单词 | Trust property |
释义 | 信託財產 1. Property that forms the subject of a trust. It may be real or personal, corporeal or incorporeal, tangible or intangible, a chose in possession or chose in action, and legal or equitable. The trust property or trust estate must be vested in the trustee, whether the property is a legal estate, a legal right or an equitable interest where the legal title is vested in some other person: Knight v Bowyer (1857) 23 Beav 609. Property held in trust by a bankrupt for another person is not divisible property in a bankruptcy: Bankruptcy Ordinance (Cap 6) s 43. Where trust property is in jeopardy by reason of the trustee’s conduct or his death or incapacity or bankruptcy, a receiver may be appointed, and an injunction may be granted to restrain the trustee from further acting in the trust, or a writ of possession or delivery may be obtained (The Rules of the High Court (Cap 4A) O 45 rr 3, 4), or the property may be ordered to be brought into court (Re Carroll, Brice v Carroll [1902] 2 Ch 175). 2. In relation to a unit trust scheme, it means property subject to the trusts of the trust instrument: Stamp Duty Ordinance (Cap 117) s 30. The trustees of a unit trust scheme shall keep a record showing the number of units under the scheme representing the trust property, and from time to time as soon as any change occurs in the amount of such property they shall enter in the record the alteration in the number consequential on such change: s 31. See also Bankrupt; Chose in action; Chose in possession; Divisible property; Property; Trust. |
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