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mylaw.myby aturio
In forceUpdated to 1 Dec 2011Read it in Bahasa Malaysia
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Part V · Miscellaneous

49. General powers of the Court

(1)

A trustee may apply to the Court for directions concerning the manner in which he may or should act in connection with any matter concerning the trust and the Court may make such order, if any, as it deems fit.

(2)

The Court may also, if it deems fit—

Labuan Trusts 77

(a)

make an order concerning—

(i)

the execution or the administration of any trust;

(ii)

the trustee of any trust, including an order relating to the exercise of any power, discretion or duty of the trustee, the appointment or removal of a trustee, the remuneration of a trustee, the submission of accounts, the conduct of the trustee and any payments into court;

(iii)

any beneficiary or any person having any connection with the trust; or

(iv)

any trust property, including an order as to the vesting, preservation, application, surrender or recovery thereof;

(b)

make a declaration as to the validity or enforceability of a trust;

(c)

rescind or vary any order or declaration made under this

Act, or make any new or further order or declaration.

(3)

An application to the Court for an order or declaration under subsection (2) may be made by the trustee or by any beneficiary.

(4)

All proceedings other than criminal proceedings relating to any

Labuan trust commenced in any court shall, unless the court otherwise orders, be heard in camera and no details of the proceedings shall be published by any person without leave of the court.

(5)

Where the Court makes an order for the appointment of a trustee, it may impose such conditions as it thinks fit, including conditions as to the vesting of trust property.

(6)

Subject to any order of the Court, a trustee appointed by the

Court under this section shall have the same powers, discretions and duties as if he had been originally appointed a trustee.

78 Laws of Malaysia ACT 554

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