Financial Markets Conduct Act 2013

Licensing and other regulation of market services - Regulation of client money or property services - Application of Trusts Act 2019

431ZJ: Application of Trusts Act 2019

You could also call this:

"Rules for trusts set up for a specific purpose, and what parts of the Trusts Act 2019 do not apply"

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This section is about trusts that are set up for a specific purpose, which is mentioned in section 431ZC. You need to know that some parts of the Trusts Act 2019 do not apply to these trusts. These parts include things like the general duty of care, what advisers must tell the person setting up the trust, and what documents the trustees must keep.

Some other parts of the Trusts Act 2019 that do not apply to these trusts are about giving information to beneficiaries, the powers of the trustee, and the trustee's liability. You should look at the Trusts Act 2019 to see what else does not apply. This section only applies after the Trusts Act 2019 has started, if this section starts before that.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS465995.


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Part 6Licensing and other regulation of market services
Regulation of client money or property services: Application of Trusts Act 2019

431ZJApplication of Trusts Act 2019

  1. This section applies to a trust constituted (or to be constituted) for the purposes of section 431ZC.

  2. The following provisions of the Trusts Act 2019 do not apply to a trust referred to in subsection (1):

  3. section 29 (general duty of care):
    1. section 39 (adviser must alert settlor to modification or exclusion of default duty):
      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. section 72 (trustee’s liability for acts of delegate limited):
              1. sections 81 to 85 (trustees’ indemnities):
                1. sections 142 to 148 (alternative dispute resolution):
                  1. sections 153 to 158 (investigation of condition and accounts of certain trust property).
                    1. If this section commences before the commencement of the Trusts Act 2019 under section 2(1) of that Act, this section applies only on or after the commencement of that Act.

                    Notes
                    • Section 431ZJ: inserted, on , by section 29 of the Financial Services Legislation Amendment Act 2019 (2019 No 8).