INTERNATIONAL TRUSTS ACT, 1994 (Act 26 of 1994)
PART XI
MISCELLANEOUS PROVISIONS
67. A trustee may apply to the court for directions as to how the trustee should or might act in any of the affairs of the international trust, and t he court may make such order as it thinks fit.
68.(1) On the application of any person interested, the court may -
(a) make an order in respect of -
(i) the execution, administration or enforce- ment of an international trust;
(ii) a trustee, including an order as to the exercise of any functions of the trustee, the appointment or the removal of a trustee, the remuneration or conduct of a trustee, the keeping and submission of accounts, and the making of payments whether into court or otherwise;
(iii) a beneficiary, or any other person connected with an international trust;
(iv) any trust property, including an order as to the vesting, preservation, application, surrender or recovery thereof;
(b) make a declaration as to the validity or enforceable of a trust;
(c) rescind or vary an order or declaration under this Act, or make a new or further order or declaration.
(2) Where the court appoints or removes a trustee under this section -
(a) it may impose such requirements and conditions as it thinks fit, including requirements and conditions as to the vesting of trust property;
(b) subject to the court's order, a trustee appointed by the court shall have the same functions, and may act in all respects, as if the trustee had been originally appointed a trustee.
69. Where a person does not comply with an order of the court under this Act requiring the person to do any thing, the court may, without prejudice to any action for contempt of court, order on such terms and conditions as it thinks fit, that the thing be done by another person, nominated for the purpose by the court, at the expense of the person in default (or otherwise, as the court directs), and a thing so done shall have effect in all respects as if done by the person in default.
70. The court may order the costs and expenses of, and incidental to, an application to the court under this Act to be paid from the trust property or in such other manner and by such persons as it thinks fit.
71. (1) Subject to subsection (2) -
(a) the interest of a trustee in the trust property is limited to that which is necessary for the proper performance of the trust; and
(b) the trust property does not form part of the trustee's estate.
(2) Where a trustee of a trust is also a beneficiary thereof, subsection (1) does not apply to the trustee's interest as a beneficiary.
72. Without prejudice to the personal liability of a trustee, trust property which has been charged or dealt with in breach of trust, or the property into which the trust property has been converted, may be followed and recovered unless -
(a) it is no longer identifiable;
(b) it is in the hands of a bona fide purchaser for value without notice of the breach of trust or of any other defect in the title;
(c) it has been charged in favour of a person who bona fide acquired rights therein for value and without notice of the breach of trust or of any other defect in the title;
(d) a person, other than the trustee, derived title therein through a bona fide purchaser or chargeholder for value without notice of the breach of trust or the defect.
73. Where a trustee becomes bankrupt or upon the property of a trustee becoming liable to arrest, seizure, forfeiture, expropriation or similar process of law, the trustee's creditors shall have no recourse against the trust property except to the extent that the trustee has a claim against or a beneficial interest in the trust property.
74. (1) A bona fide purchaser for value without notice of a breach of trust -
(a) may deal with a trustee in relation to the trust property as if the trustee were the beneficial owner of the property; and
(b) is not affected by the trust on which the property is held.
(2) A person paying or advancing money to a trustee is not concerned to see -
(a) that the money is wanted;
(b) that no more than is wanted is raised; or
(c) that the transaction or the application of the money is proper.
75. (1) On appointment, a resident trustee of an international trust shall submit to the Authority -
(a) a declaration that -
(i) the settlor of the trust is not a resident of Seychelles;
(ii) the trust property does not include any immovable property situated in Seychelles;
(iii) the trust the trustee holds qualifies as an international trust.
(b) the prescribed fees.
(2) The Authority shall -
(a) file the declaration in a Register of International Trusts;
(b) give the declaration a reference number;
(c) notify the resident trustee of the registration of the declaration and of the registration number, and
(3) The registration number of a declaration of trust under this section of an international trust shall be the reference by which the international trust shall be identified and may be used officially to refer to the international trust.
76. A declaration of trust shall not contain any mention of -
(a) the name of the settlor;
(b) the name of the beneficiary, unless the beneficiary is a Seychellois or a body corporate resident in Seychelles.
77. A resident trustee who -
(a) provides in a declaration of trust any false information, or information misleading in any material particular;
(b) fails to submit a declaration in respect of an international trust;
(c) knowingly declares that a trust qualifies as an international trust when it does not by reason of -
(i) the domicile of the settlor;
(ii) the location of the trust property,
is guilty of an offence and on conviction liable to a fine of R200,000 and to imprisonment for 10 years.
78. (1) The Authority for the purposes of this Act shall be -
(a) a person designated by the Minister by notice published in the Gazette; or
(b) a body corporate constituted under subsection (2).
(2) The Minister may by Order published in the Gazette constitute an Authority which shall be a body corporate consisting of such number of persons as may be specified in the Order.
(3) An order under subsection (2) may provide for the name, registered address, meetings, finance, staff, administration, management and any other matter necessary for carrying out the functions of the Authority.
(4) Where under subsection (1)(a) the Minister designates an individual as the Authority, the Minister shall provide the Authority with the necessary staff, office accommodation and other matter necessary for carrying out the functions of the Authority.
79. (1) Notwithstanding any other written law but subject to subsection (2), the period of limitation or prescription shall not apply to an action brought by a person interested against a trustee -
(a) in respect of any fraud to which the trustee was a party or was privy; or
(b) to recover from the trustee trust property or the proceeds thereof -
(i) held by or vested in the trustee or otherwise in the trustee's possession or under the trustee's control; or
(ii) previously received by the trustee and converted to the trustee's use.
(2) Subject to subsection (3), the period within which an action founded on breach of trust may be brought against a trustee by a beneficiary is -
(a) three years from delivery of the final accounts of the trust to the beneficiary; or
(b) three years from the date on which the beneficiary first has knowledge of the breach of trust,
whichever period first begins to run.
(3) Where the beneficiary is a minor or a person under legal disability, the period referred to in subsection (2) does not begin to run until the beneficiary's minority or disability, as the case may be, ceases.
80. (1) The Minister may make such regulations as the Minister thinks fit for the purposes of this Act.
(2) The regulations under subsection (1) may provide for fees and levying of charges.
(3) Where the Minister amends any regulations made under subsection (1) for the purposes of increasing any fees or charges, the increased fees or charges shall not have effect with respect to a trust in respect of which a declaration has been registered under section 75 at the time of the coming into force of the amendment.
Short title and commencement
Interpretation
Application of the Act
International Trust
Validity of international trust
Proper law of international trust
Jurisdiction of Court
Confidentiality
Avoidance of international trust
Forced heirship
Act 13 of 1975
Duration of international trust
Accumulation of income
Charitable international trust
Purpose international trust
Trust property
Creation of international trust
Beneficiaries of an international trust
Disclaimer of beneficial interest
Nature of beneficial interest
Enforcement of international trust
Effect of invalidity on property
New or additional trustees
Number of trustees
Acceptance by trustees
Resignation or removal
Fiduciary duties
Duty to preserve trust property
Duty to keep accounts
Duty not to profit
Duty to keep trust property separate
Duty to give information
Duty of co-trustees
Impartiality of trustees
Powers of trustees
Powers to sue
Consultation by trustees
Maximum period of delegation
Delegation by trustees
Remuneration of trustees
Non-disclosure by trustee
Body corporate acting as trustee
Power to appropriate
Liability for breach of trust
Saving from liability
Relief by beneficiary
Trustees of more than one trust
Dealings with third parties
Outgoing trustees
Constructive trusts
Protective trusts
Class interests
Power of variation
Accumulation and advancement
Power of appointment
Power of revocation
Permitted investments
Termination of international trust
Failure or lapse of interest
Appointment of resident trustee
Power to relieve trustee from liability
Power to make beneficiary indemnify
Variation of international trust
Approval of transactions
Special provisions on charitable international trust
General power to vary
Notification of person with material interest
Enforceability of foreign trust
General powers of Court
Application to Court
Payment of costs
Following trust property
in case of default
Nature of trustee's interest
Protection of person dealing with trustees
Bankruptcy of trustees
Declaration and its registration
Offence in relation to declaration
Particulars of Declaration
Authority
Limitation period for action against trustees
Regulations