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TRUSTEE COMPANIES ACT 1953

- Act 72 of 1953 - Royal Assent 9 December 1953

Table of Provisions

Long Title

PART I - Preliminary

  • 1 Short title
  • 2 Repeal
  • 3 Interpretation
  • 4 Section 4
  • 4A Section 4A

PART II - Trustee Companies Division 1 - Administration of estates

  • 5 Power of trustee company to act as executor
  • 6 Power of trustee company to act as administrator
  • 7 Power of courts, &c., to appoint trustee company as trustee,
  • receiver, &c.
  • 8 Power of person entitled to probate to authorize trustee company to
  • obtain probate
  • 9 Power of person entitled to administration to authorize trustee
  • company to obtain administration
  • 10 Power of trustee company to act jointly with other persons or to
  • obtain probate with leave to other persons to come in and prove
  • 10A Election to administer small estates without grant of probate,
  • &c.
  • 11 Power of Court to act on affidavit of authorised person of trustee
  • company
  • 12 Section 12
  • 13 Power of trustee company to act under power of attorney
  • 14 Power to appoint trustee company as temporary executor, &c.
  • 15 Power of executors, &c., to appoint trustee company to discharge
  • their duties
  • 15A Power of trustee company to undertake other services
  • 15B Loans from estates to related corporations prohibited
  • 15C No trust estate to be liable under guarantee from trustee company
  • unless given on behalf of that estate
  • 16 Power of trustee company to act as if it were a natural person
  • 17 Power of authorised person to attend on behalf of trustee company
  • 17A Section 17A
  • 18 Commission chargeable by trustee company
  • 18A Management charge in respect of charitable trusts, &c.

Division 2 - General powers

  • 18B Power of trustee company to undertake other services
  • 18C Investment in common fund, &c.
  • 18D Power of trustee company to mix funds for investment
  • 18E Section 18E

Division 3 - Duties of trustee companies

  • 18F Duty of trustee company not to acquire shares in itself
  • 18G Section 18G
  • 18H Section 18H
  • 18I Section 18I
  • 18J Employment of Australian legal practitioner by trustee company

Division 4 - Control of trustee companies

  • 19 Power of Court to remove trustee company from office
  • 20 Section 20
  • 21 Section 21
  • 22 Power of Court to restrain voluntary winding up of trustee company
  • 23 Section 23
  • 24 Section 24
  • 25 Section 25

Division 5 - Distribution of deceased estates

  • 26 Power of trustee company to distribute assets without regard to
  • claims of creditors after notice and failure of creditors to take proceedings
  • 27 Power of trustee company to distribute estate where possible
  • claimants have not claimed
  • 28 Power of trustee company to make advances to beneficiaries

PART III - Miscellaneous and Supplemental Division 1 -

.  .  .  .  .  .  .  .  
  • 29 Section 29

Division 2 - Accounts and audit

  • 30 Trustee company to keep separate accounts of each estate
  • 31 Assets of trustee company liable for proper discharge of company's
  • duties
  • 32 Trustee company to pay certain unclaimed moneys to Public Trustee
  • 33 Transfer of securities to Public Trustee
  • 34 Notice of unclaimed trust moneys
  • 34A Section 34A

Division 3 - Powers of Supreme Court

  • 35 Section 35
  • 36 Power of Court to make order for account on application of Public
  • Trustee

Division 4 - Miscellaneous

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