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  • Issue 62 - Trustee Exemption Clauses Financial Market Law Committee - Fmlc

Get Issue 62 - Trustee Exemption Clauses Financial Market Law Committee - Fmlc

May 2004 FINANCIAL MARKETS LAW COMMITTEE ISSUE 62 TRUSTEE EXEMPTION CLAUSES Analysis of the role of the trustee in the wholesale financial markets and of the proposals contained in the Law Commissions.

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Exemption clause excludes liability For example, the management of a company may include exemption clause such as “ The management shall not be liable for any death or personal injuries caused by any act, negligence, careless, reckless of omission by the employee, servants, agents whomsoever” in a contract.

A typical trustee exemption clause may read as follows: No Trustee shall be liable for any loss or damage which may happen to the Trust Fund...at any time or from any cause whatsoever unless such loss or damage shall be caused by his own actual fraud.

Trust deeds must not limit or exclude a Trustee's liability or indemnify them for any breach of trust arising from the Trustee's dishonesty, wilful misconduct, or gross negligence. The purpose of this is to ensure beneficiaries have the ability to hold Trustees personally accountable for certain misconduct.

Under this Deed you (the Trustees) can exclude a Beneficiary or class of Beneficiaries from the Trust. This Deed can only be used where the Trustees are given this power under the Trust. The Deed cannot be used to take away any interests to which a Beneficiary has already become absolutely entitled.

An exemption clause is a contractual modification to the common law rule as to risk; a “shield” if you will, absolving one party, either wholly or partially from an obligation or liability which would or could arise at common law under a contract.

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© Copyright 1997-2025
airSlate Legal Forms, Inc.
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Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
Privacy Notice
Legal Hub
Content Takedown Policy
Bug Bounty Program
About Us
Blog
Affiliates
Contact Us
Delete My Account
Site Map
Industries
Forms in Spanish
Localized Forms
State-specific Forms
Forms Kit
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate WorkFlow
DocHub
Instapage
Social Media
Call us now toll free:
+1 833 426 79 33
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232