Trusts and Trustees Act (Cap. 331)
Trusts and Trustees Act (Cap. 331), article 53
53. (1) The court, upon the application of the Authority, may
make a disqualification order ag ainst any person who is found
guilty of an offence under this Act or any other law, other tha n an
offence punishable only with a fine, or who has infringed any
requirement of this Act.
(2) The court, upon the application of the Authority or any
interested person, may also make a disqualification order again st
any person if it is satisfied that his conduct as a trustee of a trust,
either taken alone or taken together with his conduct as a trus tee of
any other trust or trusts, mak es him unfit to be a trustee.
(3) A disqualification order made under this article may be for
a minimum period of one year and a maximum period of fifteen
years.
(4) For the purposes of this article, a disqualification order i s
an order whereby a person shal l not, without leave of the court -
(a) be a trustee of a trust o r a private foundation; or
(b) be delegated any functions, duties or powers of a
trustee; or
(c) perform or exercise any functions or otherwise act in a
fiduciary capacity in relation to a mandate, trust or a
private foundation.
TRUSTS AND TRUSTEES [CAP. 331. 57
(5) A notice of a disqualification order made under this article
shall -
(a) be delivered by the Registrar of Courts to the
Authority;
(b) be furthermore recorded in a register to be kept for this
purpose by the Authority and which shall be open for
public inspection.
(6) Any person who, while being subject to a disqualification
order, acts in contravention thereof, shall be guilty of an off ence
and liable on conviction to a fine ( multa ) of not more than forty-
seven thousand euro (€47,000) or imprisonment for a term not
exceeding three years or to both such fine and imprisonment.
(7) The provisions of this article shall be without prejudice to
any other offences or remedies which may exist under any other
law.
Persons not
qualified to act as
trustees.
Added by:
XIII. 2004.33.
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.