Splitting Powers of Management in the Unit Trust continue…

Posted on May 28th, 2008 in Trust Funds | 6 Comments »

In respect of the manager, the following functions and duties are conferred explicitly or implicitly by the statutory provisions or trust deeds:

(1) Dealer in units.

One of the attractions of a unit trust is liquidity. The manager has since the early days of the unit trust been the provider of a ready market for the acquisition and disposal of units of schemes under its management. Under the Financial Services (Regulated Schemes) Regulations 1991, the manager must at all times during the dealing day be willing to issue units and be willing to redeem units. Similar provisions may also be found in trust deeds of non-authorized unit trusts. Read the rest of this entry »

Splitting Powers of Management in the Unit Trust

Posted on May 28th, 2008 in Trust Funds | 5 Comments »

(1) Statutory Allocation of Powers and Duties

Against this background, a structure of dual administration in the unit trust is a logical step in the functional specialization of the powers and responsibilities previously found in the single person of the trustee. The unit trust was in the forefront of this development. The first regulation of unit trusts in the United Kingdom in 1939 made the trustee-manager structure a model for the management of unit trusts. This model was adopted by many statutes of common law countries and was followed closely by unregulated schemes. Read the rest of this entry »

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