Northern Territory Consolidated Acts

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LEGAL PROFESSION ACT 2006 - SECT 446

Notice of insurance arrangements for regulated mortgage

    (1)     If a client entrusts money to a legal practitioner and the money, or part of the money, is proposed to be advanced to a borrower for a regulated mortgage, the practitioner must, within 7 days after the money is entrusted to the practitioner, give the client written notice:

        (a)     advising the client of the effect of section 445 ; and

        (b)     including details of the policy of fidelity insurance mentioned in section 444.

    (2)     The legal practitioner must not advance any of the money to a borrower for a regulated mortgage unless:

        (a)     the client has been given the notice mentioned in subsection (1); and

        (b)     after having been given the notice, the client has given the practitioner specific written authority to advance the money for the mortgage.

    (3)     A contravention of this section does not limit the operation of section 445.

    (4)     This section does not apply in relation to a regulated mortgage forming part of a managed investment scheme operated by a responsible entity.



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