689. Liability of trustees of debentures
Past version: effective from 21/10/2015 - 20/10/2015
To view other versions open the versions tab on the right
(1) Any provision contained in —
(a) a trust deed for securing an issue of debentures, or
(b) any contract with the holders of debentures secured by a trust deed,
is void in so far as it would have the effect of exempting a trustee of the deed from, or indemnifying him against, liability for breach of trust where he fails to show the degree of care and diligence required of him as trustee, having regard to the provisions of the trust deed conferring on him any powers, authorities or discretions.
(2) Subsection (1) does not invalidate —
(a) a release otherwise validly given in respect of anything done or omitted to be done by a trustee before the giving of the release,
(b) any provision enabling such a release to be given —
(i) on being agreed to by a majority of not less than 75% in value of the debenture holders present and voting in person or, where proxies are permitted, by proxy at a meeting summoned for the purpose, and
(ii) either with respect to specific acts or omissions or on the trustee dying or ceasing to act."