International Trusts Order, 2000 · s 76

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76.
Application of Part IX
(1)
A trust or power is subject to this Part and is described as a special trust, if
{a)
at the creation of the. trust or (if later) when it first becomes subject to the law of Brunei Darussalam the settlor does not reside in
Brunei Darussalam; and
{b)
the trust instrument (or an instrument under which the trust first becomes subject to the law of Brunei Darussalam) provides that that the trust is to be a special trust for the purposes of this Order.
(2)
Paragraphs fa), (b) aud (c) of section 69(2) apply for the purposes of paragraph {b) of subsection 11).
1176
(3) If a trust or power is created by a written instrument in exercise of a special power, and the instrument contains no declaration as to the application of this Part, this Part shall, subject to evidence of a contrary intention, be deemed to be intended to apply; and for the purposes of subsection ! 1) the instrument shall be deemed to contain a declaration to that effect.
(4)
A trust or power that does not meet the requirements of subsections (1)
and (2). and is not deemed to do so by virtue subsection (3), is not a special trust or power and is not subject to this Part.

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s 76Application of Part IX

(1)

A trust or power is subject to this Part and is described as a special trust, if

{a)

at the creation of the. trust or (if later) when it first becomes subject to the law of Brunei Darussalam the settlor does not reside in

Brunei Darussalam; and

{b)

the trust instrument (or an instrument under which the trust first becomes subject to the law of Brunei Darussalam) provides that that the trust is to be a special trust for the purposes of this Order.

(2)

Paragraphs fa), (b) aud (c) of section 69(2) apply for the purposes of paragraph {b) of subsection 11).

1176

(3)

If a trust or power is created by a written instrument in exercise of a special power, and the instrument contains no declaration as to the application of this Part, this Part shall, subject to evidence of a contrary intention, be deemed to be intended to apply; and for the purposes of subsection ! 1) the instrument shall be deemed to contain a declaration to that effect.

(4)

A trust or power that does not meet the requirements of subsections (1)

and (2). and is not deemed to do so by virtue subsection (3), is not a special trust or power and is not subject to this Part.