Misuse of trust property
17 Misuse of trust property
A partner in a firm other than an incorporated limited partnership is not liable for the misuse of any trust property for the firm by a trustee of the trust who is another partner in the firm.
An incorporated limited partnership or general partner in the partnership is not liable for the misuse of any trust property for the partnership by a trustee of the trust who is another general partner in the partnership.
Subsection (1) or (2) does not:
affect any liability of a partner in the firm incurred because the partner knew about a breach of the trust; and
prevent the tracing and recovery of the trust property from the firm.
This Act’s bill:Second reading speech
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