Common use of Responsibilities of the Trustee Clause in Contracts

Responsibilities of the Trustee. 受託人之責任 1.15.1 The Trustee shall manage and utilize trust property with the care of a good administrator and assume fiduciary duties in accordance with the Trust Act, Trust Enterprise Act, this Agreement, and banking practices and laws and regulations applicable to the investment object 受託人應依信託法、信託業法、本契約、投資標的相關法令及相關金融慣例，並以善良管理人之注意義務管理運用信託財產，並負忠實義務。 1.15.2 The Trustee may engage a third person to handle trust affairs, provided the Trustee is merely responsible for appointing, and supervising the performance of duties by, the third person. Costs arising therefrom will be borne by the trust property. 受託人得委任第三人代為處理信託事務，惟受託人僅就該第三人之選任與監督其職務之執行負其責任，且因此所生費用概由信託財產負擔。 1.15.3 The Trustee/Beneficiary agrees the Trustee may perform the following acts with trust property: 1.15.3.1 Purchase securities or notes brokered by its banking department. 以信託財產購買其銀行業務部門經紀之有價證券或票券。 1.15.3.2 Deposit the trust property with its banking department or that of an interested party as a deposit, or engage in foreign exchange transactions with its banking department. 以信託財產存放於其銀行業務部門或其利害關係人處作為存款或與其銀行業務部門為外匯相關之交易。 1.15.3.3 Engage in transactions with itself or an interested party other than transactions specified in Paragraph 1, Article 25 of the Trust Enterprise Act. 以信託財產與其本身或其利害關係人為信託業法第二十五條第一項以外之其他交易。 1.15.3.4 Purchase securities or notes issued or underwritten by itself or an interested party. 購買本身或其利害關係人發行或承銷之有價證券或票券。 1.15.3.5 Purchase properties of itself or an interested party. 購買本身或其利害關係人之財產。 1.15.3.6 Sell the trust property to itself or an interested party. 讓售與本身或其利害關係人。 1.15.3.7 Other transactions of interested parties as regulated by the competent authority. 其他經主管機關規定之利害關係交易行為。 However, Subparagraphs (4) to (6) do not apply to bonds issued by the government 1.15.4 The Trustee is not responsible for losses arising out of closing, changes in exchange rates and interest rates, or other market factors and risks in connection with its utilization of trust property in any domestic or foreign investment object or losses caused by the action or inaction of operators of investment objects such as issuers and fund managers, or related institutions such as domestic and foreign custodians, agents, investment consultants, securities firms, authentication institutions, accountants and lawyers etc 受託人運用信託財產於任何國內外之投資標的，因辦理交割、匯率、利率變動、或其他市場環境因素、風險而生之一切損失；或因投資標的經營者如發行機構、基金經理公司等，或其相關機構如國內外保管機構、代理機構、投資顧問、證券商、簽證機構、會計師、律師等之一切作為或不作為所致之損失，受託人不負任何責任。. 1.15.5 The Trustee is not responsible for the loss, expiration or freezing etc. of trust property caused by an act of God; change of circumstances; war; riot; attachment, expropriation, confiscation, damage or other acts by a foreign government, jurisdictional agency or political organization; change, interpretation or application of laws and regulations of the country where the trust property is located; or other factors of force majeure that are not attributable to the Trustee or are beyond its control. 對於因天災、事變、戰爭、暴動或外國政府、權力機構或政治團體之扣押、徵收、沒收、毀損或其他行為，信託財產所在地國法令變更、解釋、適用或其他不可歸責於受託人或非受託人所能控制之不可抗力之事由所致信託財產之損失、滅失或凍結等，受託人不負任何責任。 1.15.6 Where the trust property or beneficiary rights are enforced (including preserved or conclusively enforced) by court or other authority, the Trustee may directly attach said property or rights in whole or in part or sell said rights for consideration according to an order of court or other authority, and deliver or transfer the same to court, other authority or the creditor, or have the same received by the creditor, according to the enforcement order of court or other authority, to which the Beneficiary may raise no objection.

Responsibilities of the Trustee. 受託人之責任 1.15.1 The Trustee shall manage and utilize trust property with the care of a good administrator and assume fiduciary duties in accordance with the Trust Act, Trust Enterprise Act, this Agreement, and banking practices and laws and regulations applicable to the investment object 受託人應依信託法、信託業法、本契約、投資標的相關法令及相關金融慣例，並以善良管理人之注意義務管理運用信託財產，並負忠實義務。 1.15.2 The Trustee may engage a third person to handle trust affairs, provided the Trustee is merely responsible for appointing, and supervising the performance of duties by, the third person. Costs arising therefrom will be borne by the trust property. 受託人得委任第三人代為處理信託事務，惟受託人僅就該第三人之選任與監督其職務之執行負其責任，且因此所生費用概由信託財產負擔。 1.15.3 The Trustee/Beneficiary agrees the Trustee may perform the following acts with trust property: 1.15.3.1 Purchase securities or notes brokered by its banking department. 以信託財產購買其銀行業務部門經紀之有價證券或票券。 1.15.3.2 Deposit the trust property with its banking department or that of an interested party as a deposit, or engage in foreign exchange transactions with its banking department. 以信託財產存放於其銀行業務部門或其利害關係人處作為存款或與其銀行業務部門為外匯相關之交易。 1.15.3.3 Engage in transactions with itself or an interested party other than transactions specified in Paragraph 1, Article 25 of the Trust Enterprise Act. 以信託財產與其本身或其利害關係人為信託業法第二十五條第一項以外之其他交易。 1.15.3.4 Purchase securities or notes issued or underwritten by itself or an interested party. 購買本身或其利害關係人發行或承銷之有價證券或票券。 1.15.3.5 Purchase properties of itself or an interested party. 購買本身或其利害關係人之財產。 1.15.3.6 Sell the trust property to itself or an interested party. 讓售與本身或其利害關係人。 1.15.3.7 Other transactions of interested parties as regulated by the competent authority. 其他經主管機關規定之利害關係交易行為。 However, Subparagraphs (4) to (6) do not apply to bonds issued by the government 1.15.4 The Trustee is not responsible for losses arising out of closing, changes in exchange rates and interest rates, or other market factors and risks in connection with its utilization of trust property in any domestic or foreign investment object or losses caused by the action or inaction of operators of investment objects such as issuers and fund managers, or related institutions such as domestic and foreign custodians, agents, investment consultants, securities firms, authentication institutions, accountants and lawyers etc 受託人運用信託財產於任何國內外之投資標的，因辦理交割、匯率、利率變動、或其他市場環境因素、風險而生之一切損失；或因投資標的經營者如發行機構、基金經理公司等，或其相關機構如國內外保管機構、代理機構、投資顧問、證券商、簽證機構、會計師、律師等之一切作為或不作為所致之損失，受託人不負任何責任。. 1.15.5 The Trustee is not responsible for the loss, expiration or freezing etc. of trust property caused by an act of God; change of circumstances; war; riot; attachment, expropriation, confiscation, damage or other acts by a foreign government, jurisdictional agency or political organization; change, interpretation or application of laws and regulations of the country where the trust property is located; or other factors of force majeure that are not attributable to the Trustee or are beyond its control. 對於因天災、事變、戰爭、暴動或外國政府、權力機構或政治團體之扣押、徵收、沒收、毀損或其他行為，信託財產所在地國法令變更、解釋、適用或其他不可歸責於受託人或非受託人所能控制之不可抗力之事由所致信託財產之損失、滅失或凍結等，受託人不負任何責任對於因天災、事變、戰爭、暴動或外國政府、權力機構或政治團體之扣押、徵收、沒收、毀損或其他行 為，信託財產所在地國法令變更、解釋、適用或其他不可歸責於受託人或非受託人所能控制之不可抗力之事由所致信託財產之損失、滅失或凍結等，受託人不負任何責任。 1.15.6 Where the trust property or beneficiary rights are enforced (including preserved or conclusively enforced) by court or other authority, the Trustee may directly attach said property or rights in whole or in part or sell said rights for consideration according to an order of court or other authority, and deliver or transfer the same to court, other authority or the creditor, or have the same received by the creditor, according to the enforcement order of court or other authority, to which the Beneficiary may raise no objection.