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StatuteTrusts Act 2019

Section 96 — Trusts Act 2019: Who may be appointed as trustee

Text of the provision Official document

96 Who may be appointed as trustee (1) Any person may be appointed as a trustee of a trust, unless the person is disqualified. (2) The following persons are disqualified from being appointed as a trustee: (a) a child: (b) an undischarged bankrupt: (c) a person who lacks the capacity to perform the functions of a trustee: (d) a body corporate that is subject to an insolvency event. (3) Despite subsection (2)(b), an undischarged bankrupt may be appointed as a trustee with the consent of the court. (4) For the purposes of subsection (2)(c), and without limiting that paragraph, a person lacks the capacity to perform the functions of a trustee if the person— (a) is subject to an order appointing a manager under section 31 of the Protection of Personal and Property Rights Act 1988; or (b) has a trustee corporation managing the person’s property under section 32 or 33 of that Act.

Official source: legislation.govt.nz

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Statutory text from an official public source. Informational content — does not replace advice from a qualified lawyer.