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TRUST ACCOUNTS ACT 1973
- As at 1 April 2024
- Act 35 of 1973
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
1. Short title
4. Definitions
4AA. Meaning of trustee
4A. References to moneys received by a trustee
4B. Reference to books, accounts etc. of trustee in partnership
4C. (Repealed)
4D. (Repealed)
4E. Meaning of supervising entity
4F. (Repealed)
PART 2 - TRUST ACCOUNTS
5. Trustee to give notice to supervising entity
6. Accounts to be kept by trustees
7. Moneys received by trustees to be paid into a trust account
8. (Repealed)
9. (Repealed)
10. Moneys in trust account not available for payments of debts etc.
11. (Repealed)
12. Disbursements from trust account
13. Account of moneys received and their application
PART 3 - AUDITS AND AUDITORS
14. Trustee to appoint auditor
15. Qualifications, resignation, termination of appointment of auditor
16. Audit of trust accounts
16A. (Repealed)
17. Duties of auditor
18. Auditor to make unannounced examinations
19. Auditing of accounts on ceasing to be trustee
20. Report of auditor to be laid before Minister in certain cases
21. Power of Minister to appoint independent auditor
22. Power of Minister to appoint independent auditor upon application of client
23. Auditor to report to Minister
24. Powers of auditors
25. As to right of auditors and employees to communicate certain matters
26. Books, accounts and records to be produced upon demand
PART 4 - MISCELLANEOUS
26A. Appointment and powers of inspector
27. Duties of financial institution relating to trustee’s accounts
28. Penalty for destroying, concealing or altering records or sending records or other property out of the State
28A. (Repealed)
28B. Duty of supervising entity to report suspected offences
29. (Repealed)
30. Inspection of auditor’s reports
31. (Repealed)
32. (Repealed)
33. Return of property in trustees’ hands to which beneficiaries are absolutely entitled
34. (Repealed)
35. (Repealed)
36. (Repealed)
37. Approval of forms
38. Proceedings for offences are summary proceedings
39. (Repealed)
40. References to Trust Accounts Act 1923
41. Regulation-making power
42. Transitional regulation-making power
43. Chief executive to give information to supervising entity
PART 5 - TRANSITIONAL PROVISIONS FOR JUSTICE AND OTHER LEGISLATION AMENDMENT ACT 2023
44. Definitions for part
45. Proceedings for particular offences
46. Continuing application of Act to former trustees
47. Existing requirement to keep records
48. Existing requirement to give notices to supervising entity
49. Continuing application of ss 12 and 13
50. Unannounced examination exemption
51. Existing appeals
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