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Section 10

THE COMMON FUND

of Public Trustee Act 1950

ActRepealedProvision 10 of 24
Section 10
(1)

Subject as hereinafter provided all capital moneys available for investment which shall be in the hands of the Public Trustee at the commencement of this Act or which shall thereafter come into his hands shall form one Common Fund and shall be invested in any investments permitted by law for the investment of trust funds.

(2)

Any investments of capital moneys belonging to any estate in the hands of the Public Trustee at the commencement of this Act and any investments thereafter coming into his hands may, subject as hereinafter provided, be taken over and included in the investment account of the Common Fund.

(3)

All investments taken over under subsection (2) shall be taken over at the market rate ruling at the date of such taking over, less any interest accrued at such date, and no such investment shall be taken over unless it is an investment permitted by law for the investment of trust funds and, in the opinion of the Board, is and is likely to continue to be readily realisable. For the purposes of this subsection interest shall be deemed to accrue from day to day and shall be apportionable in respect of time accordingly.

(4)

Any investment made on account of the Common Fund or included in its investment account shall not be made or held on account of or belong to any particular estate.

(a)

moneys expressly or by necessary implication forbidden to be included in the Common Fund or directed to be invested in investments other than those permitted by law for the investment of trust funds;