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protector

This category contains 3 posts

The curious story of the Angora cat

Para 438 in the decision of MezhProm Bank v Pugachev refers to a phenomenon in patent law known as the Angora cat problem first identified by Professor Franzosi, an eminent academic expert in the field: “Professor Mario Franzosi likens a patentee to an Angora cat. When validity is challenged, the patentee says his patent is … Continue reading

Can a non-fiduciary owe fiduciary obligations?

In the Matter of the Piedmont Trust and the Riviera Trust powers of appointment and who can exercise them are an important aspect of both the management of a trust, and the very terms on which a trust is settled.  It is now generally agreed that  whether the powers are held by a trustee or a … Continue reading

Protector powers – fiduciary or not?

While “protectors” are not a common feature of New Zealand trusts, they are not entirely unheard of.  A protector might be described as a hybrid of a trustee and an appointor.  This is a fairly inelegant statement of the term, but hopefully it gets the idea across.  The role of the protector developed in offshore jurisdictions where it was more … Continue reading