Trust Resolutions

Discussion in 'Legal Issues' started by money, 18th Jun, 2019.

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  1. money

    money Well-Known Member

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    When a trust makes a resolution, can the resolution documentation of the meeting be signed by only one trustee? Say for example there are 3 trustees in total.
     
  2. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    A trust can't make a resolution, only a trustee can.

    What does the trust deed say?
     
  3. money

    money Well-Known Member

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    It says the below:

    10: Trustee - Determinations

    Section A: Any determination or exercise by the Trustee of any power discretion or authority conferred on the Trustee of the Deed may be made;
    (a) by oral declaration of the Trustee or resolution of the Trustee recorded in the records or minutes of the Trustee; or
    (b) in writing signed by the Trustee.


    So based on the above it doesn't mention if all trustees need to sign or just one is sufficient.
     
  4. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Trustees must act jointly as it is one office, unless the deed permits otherwise. But this doesn't necessarily mean all trustees have to sign documents.

    Best to seek legal advice.
     
  5. money

    money Well-Known Member

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    Ok thanks Terry :)
     
  6. thydzik

    thydzik Well-Known Member

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    What I have seen is the trustees attend the resolution meeting, and agree the chairperson sign's the minutes.
     
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