12BLoans and investments by trustees

### 12B Loans and investments by trustees > [*\[Section 12B Inserted by No. 64 of 1997, s. 4, Applied:01 Apr 1998\]*](/view/html/inforce/1998-04-01/act-1997-064#GS4@EN) > > > (1)  If a trustee lends money on the security of property, the trustee is not in breach of trust by reason only of the amount of the loan in comparison to the value of the property at the time when the loan was made, if – > > > > > > (a) it appears to the court – > > > > > > > > > > (i) that, in making the loan, the trustee was acting on a report as to the value of the property made by a person whom the trustee reasonably believed to be competent to give such a report and whom the trustee instructed and employed independently of any owner of the property; and > > > > > > > > > > > (ii) that the amount of the loan did not exceed two-thirds of the value of the property as stated in the report; and > > > > > > > > > > > (iii) that the loan was made in reliance on the report; or > > > > > > > (b) the trustee is properly insured by an insurer carrying on the business of insurance against all loss that may arise by reason of the default of the borrower. > > > (2)  If a trustee lends money on the security of leasehold property, the trustee is not in breach of trust by reason only that the trustee dispensed, either in whole or in part, with the production or investigation of the lessee's title when making the loan. > > > (3)  This section applies to transfers of existing securities as well as to new securities and to investments made before or after the commencement of this section.