Incidental profits - Renumeration from a third party - Indirect renumeration

4 important questions on Incidental profits - Renumeration from a third party - Indirect renumeration

What happens when a trustee who is also employed by another firm is given a commission for introducing new businesses but the trustee suggests his firm? Does the trustee have to account for any profit to the beneficiaries?

The trustee will account for the commission unless the trust instrument authorises it. The trustee made a profit out of and by reason of his trusteeship and has to account to the beneficiaries (Williams v Barton).

Can a trustee - holding shares in a business - who was voted as director by a vote of 100% of the shareholders keep his director salary? What is the main authority? What happens if the trustee used the shares of the trust?

The trustee can keep their salary as he became director independently of the trust shareholding. If the trustee used the trust shareholding then determine whether the trustee would have been appointed director had the trust votes been used against him (R Gee).

Can a trustee who is voted as a director by a 55% majority comprising the votes attached to the trust shares and of the trustee's own shares?

The trustee receives the director salary by virtue of his trusteeship and using trust property (the shares). Therefore, the trustee is in breach of his duty not to profit from the trust and will account for the salary (Re Macadam)
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Can a trustee who was a director of a company before becoming a trustee of the trust keep his salary?

Yes, because the trustee did not become a director by virtue of the trust (Re Dover Coalfield Extension)

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