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Contents

Long Title

Part I PRELIMINARY

Part II REGISTRATION OF BUSINESS TRUSTS

Part III TRUSTEE-MANAGER

Division 1 — Responsibilities and powers

Division 2 — Change of trustee-manager

Division 3 — Consequences of change of trustee-manager

Division 4 — Written directions

Division 5 — Indemnification

Part IV TRUST DEED

Part V UNITHOLDERS

Part VI CIVIL LIABILITY

Part VII WINDING UP OF REGISTERED BUSINESS TRUST

Part VIII DEREGISTRATION

Part IX MANAGEMENT AND ADMINISTRATION

Division 1 — Meetings and proceedings

Division 2 — Registers

Division 3 — Annual return

Part X ACCOUNTS, AUDIT AND DISCLOSURE

Division 1 — Accounts

Division 2 — Audit

Division 3 — Disclosure

Part XI APPEALS

Part XII MISCELLANEOUS

THE SCHEDULE Types of Trusts That Are Not Regarded As Business Trusts for Purposes of Act

Legislative Source Key

Legislative History

 
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On 23/05/2013, you requested for the version in force on 23/05/2013 incorporating all amendments published on or before 23/05/2013. The closest version currently available is that of 31/07/2005.
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Rights, obligations and liabilities of resigning trustee-manager
24.
—(1)  Any —
(a)
legal right in, title to and interest under any trust property of a registered business trust owned, leased, held or used by a resigning trustee-manager for or on behalf of the registered business trust; and
(b)
obligations and liabilities of the resigning trustee-manager undertaken for or on behalf of the registered business trust,
shall be transferred to and vested in, and assumed by, the replacement trustee-manager or the temporary trustee-manager of the registered business trust to be held for or on behalf of the registered business trust from the effective date of appointment of the replacement trustee-manager or temporary trustee-manager, as the case may be.
(2)  Notwithstanding subsection (1), the following rights, obligations and liabilities shall remain the rights, obligations and liabilities of the resigning trustee-manager of a registered business trust:
(a)
any right of the resigning trustee-manager to be paid fees for the performance of its functions before it ceased to be the trustee-manager of the registered business trust;
(b)
any right of the resigning trustee-manager to be indemnified for expenses it had incurred before it ceased to be the trustee-manager of the registered business trust;
(c)
any right, obligation or liability that the resigning trustee-manager had or continues to have as a unitholder of the registered business trust; and
(d)
any liability in respect of which the resigning trustee-manager would have had no claim of indemnification out of the trust property of the registered business trust if it had remained the trustee-manager of the registered business trust.
[Aust. Corp. 2001, s. 601FS]