Trustees Act - Singapore Statutes Online

Power to delegate trusts during absence abroad

27.—(1) A trustee intending to remain out of Singapore for a period exceeding 14 days may, notwithstanding any rule of law or equity to the contrary, by power of attorney, delegate to any person (including a trust corporation) the execution or exercise during his absence from Singapore of all or any trusts, powers and discretions vested in him as such trustee, either alone or jointly with any other person or persons.

(1A) A person being the only other co-trustee and not being a trust corporation shall not be appointed to be an attorney under subsection (1).

(2) The donor of a power of attorney given under this section shall be liable for the acts or defaults of the donee in the same manner as if they were the acts or defaults of the donor.

(3) The power of attorney shall not come into operation unless the donor is out of Singapore and shall be revoked by his return.

(4) The power of attorney shall be attested by at least one witness, and shall be deposited in the Registry of the Supreme Court within 10 days after the execution thereof, or where not executed in Singapore within 10 days after its receipt in Singapore, with a statutory declaration by the donor that he intends to remain out of Singapore for a period exceeding 14 days from the date of the declaration, or from a date therein mentioned.

(5) The execution of any such instrument and statutory declaration shall be verified in such manner as is required by statute in the case of powers of attorney deposited in the Registry of the Supreme Court.

(6) The statutory declaration mentioned in subsections (4) and (5) and a statutory declaration by the donee of the power of attorney that the power has come into operation and has not been revoked by the return of the donor shall be conclusive evidence of the facts stated in favour of any person dealing with the donee.

(7) In favour of any person dealing with the donee, any act done or instrument executed by the donee shall, notwithstanding that the power has never come into operation or has become revoked by the act of the donor or by his death or otherwise, be as valid and effectual as if the donor were alive and of full capacity, and had himself done that act or executed that instrument, unless the person had actual notice that the power had never come into operation or of the revocation of the power before that act was done or instrument executed.

(8) For the purpose of executing or exercising the trusts or powers delegated to him, the donee may exercise any of the powers conferred on the donor as trustee by law or by the instrument creating the trust, including power, for the purpose of the transfer of any inscribed stock, himself to delegate to an attorney power to transfer but not including the power of delegation conferred by this section.

(9) The fact that it appears from any power of attorney given under this section, or from any evidence required for the purposes of any such power of attorney or otherwise, that in dealing with any stock the donee of the power is acting in the execution of a trust shall not be deemed for any purpose to affect any person in whose books the stock is inscribed or registered with any notice of the trust.

(10) No power of attorney shall be operative for the purposes of this section for a longer period than 18 months after the date of execution.

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