International Trusts Order, 2000 · As enacted · Part IX
82. {1)
Official textFrom Attorney General's Chambers, unchanged
Subject to the provisions of subsection (2), an enforcer is entitled, in addition to any documents, information or other rights specifically provided for in the trust instrument, to examine and take copies of-
trust instrument
"trust instrument" means the written testamentary or other instrument if any by which, or on the terms of which, the trust is created (including any subsequent instruments affecting the terms or administration of the trust) or where the trust was not created by, or on the terms of, any written instrument refers to any trust instrument evidencing an oral declaration creating the trust. Application and restrictions.
\he financial records of the trust;
trust
"trust" means an international trust except where the context otherwise requires;
the trust instrument and deeds and other written instruments executed pursuant to the trust instrument;
opinions and legal advice of advocates and foreign lawyers received by the trustees, and to have all other information and access to documents to which a person with a vested interest under an ordinary trust is entitled under section 90.
person
"person" includes a natural person, any company or.association or body of persons, corporate or incorporated, including a partnership whether limited, unlimited or an international limited partnership created under the International Partnerships Order, 2000;
Subsection (1) shall not extend to any documents brought into being for the purposes or in contemplation of any legal proceedings brought by the enforcer.
!3)
An enforcer has the same rights as a person with a beneficial interest under an ordinary trust to bring administration and other actions for the good of the trust and to make for the good of the trust any applications to the Court for an opinion, advice or direction or otherwise.
ordinary trust
"ordinary trust" means an international trust that is neither a purpose trust nor a special trust;
An enforcer has the rights of a trustee of an ordinary trust to protection, indemnity and payment of expenses out of trust property, and to make applications to the Court under section 51.
property
"property" includes - {a} money, goods, chases in action, land and every descriptions of property1 whether movable or immovable; and (b} obligations, easements and every description of estate, interest and profit, present or future, vested or contingent, arising out of, or incident to, any property as defined in paragraph {a}; 1141 17th. JULY, 2000
An enforcer has, on behalf of the trust, the same personal and proprietary remedies for breach of trust against a trustee and against third parties as a beneficiary of an ordinary trust.
1179
Uncertainty.
Terms defined in s 2
ordinary trust
Defined · s 2"ordinary trust" means an international trust that is neither a purpose trust nor a special trust;
person
Defined · s 2"person" includes a natural person, any company or.association or body of persons, corporate or incorporated, including a partnership whether limited, unlimited or an international limited partnership created under the International Partnerships Order, 2000;
property
Defined · s 2"property" includes - {a} money, goods, chases in action, land and every descriptions of property1 whether movable or immovable; and (b} obligations, easements and every description of estate, interest and profit, present or future, vested or contingent, arising out of, or incident to, any property as defined in paragraph {a}; 1141 17th. JULY, 2000
trust
Defined · s 2"trust" means an international trust except where the context otherwise requires;
trust instrument
Defined · s 2"trust instrument" means the written testamentary or other instrument if any by which, or on the terms of which, the trust is created (including any subsequent instruments affecting the terms or administration of the trust) or where the trust was not created by, or on the terms of, any written instrument refers to any trust instrument evidencing an oral declaration creating the trust. Application and restrictions.