INTERNATIONAL TRUSTS ACT 1984
PART 3 REGISTRATION OF TRUSTS
15
Registration
(1)
No trust may be registered as an international trust until there has been filed with the Registrar:
-
(a)
a certificate from a trustee company certifying that the trust upon registration will be an international trust; and
-
(b)
a notice of the name and registered office of the trust.
(2)
Upon receipt of a certificate and notice referred to in subsection (1) the Registrar must register that trust upon the Register of International Trusts kept for that purpose and issue a certificate of registration in the prescribed form.
(3)
A certificate of registration under the hand and seal of the Registrar is conclusive evidence that all the requirements of this Act in respect of registration and other matters precedent and incidental thereto have been complied with and that the international trust referred to therein was duly registered under this Act.
(4)
Where upon settlement of a trust the trust instrument provides for the law of the Cook Islands to be the governing law of all or any aspects of that trust then that law and the provisions of this Act apply to those aspects of that trust governed by Cook Islands law from the date of establishment creation or settlement of that trust if the trust is at any time thereafter, subject to section 14(1), registered as an international trust.
(5)
Where a trust is established created or settled under a law other than that of the Cook Islands, but Cook Islands law is subsequently chosen to be, or becomes, the governing law of all or any aspects of that trust, then Cook Islands law and the provisions of this Act apply to those aspects of that trust governed by Cook Islands law from the date that trust became wholly or partly governed by Cook Islands law if the trust is at any time thereafter, subject to section 14(1), registered as an international trust.
(6)
Nothing in this section affects the application of section 13K(5) to an international trust.
[Section 15(4): replaced, on 21 November 1996, by section 19 of the International Trusts Amendment Act 1995-96 (1995-96 No 25) .]
[Section 15(5): inserted, on 21 November 1996, by section 19 of the International Trusts Amendment Act 1995-96 (1995-96 No 25) .]
[Section 15(6): inserted, on 21 November 1996, by section 19 of the International Trusts Amendment Act 1995-96 (1995-96 No 25) .]