Financial Markets Conduct Act 2013

Governance of financial products - Governance of debt securities - Application of Trusts Act 2019

110A: Application of Trusts Act 2019

You could also call this:

"Rules from the Trusts Act 2019 that don't apply to trusts for debt securities"

Illustration for Financial Markets Conduct Act 2013

This section is about trusts that are set up for debt securities. You need to know if a trust deed has been lodged under section 103 or will be lodged. Some rules from the Trusts Act 2019 do not apply to these trusts.

These rules include things like acting honestly and with care, as stated in section 25 and section 29 of the Trusts Act 2019. Other rules that do not apply are about keeping documents, giving information to beneficiaries, and the powers of trustees, which are outlined in sections like section 39, sections 40 to 42, and section 43. There are also rules about exemption and indemnity clauses, like sections 45 to 48 and sections 49 to 55, that do not apply to these trusts.

Some other rules that do not apply are about the general powers of trustees, as stated in section 56, and the exercise of trustee powers by others, outlined in sections 67 to 73. Additionally, rules about special trust advisers, like sections 74 to 76, and trustees' indemnities, such as sections 81(2) and (3) and sections 82 to 85, do not apply to these trusts. There are also rules about the appointment and discharge of trustees, like sections 92 to 115, and the termination and variation of trusts, outlined in sections 121 to 123, that do not apply.

Other rules that do not apply include those about alternative dispute resolution, like sections 142 to 148, and the investigation of trust property, outlined in sections 153 to 158. You can find more information about these rules in the Trusts Act 2019.

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Part 4Governance of financial products
Governance of debt securities: Application of Trusts Act 2019

110AApplication of Trusts Act 2019

  1. This section applies to a trust constituted (or to be constituted) under a trust deed for a debt security if the trust deed—

  2. has been lodged under section 103; or
    1. has been or will be entered into with the intention that the deed will be lodged under section 103.
      1. The following provisions of the Trusts Act 2019 do not apply to a trust referred to in subsection (1):

      2. section 25 (duty to act honestly and in good faith):
        1. section 29 (general duty of care):
          1. section 39 (adviser must alert settlor to modification or exclusion of default duty):
            1. sections 40 to 42 (exemption and indemnity clauses):
              1. section 43 (adviser must alert settlor to liability exclusion or indemnity clause):
                1. section 44 (court consideration of gross negligence):
                  1. sections 45 to 48 (documents to be kept by trustees):
                    1. sections 49 to 55 (giving information to beneficiaries):
                      1. section 56 (general powers of trustee):
                        1. sections 67 to 73 (exercise or performance of trustee powers and functions by others):
                          1. sections 74 to 76 (special trust advisers):
                            1. sections 81(2) and (3) and 82 to 85 (trustees’ indemnities):
                              1. sections 92 to 115 (appointment and discharge of trustees):
                                1. sections 121 to 123 (termination and variation of trusts):
                                  1. sections 142 to 148 (alternative dispute resolution):
                                    1. sections 153 to 158 (investigation of condition and accounts of certain trust property).
                                      Notes
                                      • Section 110A: inserted, on , by section 166 of the Trusts Act 2019 (2019 No 38).