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Trusts Act 2019

Appointment and discharge of trustees - Removal of trustee

108: Removal where notice cannot be given

You could also call this:

"Removing a trustee without telling them first"

Illustration for Trusts Act 2019

If you decide to remove a trustee and you do not have to tell them about your decision because of what is said in section 106(2), you must make a statutory declaration. You have to write down your decision and the efforts you made to find and contact the trustee. You do this to record what you have done. The declaration is an important document for the purposes of section 116.

The declaration is finished when you make it, following the rules in section 9 of the Oaths and Declarations Act 1957. This means you have to do it correctly. It is then used as the document that shows the trustee has been removed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7383024.

Topics:
Money and consumer rights > Banking and loans
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107: Effect of notice, or

"What happens when you get a notice that removes you as a trustee"

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109: Application to prevent removal, or

"Stopping Yourself from Being Removed as a Trustee"

Part 5Appointment and discharge of trustees
Removal of trustee

108Removal where notice cannot be given

  1. If the person who makes the decision to remove a trustee is not required to give notice of the decision because section 106(2) applies, the person must make a statutory declaration recording—

  2. the person’s decision; and
    1. the efforts the person has made to locate and contact the trustee.

      1. The declaration—

      2. is the document of removal for the purposes of section 116; and
        1. is executed and takes effect when it is made in accordance with section 9 of the Oaths and Declarations Act 1957.