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LEGAL PROFESSION REGULATION 2017 - REG 46
Notification requirements regarding general trust accounts
46 Notification requirements regarding general trust accounts
(1) Within 14 days after a general trust account event, a law practice must
give the law society written notice of the event.
(2) A law practice must—
(a) either before, or within 14 days after, an authorisation event, give the
law society written notice of the event; and
(b) during July of each year,
give the law society written notice of the associates and Australian legal
practitioners who are authorised, as at 1 July of that year— (i) to sign
cheques drawn on a general trust account of the practice; or
(ii) otherwise
to effect, direct or give authority for the withdrawal of money from a general
trust account of the practice.
(3) Subsection (2) (b) does not apply to a
law practice in relation to a year if an external examiner’s report for the
practice for the financial period ending 31 March of that year has been given
to the law society under section 274 of the Act .
(4) A notice under this
section must— (a) include particulars sufficient to identify the general
trust accounts of the law practice; and
(b) for a notice mentioned in
subsection (2) (a) — (i) include the name and address of an associate or
practitioner who is the subject of the notice; and
(ii) state whether an
associate, who is the subject of the notice, is an employee of the
law practice; and
(c) for a notice mentioned in subsection (2) (b) —include
the names and addresses of the associates and Australian legal practitioners.
(6) In this section—
"authorisation event" , in relation to a law practice, means authorisation or
termination of the authority of an associate or an Australian legal
practitioner— (a) to sign cheques drawn on a general trust account of the
practice; or
(b) otherwise to effect, direct or give authority for the
withdrawal of money from a general trust account of the practice.
"general trust account event" , in relation to a law practice, means— (a)
the establishment of a general trust account by the law practice; or
(b) the
closure of a general trust account kept by the law practice.
"law practice" includes a former law practice and the persons who were
principals of a law practice immediately before the law practice ceased to
exist as a law practice or to engage in legal practice in this jurisdiction.
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