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Public Trustee Act 1979
24Operation of common funds
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24 Operation of common funds
(1) The Public Trustee must keep an account showing the amount in a
common fund for the time being standing to the credit of each
investor in the fund.
(2) The Public Trustee may realise an investment in which money from
a common fund has been invested and reinvest that money in
another investment of a class in which the common fund may be
invested.
(3) The Public Trustee may withdraw from a common fund an amount
standing to the credit of an estate or trust for any of the following
purposes:
(a) reinvestment;
(b) defraying liabilities that are lawfully chargeable against the
estate or trust;
(c) making a payment to a person who is beneficially entitled to
that payment;
(d) making any other payment in accordance with this or any
other Act.
(4) The Public Trustee must, after deducting the commission, fees,
levies, charges and expenses charged against the common fund:
(a) divide income arising from investment of a common fund
between the investors in proportion to the amounts invested
and the period of each investment; and
(b) divide profit or loss of a capital nature arising from investment
of a common fund between the investors in proportion to the
amounts invested.
(5) The Public Trustee:
(a) must value each common fund (including the investments in
which the fund is invested) as at the first business day of each
month; and
Part V Investment of estate funds and common funds
Public Trustee Act 1979 13
(b) may value any of those funds as at any other time that the
Public Trustee considers appropriate having regard to the
nature of the fund.
(6) Investments in and withdrawals from a common fund are to be
effected on the basis of the most recent valuation under
subsection (5).