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Chapter Law Content

Title: Trust Law CH
Category: Ministry of Justice(法務部)
Chapter V Trust Supervisor
Article 52
If no beneficiary is specified or exists or if protection of the rights and interests of the beneficiary is deemed necessary, the court may, upon application of the interested party or the prosecutor, appoint one or more trust supervisors unless the trust supervisor or how the supervisor is to be appointed is otherwise provided in the trust act.
A trust supervisor may, in his own name, perform any trust-related litigious or non-litigious acts for and on behalf of the beneficiary.
A beneficiary shall have the right to request a trust supervisor to perform the acts described in the preceding paragraph.
Article 53
A person, who is a minor, who has become subject to the order of the commencement of guardianship or assistantship, or who is announced bankrupt, shall not serve as a trust supervisor.
Article 54
A trust supervisor shall perform his duties with the care of a prudent administrator.
Article 55
If there is more than one trust supervisor, the duties of such trust supervisors shall not be performed without the majority consent of all the trust supervisors unless the court has otherwise appointed one of the trust supervisors to perform the duties or unless the trust act provides otherwise; provided that custody of the trust property may be effected independently.
Article 56
The court may, upon the application of the trust supervisor, pay out of the trust property appropriate compensation to the trust supervisor, taking into consideration the complexity of the duties performed by the supervisor and the condition of the trust property, unless the trust act provides otherwise.
Article 57
A trust supervisor with legitimate causes may resign with the approval of the person who designates or appoints him or with the approval of the court.
Article 58
A trust supervisor may be removed by the person who designates or appoints him if he is liable for negligence of his duties or upon the occurrence of any material event. The trust supervisor may also be removed by the court upon application of the interested party or the prosecutor.
Article 59
Upon the resignation or removal of a trust supervisor, the person who designates or appoints him may appoint a new trust supervisor. The court may also, upon application of the interested party or the prosecutor, appoint a new trust supervisor if a trust supervision cannot be appointed or if no trust supervisor is appointed.
The preceding paragraph shall apply mutatis mutandis if the trust supervisor refuses or fails to accept the appointment.