Section 21: Enforcers
consolidated text (as at 2012, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
21. Enforcers
(1) There shall be appointed under the terms of a purpose trust an enforcer whose duty shall be to enforce the trust in accordance with its terms
and purposes.
(2) No person shall at any time act as both trustee and enforcer of the
same trust.
(3) An appointment as enforcer shall be of no effect unless the appointment has been accepted by the enforcer, and in the case of a purpose trust
created by a Mauritian national, the appointment has been approved by the
Commission.
(4) An enforcer shall not—
(a) place himself in a position which may conflict with his duties to
enforce the purposes of the trust;
(b) derive directly or indirectly any profit by reason of his appointment other than any reasonable fee for his service and for any
reasonable expenses which he may have incurred in the discharge of his duties;
(c) enter on his own account into any dealing with the trustee of
the purpose trust or in relation to the trust property of the purpose trust of which he is an enforcer.
(5) An enforcer may resign his office and his resignation shall take effect
on the delivery of notice in writing to the trustee of the purpose trust.
(6) An enforcer shall be provided, in addition with any documents, accounts or other information to which he may be entitled under the terms of
the purpose trust, with—
(a) annual accounts of the trust;
(b) copies of the trust instrument setting up the purpose trust and
any deed or documents referred to in the instrument; and
(c) legal opinions and advice received by the trustees.
(7) The resignation of an enforcer shall not release the enforcer from any
liability in relation to the trust arising before his resignation.
(8) An enforcer shall cease to act as enforcer of the trust—
(a) as from the effective date of his resignation;
[Issue 1] T22 – 12
Revised Laws of Mauritius
(b) by virtue of any term in the trust which has as effect the termination of his appointment as enforcer;
(c) upon his removal by the Court; or
(d) as from the date on which he takes appointment as trustee of
the same trust.