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Attorneys Act, 1979 (Act No. 53 of 1979)

Rules for the Attorneys' Profession

Part V : Accounting Rules

Trust account investments in terms of section 78(2A)

 

35.16 A member, who invests funds on behalf of any person shall, in addition to all other requirements applicable to the holding or investment of trust money:
35.16.1 not invest such funds other than in a trust savings or other interest-bearing account with a bank;
35.16.2 obtain that person's written confirmation of the investment as soon as is reasonably possible, or notify him forthwith thereof in writing; and
35.16.3 forthwith cause the relevant trust savings or other interest-bearing account to be endorsed in terms of section 78(2A) of the Act.

 

35.17 A member shall not, in connection with any mandate which the member has accepted to invest trust funds, agree or arrange to receive from a bank any commission, fee or other reward, without having disclosed such commission, fee or reward to the client in writing.