Don’t wanna be the one?** - Corporate trustee appointing an attorney

Recent posts have considered various aspects of attorney appointments.

Where a company is acting as trustee of a trust, it can appoint an attorney to act on its behalf as trustee of the trust, so long as the:

1. constitution for the company permits attorney appointments; and
2. the trust deed for the trust also contains a power for the trustee company to nominate an attorney.

The attorney appointment document should ideally specifically confirm that the:

1. trustee company has power under the trust deed to appoint an attorney; and
2. company, in its capacity as trustee for the trust, is appointing the attorney in accordance with the power.

** for the trainspotters, the title here is riffed from the Midnight Oil song that has a line mentioning corporate, namely ‘I don’t wanna be the one’.