单词 | Trustee |
释义 | 受託人 A person to whom property is conveyed, devised, or bequeathed in trust for the benefit of another (the beneficiary). ‘Trustee’ extends to implied and constructive trustees, and to cases where the trustee has a beneficial interest in the trust property, and to the duties incident to the office of a personal representative, and where the context admits includes a personal representative: Trustee Ordinance (Cap 29) s 2. It includes any trustee, guardian, curator, manager or other person having the direction, control, or management of any property on behalf of any person, but does not include an executor: Business Registration Ordinance (Cap 310) s 3(5); Inland Revenue Ordinance (Cap 112) s 2(1). It also includes a corporation the principal business of which is to hold property belonging to another person under the provisions of a trust deed: Securities and Futures Ordinance (Cap 571) s 316 (7)(b). A person can be appointed or constituted trustee by an act of the parties concerned, by order of a court, or by operation of law. A trustee may be a natural person or a body corporate. The trustee owes a fiduciary duty to the beneficiaries under the trust. Duties are imposed on the trustee, either by statute or by case law, to ensure that the terms of the trust are carried out, that the trustee acts prudently with regard to the trust property and makes a proper distribution in the right amount to those entitled. A trustee is entitled to the costs of the proceedings in which he is a party in the capacity of a trustee, out of the fund held by him, in so far as they are not recovered from or paid by any other person. The court may otherwise order only on the ground that the trustee has acted unreasonably or has in substance acted for his own benefit rather than for the benefit of the fund: The Rules of the High Court (Cap 4A) O 62 r 6(2). See also Bare trustee; Beneficiary; Cestui que trust; Constructive Trustee; Co-trustee; Fiduciary; Passive trustee; Trust; Trustee appointment; Trustee corporation; Trustee de son tort ; Trustee in bankruptcy. |
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