### Trustee Ordinance 《受託人條例》

78. Issue of certificate
(1) On the receipt of an application under section 77, the Registrar of Companies shall make such inquiry as he deems necessary, and, if satisfied that all the requirements of section 77 have been complied with, shall register the company applying for registration as a trust company in the register prescribed by section 79 and shall issue to it a certificate that the company is registered as a trust company, and thereupon the company shall be invested with all the powers, privileges and immunities and shall be subject to all the liabilities imposed by this Part.
(2) Notice of the issue of such certificate shall be published by the Registrar of Companies in the Gazette for 4 consecutive weeks next following the issue.
(3) If the Registrar of Companies is not satisfied that all the requirements of section 77 have been complied with, he shall refuse to register the company as a trust company:
Provided that the company may appeal from such refusal to the Chief Executive in Council, whose decision shall be final. (Amended 18 of 1999 s. 3)

79. Register of trust companies to be kept
There shall be kept in the office of the Registrar of Companies a register, to be called the “Register of Trust Companies” or “信託公司註冊紀錄冊”, in which shall be entered the names of all trust companies registered under this Ordinance, together with such other particulars as the Registrar of Companies may think necessary.
(Amended 80 of 1997 s. 105)

### Trustee Ordinance 《受託人條例》

80. Deposit to be held as security
(1) From the time of the issue to any company of a certificate under section 78, the sum of money deposited under section 77 must be held as security for the depositors and creditors of the company and for the faithful execution of all trusts which may be accepted by or imposed upon the company and for its obligations generally. (Amended 23 of 1975 s. 3; 13 of 2013 s. 37)
(2) If at any time, the Registrar of Companies is of opinion that a trust company should furnish additional security because of the company’s increase of its gross liabilities, the Registrar may order the company to make, within a period specified in the order, a further deposit of a sum of money (as contemplated by section 77(2)(e)) of a specified amount with the Director of Accounting Services. (Replaced 13 of 2013 s. 37)
(2A) The company may appeal against the order to the Chief Executive in Council, whose decision is final. (Added 13 of 2013 s. 37)
(3) If a trust company has deposited a sum of money with an authorized institution or a finance company under section 77(2)(e), the trust company may, with the approval of the Director of Accounting Services and subject to the terms that the Director may specify, withdraw the sum and deposit it with another authorized institution or finance company referred to in that section. (Replaced 13 of 2013 s. 37)
(4) All money accruing by way of interest in respect of sums deposited with an authorized institution or a finance company under this Part must be paid to the trust company which made the deposit. (Replaced 13 of 2013 s. 37)
(Amended L.N. 16 of 1977)

### Trustee Ordinance 《受託人條例》

82. Trust company may act as executor
If at any time a trust company shall be appointed executor of the will of any testator, it shall be lawful for the company to apply to the court for probate of the will and if probate be granted, to exercise and discharge all the powers and duties of an executor.

### Trustee Ordinance 《受託人條例》

84. Procedure as to petitions, etc.
(1) In all cases in which a trust company is empowered under this Part to apply for probate or letters of administration, and petition, declaration, account or affidavit or other necessary document may be made or sworn by any officer of the company duly authorized by the company in that behalf.
(2) Any officer of the company appointed by a trust company for that purpose may, on behalf of the company, sign any petition, account or statement, take any oath, swear any affidavit, make any declaration, verify any act, give personal attendance at any court or place, and do any act or thing whatsoever, which may require to be signed, taken, sworn, made, verified, given, or done on behalf of the company:
Provided that nothing in this Part contained shall confer upon any person, not otherwise entitled thereto, any right to appear or be heard before or in any court on behalf of the company or to do any act whatsoever on behalf of the company which could otherwise be lawfully done only by a barrister or by a solicitor.

85. Appointment of a company to be a trustee
In all cases in which the court or any person or persons has or have power to appoint a trustee, whether as an original or new or additional trustee, to perform any legal trust or duty a trust company may be appointed in the same manner as if the company were a private individual:
Provided that—
(a) no trust company shall be appointed in any case in which the instrument creating the trust, or the power authorizing the appointment, forbids the appointment of a company;
(b) nothing in this section shall be deemed to derogate from the provisions of sections 38 and 40. (Added 24 of 1950 Schedule)

86. Joint tenancy
A trust company, acting in a fiduciary capacity, shall be capable of acquiring and holding any property in joint tenancy in the same manner as if it were a private individual.

87. Trust company may act as agent
It shall be lawful for a trust company to act under any deed or instrument by which the company is appointed agent or attorney for any person, and all the powers conferred upon the company by any such deed or instrument may be exercised by such officer of the company as the company may appoint for that purpose:
Provided that nothing in this section shall be deemed to authorize any person to confer upon a trust company any power which may not lawfully be delegated by him.

### Trustee Ordinance 《受託人條例》

88. Security not required
(1) Notwithstanding the provisions of any other enactment, no trust company to which a grant of letters of administration has been made shall be required to furnish security for the due administration of the estate.
(2) Notwithstanding the provisions of any other enactment, no trust company appointed by the court to perform the duties of receiver, guardian, committee or any other office or trust shall be required to furnish security for the due performance of such duties.

89. Trust funds to be kept separate
All moneys, property and securities received or held by any trust company in a fiduciary capacity shall always be kept distinct from those of the company and in separate accounts, and so marked in the books of the company for each particular trust as always to be distinguished from any other in the registers and other books of account to be kept by the company, so that at no time shall trust moneys form part of or be mixed with the general assets of the company; and all investments made by the company as trustee shall be so designated that the trusts to which such investments belong can be readily identified at any time.

90. Investment of trust funds
(1) A trust company may invest trust moneys in its hands in or upon any securities in which private trustees may by law invest trust moneys and may from time to time vary any such investment for others of the same nature:
Provided that the company shall not in any case invest the moneys of any trust in or upon securities prohibited by the instrument creating the trust, and whenever any special directions are given in any order, judgment, decree or will or in any other instrument creating the trust, as to the particular class or kind of securities or property in or upon which any investment shall be made, the company shall follow such directions. The company may also, in its discretion, retain and continue any investment and securities coming into its possession in any fiduciary capacity.
(2) No trust company shall directly or indirectly invest any trust moneys otherwise than in accordance with the provisions of subsection (1).