Section 33: Disclosure by trustee

33. Disclosure by trustee (1) Subject to the other provisions of this section, a trustee shall, on receipt of a request, provide accurate information as to the state and amount of the trust property and the conduct of the trust administration— (a) to the Court; (b) to the settlor, enforcer, or protector of the trust, unless the trustee has reason to believe that such person is making the request under duress; (c) where the terms of the trust so authorise— (i) to any beneficiary of the trust of full age who has legal capacity and having a vested interest in the trust; (ii) to any charity for the benefit of which the trust was established. (2) Except where ordered by the Court or a Judge in Chambers for a reason specified in subsection (3), a trustee shall keep as confidential and shall not be required to disclose to any person not legally entitled to it under subsection (1), or be required to produce or divulge to any Court, tribunal, committee of enquiry or other authority in Mauritius or elsewhere, any information or document in his possession or under his control relating to— (a) the state and amount or any other details of the trust property; (b) the conduct of the trust administration; (c) the trustee’s deliberations as to the manner in which a power or discretion was exercised, or a duty conferred or imposed by the law or by the terms of the trust was performed; (d) the reason for any particular exercise of such power or discretion or performance of duty or the material upon which such reason will be or might have been based; or (e) the exercise or proposed exercise of such power or discretion or the performance or proposed performance of such duty. (3) Notwithstanding any other enactment, the Court or the Judge in Chambers shall not make an order for disclosure or production of any confidential information referred to in subsection (2) except on the application of the Director of Public Prosecutions and on proof beyond reasonable doubt that the confidential information is bona fide required for the purpose of any enquiry or trial into or relative to— (a) the trafficking of narcotics and dangerous drugs and to the proceeds of such trafficking, contrary to the Dangerous Drugs Act or money laundering under the Financial Intelligence and Anti-Money Laundering Act; T22 – 19 [Issue 1] Trusts Act (b) any act done otherwise than in Mauritius which, if done in Mauritius, would have constituted an offence of trafficking or money laundering under the Financial Intelligence and Anti-Money Laundering Act. (4) This section shall be without prejudice to— (a) the obligations of Mauritius under any international treaty, convention or agreement, and to the obligations of any public sector agency under any international arrangement or concordat; (b) such disclosure as is necessary for the purpose of administering this Act and the Financial Services Act, or of discharging a function under these enactments. (5) Where on application by a person having an interest in the trust, the Court is satisfied that the disclosure is bona fide required for the purpose of any civil proceedings, the Court may order the disclosure of information or document or part of it, subject to such conditions as it thinks fit to impose for the purpose of protecting the information or document so obtained from abuse.