New South Wales Consolidated Acts

UNITARIAN CHURCH ACT 1927 - SECT 9

9 Appointment etc of Trustees and vesting of property

(a) Any of the Trustees mentioned in clause eight hereof and any Trustee hereafter elected or appointed may retire or refuse to act on giving to the committee written notice of such retirement or refusal to act. The Trustees mentioned in clause eight and each of them and any Trustees or Trustee hereafter elected or appointed in place of them or any of them shall be deemed to have retired on the expiration of six months from the date of this Act or within three months after the completion of the sale of the property comprised in the Schedule A hereto whichever shall be the later date. A Trustee Company or Public Trustee hereafter appointed a Trustee shall cease to be a Trustee at the end of three years from the date of its appointment but shall be eligible for reappointment. In case a Trustee shall die or refuse to act or shall retire or shall be deemed to have retired or shall have become incapable of acting as a Trustee a new Trustee shall as soon as practicable be elected or appointed to fill the place of the Trustee who shall have died, or shall be deemed to have retired, or who or which shall have refused to act, or shall have retired, or shall have become incapable of acting as a Trustee to act during the unexpired portion of the term for which such Trustee would otherwise be entitled to act by resolution passed at a general meeting of the congregation called for that purpose: Provided always that pending such election the surviving or continuing Trustees or Trustee or the executors or administrators of a sole Trustee may act or continue to act for the time being notwithstanding any vacancy or vacancies arising. After the election of a new Trustee in place of a deceased sole Trustee the executor or executors or the administrator or administrators of such sole surviving Trustee shall not be entitled to act or to exercise any of the powers hereby given to a Trustee.

(b) No person or Trustee Company shall, nor shall the Public Trustee be deemed to be a Trustee or be entitled to act as a Trustee or to exercise any of the powers and authorities vested in a Trustee by this Act unless and until a memorandum signed by the president or by the vice-president, and also signed by the secretary or secretaries or by two or more members of the committee stating that such person or persons has or have been duly elected a Trustee, or that such Trustee Company or the Public Trustee has been appointed a Trustee, has been filed in the office of the Registrar-General of the State of New South Wales who is hereby authorised to receive and record any such memorandum or in such public office as the Chief Secretary shall from time to time direct: Provided that a person taking title under or otherwise dealing with the Trustees or Trustee or taking title to or otherwise dealing with Unitarian Trust property shall not nor shall the said Registrar-General be bound or concerned to inquire whether or not such Trustees or Trustee have or has been duly appointed or not or whether or not the provisions of this Act with respect to the appointment of a Trustee other than the registration of the said memorandum have been duly complied with, and production of a memorandum purporting to be signed by the president or by the vice-president and also by the secretary or secretaries or by two or more members of the committee stating that any person has been elected a Trustee or that any Trustee Company or the Public Trustee has been duly appointed a Trustee, or of an official copy of such memorandum shall be deemed conclusive proof in favour of every person taking title under or otherwise dealing with such person or such Trustee Company or the Public Trustee so appointed or taking title to or otherwise dealing with Unitarian Trust property that such person has been duly elected a Trustee or that such Trustee or Public Trustee has been appointed a Trustee under this Act, and as such is entitled to exercise all or any of the powers and authorities vested in a Trustee under this Act.

(c) All Unitarian property which for the time being is vested in the Trustees or Trustee and which is for the time being subject to the provisions of this Act and the trusts thereby created shall, upon the registration in manner aforesaid of the memorandum hereinbefore referred to and without any assurance in the law, be deemed to have been duly conveyed, assigned, or transferred to or otherwise legally and effectually vested in the person or persons, Trustee Company, or the Public Trustee named in such memorandum as having been elected or appointed Trustees or Trustee either solely or jointly with the surviving or continuing Trustees or Trustee to be held by him, them, or it upon and subject to the trusts and conditions for or upon which the same shall be held immediately prior to the registration of the said memorandum.