Trustees Act 1967 - Singapore Statutes Online

Delegation of trustee’s functions by power of attorney

27.—(1) Despite any rule of law or equity to the contrary, a trustee may, by power of attorney, delegate the execution or exercise of all or any trusts, powers and discretions vested in the trustee as trustee either alone or jointly with any other person or persons.

(2) A delegation under this section —

(a)	commences as provided by the instrument creating the power or, if the instrument makes no provision as to the commencement of the delegation, on the date of the execution of the instrument by the donor; and
(b)	continues for a period of 18 months or any shorter period provided by the instrument creating the power.

(3) The persons who may be donees of a power of attorney under this section include a trust corporation.

(4) Before or within 7 days after giving a power of attorney under this section, the donor must give written notice of it (specifying the date on which the power comes into operation and its duration, the donee of the power, the reason why the power is given and, where only some trusts, powers and discretions are delegated, the trusts, powers and discretions delegated) to —

(a)	each person (other than the donor), if any, who under any instrument creating the trust has power (whether alone or jointly) to appoint a new trustee; and
(b)	each of the other trustees, if any,

but failure to comply with this subsection does not, in favour of a person dealing with the donee of the power, invalidate any act done or instrument executed by the donee.

(5) A power of attorney given under this section by a single donor —

(a)	in the form set out in the Third Schedule; or
(b)	in a form to the like effect but expressed to be made under this subsection,

operates to delegate to the person, identified in the form as the single donee of the power, the execution and the exercise of all the trusts, powers and discretions vested in the donor as trustee (either alone or jointly with any other person or persons) under the single trust so identified.

(6) 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.

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

(8) 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 or securities the donee of the power is acting in the execution of a trust, is not deemed for any purpose to affect —

(a)	the Depository (as defined in section 81SF of the Securities and Futures Act 2001);
(b)	any person in whose books the stock is inscribed or registered; or
(c)	the issuer of the securities,

with any notice of the trust.

[36/2014]

(9) This section applies to a personal representative as it applies to a trustee except that subsection (4) applies as if it required the notice mentioned in it to be given to each of the other personal representatives (if any) except any executor who has renounced probate.

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