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Section 21

Amendment to trust deed and contractual agreement and void provisions

of Interest Schemes Act 2016

ActIn forceProvision 21 of 92
Section 21
(1)

The parties to a trust deed or a contractual agreement may amend a trust deed or contractual agreement by supplemental trust deed or supplemental contractual agreement, as the case may be.

30 Laws of Malaysia ACT 778

(2)

No amendment of a trust deed or contractual agreement is valid unless the approval of a majority in value of interest holders has been obtained in the manner specified in the trust deed or contractual agreement.

(3)

The Registrar may direct that the approval under subsection (2)

be dispensed with if the Registrar is satisfied, subject to the trustee certifying the fact under that subsection, that the amendment—

(a)

is required only to enable the provisions of this Act or of the trust deed or contractual agreement to be complied with;

(b)

will not materially affect the existing benefits of the interest holders;

(c)

will not prejudice the interests of the interest holders;

(d)

does not amend the fundamental provisions or objects of the trust deed or contractual agreement; and

(e)

does not release the trustee from any responsibility to the interest holders.