sec.17Persons having dealings with trust etc.

### sec.17 Persons having dealings with trust etc. A person having dealings with the trust is entitled to make the assumptions mentioned in subsection (3) and, in a proceeding in relation to the dealings, any assertion by the trust that the matters that the person is entitled to assume were not correct must be disregarded. A person having dealings with a person who has acquired, or purports to have acquired, title to property from the trust (whether directly or indirectly) is entitled to make the assumptions mentioned in subsection (3) and, in a proceeding in relation to the dealings, any assertion by the trust or the second person that the matters that the first person is entitled to assume were not correct must be disregarded. The assumptions that a person is, because of subsection (1) or (2) , entitled to make are— that, at all relevant times, this Act has been complied with; and that a person who is held out by the trust to be an officer or agent of the trust has been properly appointed and has authority to exercise the powers and perform the functions customarily exercised or performed by an officer or agent of the kind concerned; and that an officer or agent of the trust who has authority to issue a document on behalf of the trust has authority to warrant that the document is genuine and that an officer or agent of the trust who has authority to issue a certified copy of a document on behalf of the trust has authority to warrant that the copy is a true copy; and that a document has been properly sealed by the trust if— it bears what appears to be an imprint of the trust’s seal; and the sealing of the document appears to be authenticated by a person who, because of paragraph (b) , may be assumed to be an officer or agent of the trust; and that the officers and agents of the trust have properly performed their duties to the trust. However, a person is not entitled to assume a matter mentioned in subsection (3) if— the person has actual knowledge that the assumption would be incorrect; or because of the person’s connection or relationship with the trust, the person ought to know that the assumption would be incorrect. If, because of subsection (4) , a person is not entitled to make a particular assumption— if the assumption is in relation to dealings with the trust— subsection (1) does not apply to any assertion by the trust in relation to the assumption; or if the assumption is in relation to an acquisition or purported acquisition from the trust of title to property— subsection (2) does not apply to any assertion by the trust or another person in relation to the assumption. In this section— officer , of the trust, means— a member; or the director; or an employee of the trust. s 17 ins 1997 No. 79 s 55 (sec.17-ssec.1) A person having dealings with the trust is entitled to make the assumptions mentioned in subsection (3) and, in a proceeding in relation to the dealings, any assertion by the trust that the matters that the person is entitled to assume were not correct must be disregarded. (sec.17-ssec.2) A person having dealings with a person who has acquired, or purports to have acquired, title to property from the trust (whether directly or indirectly) is entitled to make the assumptions mentioned in subsection (3) and, in a proceeding in relation to the dealings, any assertion by the trust or the second person that the matters that the first person is entitled to assume were not correct must be disregarded. (sec.17-ssec.3) The assumptions that a person is, because of subsection (1) or (2) , entitled to make are— that, at all relevant times, this Act has been complied with; and that a person who is held out by the trust to be an officer or agent of the trust has been properly appointed and has authority to exercise the powers and perform the functions customarily exercised or performed by an officer or agent of the kind concerned; and that an officer or agent of the trust who has authority to issue a document on behalf of the trust has authority to warrant that the document is genuine and that an officer or agent of the trust who has authority to issue a certified copy of a document on behalf of the trust has authority to warrant that the copy is a true copy; and that a document has been properly sealed by the trust if— it bears what appears to be an imprint of the trust’s seal; and the sealing of the document appears to be authenticated by a person who, because of paragraph (b) , may be assumed to be an officer or agent of the trust; and that the officers and agents of the trust have properly performed their duties to the trust. (sec.17-ssec.4) However, a person is not entitled to assume a matter mentioned in subsection (3) if— the person has actual knowledge that the assumption would be incorrect; or because of the person’s connection or relationship with the trust, the person ought to know that the assumption would be incorrect. (sec.17-ssec.5) If, because of subsection (4) , a person is not entitled to make a particular assumption— if the assumption is in relation to dealings with the trust— subsection (1) does not apply to any assertion by the trust in relation to the assumption; or if the assumption is in relation to an acquisition or purported acquisition from the trust of title to property— subsection (2) does not apply to any assertion by the trust or another person in relation to the assumption. (sec.17-ssec.6) In this section— officer , of the trust, means— a member; or the director; or an employee of the trust. - (a) that, at all relevant times, this Act has been complied with; and - (b) that a person who is held out by the trust to be an officer or agent of the trust has been properly appointed and has authority to exercise the powers and perform the functions customarily exercised or performed by an officer or agent of the kind concerned; and - (c) that an officer or agent of the trust who has authority to issue a document on behalf of the trust has authority to warrant that the document is genuine and that an officer or agent of the trust who has authority to issue a certified copy of a document on behalf of the trust has authority to warrant that the copy is a true copy; and - (d) that a document has been properly sealed by the trust if— (i) it bears what appears to be an imprint of the trust’s seal; and (ii) the sealing of the document appears to be authenticated by a person who, because of paragraph (b) , may be assumed to be an officer or agent of the trust; and - (i) it bears what appears to be an imprint of the trust’s seal; and - (ii) the sealing of the document appears to be authenticated by a person who, because of paragraph (b) , may be assumed to be an officer or agent of the trust; and - (e) that the officers and agents of the trust have properly performed their duties to the trust. - (i) it bears what appears to be an imprint of the trust’s seal; and - (ii) the sealing of the document appears to be authenticated by a person who, because of paragraph (b) , may be assumed to be an officer or agent of the trust; and - (a) the person has actual knowledge that the assumption would be incorrect; or - (b) because of the person’s connection or relationship with the trust, the person ought to know that the assumption would be incorrect. - (a) if the assumption is in relation to dealings with the trust— subsection (1) does not apply to any assertion by the trust in relation to the assumption; or - (b) if the assumption is in relation to an acquisition or purported acquisition from the trust of title to property— subsection (2) does not apply to any assertion by the trust or another person in relation to the assumption. - (a) a member; or - (b) the director; or - (c) an employee of the trust.