Terms and Conditions upon which the Company will act as Trustee of a Settlement or as an Executor of a Will
1. The Company is prepared to act solely or jointly with others.
If the Company acts with others:
| a) |
All monies, securities, title deeds and other documents in connection with the trust or estate may be deposited by the Company with a bank for safe custody and in any event, shall be under the exclusive control of the Company but so that any other trustee or executor shall have all reasonable facilities for inspection. |
| b) |
The name of the Company shall be placed first in the register of the owners of all shares or registered securities and all steps shall be taken to ensure the payment to the Company of all dividends and interest thereon. |
2. The Company may as regards all its powers (including discretionary powers), act by its properly appointed officers.
3. The Company shall:
| a) |
When acting as a trustee of an inter vivos Settlement of a Will Trust, be entitled to remuneration in accordance with its published scale of fees in force from time to time. |
| b) |
When acting as an executor, be entitled to remuneration in accordance with its published scale of fees in force at the time of the testator's death and no fees shall be payable to the Company until the testator's death. |
| c) |
The fees chargeable by the Company are exclusive of all costs and expenses properly incurred and paid by the Company in connection with the trust or estate. |
4. The fees chargeable by the Company are exclusive of all costs and expenses properly incurred and paid by the Company in connection with the trust or estate.
5. The Company shall have power to determine the incidence of its fees between capital and income and between different parts of a trust or an estate or between beneficiaries and every such determination shall be binding on all persons concerned.
6. Notwithstanding the power to charge for its services, the Company shall be entitled to employ for a trust or an estate at the expense of the trust or estate:
| a) |
Bankers who may be instructed by the Company to perform any service on normal banking terms. |
| b) |
An investment adviser who shall normally be a stockbroker or banker. The Company does not provide an investment advisory service. |
| c) |
Advocates, solicitors, notaries, stockbrokers, accountants and other agents and correspondents whose services the Company may reasonably require. |
7. The Company may retain for its own use any share of brokerage or other commission it may receive.
8. If it is authorised by the trust or will so to do, the Company is prepared to retain among the assets of the trust or estate:
| a) |
A business subject to full indemnity against costs. |
| b) |
Shares on which there is a liability where the remaining trust funds are ample to meet any calls. |
| c) |
Other assets subject to a contingent liability upon approval by the Company in each case. |
9. The Company will always require clients to provide such information as will enable it to comply with all regulations designed to avoid money-laundering.
In particular the Company will require to be satisfied as to the source of all funds received.