#55727
Eastover
Flatchatter

    Ultimately, the donation must have been made by the Managing Agent (if there is one) and he can be presumed to know that he was paying it wrongfully, unless he can prove otherwise.

    Similarly a Managing Agent who pays for legal services in breach of section 103 can be presumed to know that he was paying it illegally, unless he can prove otherwise.

    In each case the Managing Agent should repay monies he has paid out of the trust account without authority whoever else may be liable.