Comparison View

Formal Consolidation |  1999 RevEd
Public Trustee may administer property of charitable trust without trustee
63.—(1)  Whenever it appears to the Public Trustee that a charitable trust has no trustee, he may send by registered post a letter to the person in apparent control of any property subject to the trust requesting the names and addresses of the trustees, if any, of the trust.
(2)  If the Public Trustee does not within one month of sending the letter receive any answer thereto, he may publish in the Gazette and send to the person referred to in subsection (1), by registered post, a notice that at the expiration of one month from the date of that notice, unless cause is shown to the contrary, the trust shall be deemed to have no trustee.
(3)  At the expiration of the time mentioned in the notice, unless cause to the contrary is previously shown by any trustee of such trust, or if the Public Trustee receives an answer to the effect that such trust has no trustee, the Public Trustee —
(a)may declare that he undertakes to administer the property subject to such trust provisionally; and
(b)shall publish notice thereof in the Gazette and on the publication in the Gazette of the notice all property, movable and immovable of whatever description, subject to such trust shall vest in the Public Trustee as provisional trustee thereof.
(4)  The Public Trustee as such provisional trustee may apply to the court by motion for the appointment of new trustees to administer such trust and on the appointment of the new trustees all such property shall vest in them.
(5)  All costs and expenses incurred by the Public Trustee in exercising the powers conferred by this section shall be paid out of the assets of the trusts concerned.
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Informal Consolidation | Amended Act 2 of 2012
Public Trustee may administer property of charitable trust without trustee
63.—(1)  Whenever it appears to the Public Trustee that a charitable trust has no trustee, he may send by registered post a letter to the person in apparent control of any property subject to the trust requesting the names and addresses of the trustees, if any, of the trust.
(2)  If the Public Trustee does not within one month of sending the letter receive any answer thereto, he may publish in the Gazette and send to the person referred to in subsection (1), by registered post, a notice that at the expiration of one month from the date of that notice, unless cause is shown to the contrary, the trust shall be deemed to have no trustee.
(3)  At the expiration of the time mentioned in the notice, unless cause to the contrary is previously shown by any trustee of such trust, or if the Public Trustee receives an answer to the effect that such trust has no trustee, the Public Trustee —
(a)may declare that he undertakes to administer the property subject to such trust provisionally; and
(b)shall publish notice thereof in the Gazette and on the publication in the Gazette of the notice all property, movable and immovable of whatever description, subject to such trust shall vest in the Public Trustee as provisional trustee thereof.
(4)  The Public Trustee as such provisional trustee may apply to the court by originating summons for the appointment of new trustees to administer such trust and on the appointment of the new trustees all such property shall vest in them.
[42/2005 wef 01/01/2006]
(5)  All costs and expenses incurred by the Public Trustee in exercising the powers conferred by this section shall be paid out of the assets of the trusts concerned.