Power to registered head or representative to nominate trustee and to apply for the registration of the trust in certain cases
40 Power to registered head or representative to nominate trustee and to apply for the registration of the trust in certain cases
If there is property legally or equitably subject to and available for any trust in connexion with a religious denomination having a registered head or representative or in connexion with some particular congregation church or section of such denomination and whether for religious educational or charitable purposes there is no trustee for the purposes of such trust and no person or body of persons having authority to appoint such trustee or qualified to make application under section six of this Act to have such trusts registered, the registered head or representative may nominate three or more persons to be registered trustees of such trust and to make an application to register such trust and trustees under this Part.
Such application shall be in writing addressed to the Registrar of Titles and in the form in the Sixth Schedule or to the like effect and be signed by the registered head or representative and shall be supported by evidence showing—
what are the trusts;
of what the trust property consists;
that there is no trustee or person or body of persons qualified to appoint a trustee of the trust;
that the applicant is the registered head or representative;
what are the names occupations and addresses of the nominated trustees;
that the persons nominated as trustees have consented to accept the trusts;
that every document letter and thing relating to or affecting any of the matters aforesaid is mentioned in the application—
and by such other evidence (if any) as the registrar requires.
Such application shall be received and dealt with previously to registration in all respects as if it had been an application made under section nine of this Act.
No. 3765 s. 41.
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