TRUST ACCOUNTS ACT 1973 - SECT 27
Duties of financial institution relating to trustee’s accounts
TRUST ACCOUNTS ACT 1973 - SECT 27
Duties of financial institution relating to trustee’s accounts
27 Duties of financial institution relating to trustee’s accounts
(1) Where the Minister has appointed an auditor under section 21or 22it
shall be the duty of the manager or other principal officer of a financial
institution with which a trustee has deposited any trust moneys whether in the
trustee’s own account or in any general trust account or separate trust
account to disclose each and every such account to the auditor upon demand in
writing delivered to the trustee personally by the auditor and to permit the
auditor to inspect and make and take away with the auditor a copy of or
extract from each and every such account and of or from any book, account,
document, or writing relating to any such account.
(2) It shall be the duty
of the manager or other principal officer at the office or branch of the
financial institution at which a trustee keeps a trust account designated or
evidenced as such to inform the supervising entity immediately whenever the
trust account is overdrawn or whenever a cheque drawn on the trust account is
dishonoured by reason of insufficiency of funds in the trust account to meet
the cheque.
(3) For the purposes of this Act the financial institution shall
be deemed to be the agent of the trustee and such books, accounts, cheques or
other records of the financial institution referred to in subsection (1) shall
be deemed to be the books, accounts, cheques or other records of the trustee.
(4) No financial institution shall incur any liability whether in respect of
any breach of trust or otherwise by reason only of any disclosure made
pursuant to this section or section 16, 24or 26.