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Anand   26 October 2019

Amending private family trust deed

We have a private family trust that was formed in 1984 with some property as its nucleus. The trust has 9 trustees. The trust deed has following written under "Power of Board of Trustees"

"To make necessary bylaws, rules and regulations for the management of the affairts of the trust or the said bylaws etc,"'

Under the heading "Board Meeting"

"Courum for the meeting is 5 and decisions in those meetings will be by simple majority"

With the above being said, Would someone be kind enough to answer the following;

1. Can the trust deed be amended by the board of trustees with simple majority (and courum of 5 trustees minimum) or do we need the consent of all the nine trustees to amend the trust deed?

2. bylaws of the trust refer to the trust deed or is it referring to some other document that has to be maintained by the trust

 



Learning

 2 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     26 October 2019

Ji, (1) with corrum of 5 trustees is sufficient to make an amendment. (2) Trust deed.

Real Soul.... (LEGAL)     27 October 2019

Yes if the courum id of atleast five members and amjority of members are in suppourt of amending then certainly it can be amended.


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