The Recognition of Trusts Act 1987 (Overseas Territories) Order 1989

1. Introductory Text

2. 1. This Order may be cited as the Recognition of Trusts...

3. 2. (1) The Recognition of Trusts Act 1987 and the Schedule...

4. Signature

5. 1. SCHEDULE 1 TO THE ORDER

      THE RECOGNITION OF TRUSTS ACT 1987 AND THE SCHEDULE THERETO AS MODIFIED AND EXTENDED TO THE TERRITORIES SPECIFIED IN SCHEDULE 2 TO THE ORDER

      1. 1. (1) The provisions of the Convention set out in the...

      2. 3. (1) This Act may be cited as the Recognition of...

   2. SCHEDULE TO THE ACT

      CONVENTION ON THE LAW APPLICABLE TO TRUSTS AND ON THEIR RECOGNITION

      1. CHAPTER I – SCOPE

         1. ARTICLE 1

            1. This Convention specifies the law applicable to trusts and governs...

         2. ARTICLE 2

            1. For the purposes of this Convention, the term “trust” refers...

            2. A trust has the following characteristics —

            3. The reservation by the settlor of certain rights and powers,...

         3. ARTICLE 3

            1. The Convention applies only to trusts created voluntarily and evidenced...

         4. ARTICLE 4

            1. The Convention does not apply to preliminary issues relating to...

         5. ARTICLE 5

            1. The Convention does not apply to the extent that the...

      2. CHAPTER II – APPLICABLE LAW

         1. ARTICLE 6

            1. A trust shall be governed by the law chosen by...

            2. Where the law chosen under the previous paragraph does not...

         2. ARTICLE 7

            1. Where no applicable law has been chosen, a trust shall...

            2. In ascertaining the law with which a trust is most...

         3. ARTICLE 8

            1. The law specified by Article 6 or 7 shall govern...

            2. In particular that law shall govern —

         4. ARTICLE 9

            1. In applying this Chapter a severable aspect of the trust,...

         5. ARTICLE 10

            1. The law applicable to the validity of the trust shall...

      3. CHAPTER III – RECOGNITION

         1. ARTICLE 11

            1. A trust created in accordance with the law specified by...

            2. Such recognition shall imply, as a minimum, that the trust...

            3. In so far as the law applicable to the trust...

         2. ARTICLE 12

            1. Where the trustee desires to register assets, movable or immovable,...

         3. ARTICLE 14

            1. The Convention shall not prevent the application of rules of...

      4. CHAPTER IV – GENERAL CLAUSES

         1. ARTICLE 15

            1. The Convention does not prevent the application of provisions of...

         2. ARTICLE 16

            1. The Convention does not prevent the application of those provisions...

         3. ARTICLE 17

            1. In the Convention the word “law” means the rules of...

         4. ARTICLE 18

            1. The provisions of the Convention may be disregarded when their...

         5. ARTICLE 22

            1. The Convention applies to trusts regardless of the date on...

   3. SCHEDULE 2 TO THE ORDER

      1. Bermuda British Antarctic Territory Falkland Islands St Helena and Dependencies...

6. Explanatory Note