hamlet代写:信托的受托人

hamlet代写:信托的受托人

高等法院允许委任该公司为受托人。在Montevento Holdings Pty Ltd诉Scaffidi (2012) HCA 48的高等法院判决中,有一项信托契约条款指出,当个人指定人为潜在受益人时,他们也不可能是信托的受托人。在这一理解中,论点认为公司不能被指定为信托的受托人,因为如果受托人被认为是存在(或被指定)为受益人的人,因此受托人不能被接受。他们不能既是受益人又是受托人。然而,高等法院裁定,该公司因此可获委任为受托人。没有任何条款表明该公司不能成为公司受托人。

hamlet代写:信托的受托人
就信托契约而言,公司作为独立的法律实体而存在,因此,即使其唯一股东是受益人,公司仍可被指定为信托的受托人。受托人有一些主要职责需要讨论,指定受托人不能违反这些职责。首先,受托人必须知道信托和信托下的资产。受托人必须理解并遵守信托的规则。此外,受托人必须公平地对待不同的受益人。受托人还必须确保在信托事务中表现出合理的谨慎和勤勉,并按照法律的规定,以适当合理的方式投资信托基金并指导它们。

hamlet代写:信托的受托人

The High Court allowed for the appointment of the company as a trustee. In the High Court decision in Montevento Holdings Pty Ltd v Scaffidi (2012) HCA 48, a clause in the trust deed was pointed out which stated that when an individual appointor was a potential beneficiary, then they also could not possibly be the trustee of the trust. In this understanding, the argument made that a company could not be appointed the trustee of the trust, because if trustee was to be considered as a person who existed (or was appointed) as beneficiary, and hence the trustee could not be accepted. They cannot be both beneficiary and trustee. However, the High Court found that the company hence could be appointed as a trustee. There was no clause indicating that the company could not be a corporate trustee.

hamlet代写:信托的受托人
For the purposes of the trust deed, the company exists as a separate legal entity and hence even if its sole shareholder was a beneficiary, the company could still be appointed as a trustee of the trust. There are some key duties discussed for a trustee and the appointed trustee cannot breach these duties. Primarily, the trustee must know the Trust and the assets that come under the trust. The trustee must understand and must obey the rules of the Trust. Furthermore, the trustee must as impartially between the different beneficiaries. The trustee must also ensure that reasonable care and diligence are shown in matters of the trust and must invest trust funds and direct them in proper reasonable ways as is mandated by law.

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