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Trust Law Developments 2025: Strengthening Transparency, Governance, and Global Alignment
HOME > Trust Law Developments 2025: Strengthening Transparency, Governance, and Global Alignment
14th December 2025
Trust Law Developments 2025: Strengthening Transparency, Governance, and Global Alignment
Major amendments to Malaysia’s trustee legislation came into force in 2025, marking a significant step forward in strengthening transparency, anti-money laundering (AML) compliance, and regulatory oversight of trust structures. These developments reinforce the importance of professional trusteeship and robust governance frameworks in today’s evolving regulatory environment.
Key Legislative Changes in Malaysia
The Trustee (Amendment) Act 2025 and the Trustees (Incorporation) (Amendment) Act 2025, effective from 20 February 2025, introduce several important enhancements:
Enhanced Transparency & Beneficial Ownership
- Trustees of express trusts are now required to maintain a register of beneficial owners, including settlors, trustees, protectors, and beneficiaries.
- Trustees must disclose their trustee status when engaging with financial institutions or conducting high-value transactions.
- Comprehensive trust records including trust deeds, accounts, and financial statements, must be retained for at least five (5) years after a trustee’s involvement ends.
Stronger Regulatory Oversight
- The Minister is empowered to inspect trustees where misuse of trust assets is suspected, with authority to suspend trustees or refer matters to law enforcement.
- Non-compliance with inspection or reporting requirements may result in revocation of a corporate trustee’s certificate of incorporation, together with a five-year restriction on reapplication.
- Corporate trustees must now obtain Ministerial approval for name changes and comply with updated statutory naming requirements.
Clarity & Enforcement
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- The term “express trust” is now expressly defined in legislation, providing greater legal certainty.
- New provisions allow for the compounding of certain offences, enabling administrative penalties for minor breaches while preserving enforcement rigor for serious misconduct.
Global Regulatory Developments
These Malaysian reforms align with broader international trends in trust regulation:
- Bermuda (2025): Modernisation of trustee investment powers, allowing consideration of environmental, social, and governance (ESG) factors.
- European Union (2025): Enhanced beneficial ownership register requirements under updated AML frameworks.
- South Africa (2023–2025): Expanded reporting obligations to strengthen AML controls and international compliance standards.
GMTB’s Commitment
GreenPro Malaysia Trustee Berhad (“GMTB”) welcomes these developments as a positive step toward strengthening the trust industry. Our governance framework, internal controls, and operating policies are designed to comply fully with the Trustee Act 1949, the Trust Companies Act 1949, and all applicable amendments, ensuring that trusts administered by GMTB remain transparent, compliant, and sustainable across generations.
Beyond Borders. Beyond Generations.