# The Risk Transformation Regulations 2017, Regulation 153: Liability of trustees of debentures


(1) A provision contained in—
(a) a trust deed for securing an issue of debentures by a protected cell company; or
(b) any contract with the holders of debentures issued by a protected cell company, secured by a trust deed,
is void insofar as it would have the effect of exempting a trustee (“T”) of the deed from, or indemnifying T against, liability for breach of trust where T fails to show the degree of care and diligence required of T as trustee, having regard to the provisions of the trust deed conferring on T any powers, authorities or discretions.
(2) Paragraph (1) does not invalidate—
(a) a release otherwise validly given in respect of anything done or omitted to be done by T before the giving of the release;
(b) any provision enabling such a release to be given—
(i) on being agreed to by a majority of not less than 75% in value of the debenture holders present and voting in person or, where proxies are permitted, by proxy at a meeting summoned for the purpose; and
(ii) either with respect to specific acts or omissions or on the trustee dying or ceasing to act.

---
Source: https://www.legislation.gov.uk/ukdsi/2017/9780111160596/regulation/153 (the official version)
Page: https://openlegislation.uk/draft-risk-transformation-regulations-2017/regulation-153
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.