Duties of trustee in respect of power of investment
6 Duties of trustee in respect of power of investment
Subject to the instrument creating the trust, a trustee shall, in exercising a power of investment:
if the trustee's profession, business or employment is or includes acting as a trustee or investing money on behalf of other persons, exercise the care, diligence and skill that a prudent person engaged in that profession, business or employment would exercise in managing the affairs of other persons; or
if the trustee is not engaged in such a profession, business or employment, exercise the care, diligence and skill that a prudent person of business would exercise in managing the affairs of other persons.
A trustee shall, in exercising a power of investment, comply with any provision of the instrument creating the trust that is binding on the trustee and requires the obtaining of a consent or approval or compliance with any direction with respect to trust investments.
Subject to the instrument creating the trust, a trustee shall, not less than once in each year, review the performance (individually and as a whole) of trust investments.
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