s 41 Confidentiality in relation to trusts
(1) Subject to the terms of the trust and to any order of the Court given on special and exceptional grounds, a trustee or any other person shall not be required to disclose to any person any document or information which discloses— (a) his deliberations as to how he should exercise or has exercised his functions as trustee; (b) the reasons for any decision made in the exercise of those functions; (c) any material upon which such a decision was or might have been based; (d) any part of the accounts of the trust; or (e) any letter of wishes given by the settlor or beneficiary. (2) Notwithstanding subsection (1), where a request for the disclosure of any document or information relating to or forming part of the accounts of the trust is made by a beneficiary under the trust or, in the case of a trust for a charitable purpose, by a charity referred to by name in the trust instrument as a beneficiary under the trust, the trustee shall be obliged to disclose the document or other information requested. (3) Except as is required, permitted or otherwise provided by this Act, or by the terms of the trust or as may be necessary for the purposes of the trust, and notwithstanding the provisions of any other law— (a) every trustee and every other person shall at all times regard and deal with all documents and information relating to a trust as secret and confidential; (b) no trustee or other person shall at any time be required to produce to or before any court, tribunal, board, committee of inquiry or any other authority or to divulge to any such authority any matter or thing coming to his notice or being in his possession for any reason, where such matter or thing relates to a trust. (3) Any trustee or other person who, except as is required, permitted or otherwise provided by this Act, or by the terms of the trust or by the Court, at any time communicates or attempts to communicate any matter or thing relating to a trust to any person shall be guilty of an offence. Penalty: Imprisonment for five years or thirty thousand ringgit or both.