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← Labuan Offshores Trusts Act 1996

Labuan Offshores Trusts Act 1996 s 52

Labuan Offshores Trusts Act 1996 s 52

s 52 Limitation of action

(1) No period of limitation or prescription under any law shall apply to an action brought against a trustee— (a) in respect of any fraud or criminal breach of trust to which the trustee or, in the case of a trust company acting as trustee, any of its officers or employees was a party or privy; or (b) for the recovery from the trustee or, in the case of a trust company acting as trustee, any of its officers or employees, of trust property or the proceeds thereof in his possession or control or previously received by him and converted to his use. (2) Subject to subsection (1), no action may be brought against a trustee by a beneficiary for any breach of trust after the expiration of six years— (a) commencing from the date of the delivery of the final accounts of the trust to the beneficiary; or (b) commencing from the date on which the beneficiary first had knowledge of the occurrence of the breach of trust, whichever is the earlier date. (3) Where the beneficiary is a minor or is under any legal disability, the periods referred to in subsection (2) shall not begin to run until the day on which the beneficiary ceases to be a minor or his legal disability ceases. (4) The periods mentioned in this section shall be interrupted if a claim or action is filed in the competent court and served on the trustee before the expiration of the periods.

Read this section in the full act → · Open Part V →

Find Act 554 on lom.agc.gov.my ↗

Text as at 1 January 2006 (LOM reprint); amendments made after that date may not be incorporated.

Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).

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