ceeding two years or to a fine
(multa ).
Following trust
property and
bankruptcy of
trustee.
Added by:
XX. 1994.4.
Amended by:
XIII. 2004.28;
XI. 2014.7.
Cap. 16.
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.