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Apr 18 2006 - Jul 31 2006Aug 1 2006 - Jul 11 2010

28. Orders of the Court relating to retirement or removal



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(1) Where an Operator seeks to retire from a Domestic Fund and a new Operator cannot be found, the Court may, on application of the Operator, the Trustee, a Unitholder in the Fund, or the DFSA, make one or more of the following orders:
(a) an order for the appointment of a temporary Operator;
(b) an order for the winding up of the Fund; or
(c) any other order as the Court considers just and equitable and in the interests of the Fund and of its Unitholders.
(2) If:
(a) a Domestic Fund does not have an Operator that meets the requirements of this Law or any Rules made under this Law; or
(b) in the event of misconduct, default or breach of duty by the Operator, the Court considers that it is just and equitable and in the interests of the Fund and of its Unitholders to make such an order;
the Court may, on application of the DFSA, the Trustee or a Unitholder in the Fund, make one or more of the following orders:
(c) an order for the appointment of a new or temporary Operator;
(d) an order for the winding up of the Fund; or
(e) any other order as the Court considers appropriate.