International Trusts Order, 2000 · s 80

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80.
Appointment of enforcers
( 1)
The Court may, on the application of a trustee, an enforcer or a beneficiary, appoint an enforcer -
(a}
if the terms of the trust require the appointment of an enforcer, but-
(i)
it is impossible to make the appointment without the Court's assistance; or
(ii)
it is difficult or inexpedient to make the appointment without the Court's assistance;
(b)
if an enforcer is unable, unwilling or unfit to carry out the enforcer's duties; or
(c)
if there is no enforcer of full capacity willing to carry out the enforcer's duties.
(2)
In the circumstances described in subsection (l)(c}, the trustees shall within thirty days after becoming aware that such circumstances exist apply to the
Court for the appointment of an enforcer, or for the administration of the special trust under the direction of the Court, or for such other order as the Court shall think fit and a trustee who knowingly fails to do so shall be guilty of an offence and liable on conviction to a fine not exceeding twenty thousand dollars.
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s 80Appointment of enforcers

( 1)

The Court may, on the application of a trustee, an enforcer or a beneficiary, appoint an enforcer -

(a}

if the terms of the trust require the appointment of an enforcer, but-

(i)

it is impossible to make the appointment without the Court's assistance; or

(ii)

it is difficult or inexpedient to make the appointment without the Court's assistance;

(b)

if an enforcer is unable, unwilling or unfit to carry out the enforcer's duties; or

(c)

if there is no enforcer of full capacity willing to carry out the enforcer's duties.

(2)

In the circumstances described in subsection (l)(c}, the trustees shall within thirty days after becoming aware that such circumstances exist apply to the

Court for the appointment of an enforcer, or for the administration of the special trust under the direction of the Court, or for such other order as the Court shall think fit and a trustee who knowingly fails to do so shall be guilty of an offence and liable on conviction to a fine not exceeding twenty thousand dollars.

1178

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