sec.25AHolding property on trust for unincorporated juridical person

### sec.25A Holding property on trust for unincorporated juridical person This section applies if an incorporated church entity holds property under canon law on behalf of a juridical person who is not an incorporated church entity (an unincorporated juridical person ). The incorporated church entity holds the property on trust for— if the property held under subsection (1) is given for a specific trust purpose of the unincorporated juridical person—the specified purpose; or if no purpose is specified—the religious, educational and charitable purposes of the unincorporated juridical person. The incorporated church entity may exercise any of the powers of an incorporated church entity under section 25 as a trustee for the benefit of the unincorporated juridical person, in accordance with— canon law; and a law of the State or the general law. In proceedings against a trustee involving either of the following, the trustee’s liability is limited to the value of the property held on trust for the unincorporated juridical person— the property held on trust under this section; the transactions or activities conducted as trustee for the unincorporated juridical person. However, subsection (4) does not apply to a trustee who acts fraudulently in exercising the powers of a trustee. It is sufficient compliance with the Property Law Act 2023 , section 8 (2) , if the trustee issues a written certificate that complies with subsection (7) to record the following— the property is held on trust by the incorporated church entity; the unincorporated juridical person for which the incorporated church entity holds the property on trust; details of the transactions or activities conducted as trustee for the unincorporated juridical person. A certificate mentioned in subsection (6) must be executed by the seal of the incorporated church entity or signed by a person authorised by the incorporated church entity for that purpose. The trustee must make a copy of the certificate mentioned in subsection (6) available to a person on request. s 25A ins 2013 No. 62 s 52 amd 2023 No. 27 s 289 sch 3 (sec.25A-ssec.1) This section applies if an incorporated church entity holds property under canon law on behalf of a juridical person who is not an incorporated church entity (an unincorporated juridical person ). (sec.25A-ssec.2) The incorporated church entity holds the property on trust for— if the property held under subsection (1) is given for a specific trust purpose of the unincorporated juridical person—the specified purpose; or if no purpose is specified—the religious, educational and charitable purposes of the unincorporated juridical person. (sec.25A-ssec.3) The incorporated church entity may exercise any of the powers of an incorporated church entity under section 25 as a trustee for the benefit of the unincorporated juridical person, in accordance with— canon law; and a law of the State or the general law. (sec.25A-ssec.4) In proceedings against a trustee involving either of the following, the trustee’s liability is limited to the value of the property held on trust for the unincorporated juridical person— the property held on trust under this section; the transactions or activities conducted as trustee for the unincorporated juridical person. (sec.25A-ssec.5) However, subsection (4) does not apply to a trustee who acts fraudulently in exercising the powers of a trustee. (sec.25A-ssec.6) It is sufficient compliance with the Property Law Act 2023 , section 8 (2) , if the trustee issues a written certificate that complies with subsection (7) to record the following— the property is held on trust by the incorporated church entity; the unincorporated juridical person for which the incorporated church entity holds the property on trust; details of the transactions or activities conducted as trustee for the unincorporated juridical person. (sec.25A-ssec.7) A certificate mentioned in subsection (6) must be executed by the seal of the incorporated church entity or signed by a person authorised by the incorporated church entity for that purpose. (sec.25A-ssec.8) The trustee must make a copy of the certificate mentioned in subsection (6) available to a person on request. - (a) if the property held under subsection (1) is given for a specific trust purpose of the unincorporated juridical person—the specified purpose; or - (b) if no purpose is specified—the religious, educational and charitable purposes of the unincorporated juridical person. - (a) canon law; and - (b) a law of the State or the general law. - (a) the property held on trust under this section; - (b) the transactions or activities conducted as trustee for the unincorporated juridical person. - (a) the property is held on trust by the incorporated church entity; - (b) the unincorporated juridical person for which the incorporated church entity holds the property on trust; - (c) details of the transactions or activities conducted as trustee for the unincorporated juridical person.