| Commentary

61 Nominees and custodians

| Commentary

61 Nominees and custodians

The trustees may appoint a nominee or custodian with respect to the assets of the trust1. The appointment must be in writing or evidenced in writing2. A person cannot be appointed as a nominee or custodian unless he is3:

  1. 61.1

        carrying on a business which itself consists of or includes acting as a nominee or custodian; or

  2. 61.2

        a corporate body controlled4 by the trustees; or

  3. 61.3

        recognised under the Administration of Justice Act 1985 Section 9.

Subject to this, the trustees may appoint a trustee of the charity who is a trust corporation5 or two

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