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TRUSTEE ACT 1925 - SECT 14A
Duties of trustee in respect of power of investment
14A Duties of trustee in respect of power of investment
(1) This section has effect subject to the instrument (if any) creating the
trust.
(2) A trustee must, in exercising a power of investment-- (a) if the
trustee's profession, business or employment is or includes acting as a
trustee or investing money on behalf of other persons, exercise the care,
diligence and skill that a prudent person engaged in that profession, business
or employment would exercise in managing the affairs of other persons, or
(b)
if the trustee is not engaged in such a profession, business or employment,
exercise the care, diligence and skill that a prudent person would exercise in
managing the affairs of other persons.
Note : Some Acts deem investments
under the Acts to be investments that satisfy the prudent person test. See,
for example, section 6.3 of the Government Sector Finance Act 2018 .
(3) A
trustee must exercise a power of investment in accordance with any provision
of the instrument (if any) creating the trust that is binding on the trustee
and requires the obtaining of any consent or approval with respect to trust
investments.
(4) A trustee must, at least once in each year, review the
performance (individually and as a whole) of trust investments.
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