International Trusts Order, 2000 · As enacted · Part IX
85. 11)
Official textFrom Attorney General's Chambers, unchanged
Except as authorised by an order of the Court, or permitted by or pursuant to this section the trustees shall keep in Brunei Darussalam at the office of the trust corporation a documentary record of -
the terms of the special trust;
special trust
"special trust" or "special power" means a trust or power that under section 76 is subject to Part IX of this Order;
the identity of the trustee and the enforcers;
all settlements of the property upon the special trust and the identity of the settlors;
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
{d)
the property subject to the special trust at the end of each of its accounting years; and
all.distributions or applications of the trust property.
trust
"trust" means an international trust except where the context otherwise requires;
The Court may authorise non-compliance with subsection ( 1) on such terms as it thinks fit if it is satisfied that the execution of the trust will not be prejudiced.
A person who, in Brunei Darussalam or elsewhere, knowingly administers a special trust while there is a breach of subsection (l)(a), apart from-
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;
actions intended to bring the trust into compliance with subsection
; and
actions intended to preserve the trust property pending compliance with subsection (lJ(a), shall be guilty of an offence and liable on conviction to imprisonment for a term not exceeding two years, a fine not exceeding one hundred thousand dollars or both.
A trustee who knowingly fails to comply with subsection (l){b) shall be guilty of an offence and liable on conviction to a fine not exceeding twenty thousand dollars.
This section does not apply to the holder of a power which is granted or reserved by the terms of a special trust to a person other than the trustees of the special trust, even though the power is held in trust.
1181
This section does not apply (except as regards any antecedent offence) if the governing law of the trust has been changed from the law of Brunei
Darussalam.
The Minister, with the approval of His Majesty the Sultan and Yang
Di-Pertuan, may make regulations restricting the application of subsection (1).
Theft.
Terms defined in s 2
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
special trust
Defined · s 2"special trust" or "special power" means a trust or power that under section 76 is subject to Part IX of this Order;
trust
Defined · s 2"trust" means an international trust except where the context otherwise requires;
trust corporation
Defined · s 2"trust corporation" means a person licensed to conduct international trust business under the Registered Agents and Trustees Licensing Order, 2000 and, where the context so admits, includes a wholly-owned subsidiary of a trust corporation authorised under section 3(3) of that Order;