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Legal Profession Regulation 2007
52Receipt of controlled money
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52 Receipt of controlled money
(1) This section applies if a law practice receives controlled money.
(2) The law practice must operate a single controlled money receipt
system for the receipt of controlled money for all its controlled money
accounts.
(3) After receiving controlled money, the law practice must make out a
receipt.
(4) The receipt must be made out as soon as practicable—
(a) after the controlled money is received except as provided by
paragraph (b); or
(b) in the case of controlled money received by direct deposit—after
the law practice receives or accesses notice or confirmation (in
written or electronic form) of the deposit from the ADI
concerned.
(5) The receipt, containing the required particulars, must be made out in
duplicate, whether by way of making a carbon copy or otherwise,
unless at the time the receipt is made out those particulars are
recorded by computer program in the register of controlled money.
(6) For subsection (5), the required particulars are as follows:
(a) the date the receipt is made out and, if different, the date of
receipt of the money;
(b) the amount of money received;
(c) the form in which the money was received;
behalf the money was received and the matter description and
(g) the name of and other details clearly identifying the controlled
money account to be credited, unless the account has not been
established by the time the receipt is made out;
(h) the name of the law practice, or the business name under which
the law practice engages in legal practice, and the expression
“controlled money receipt”;
(i) the name of the person who made out the receipt;
(j) the number of the receipt.
(7) If the controlled money account to be credited has not been
established by the time the receipt is made out, the name of and other
details clearly identifying the account when established must be
included on the duplicate receipt (if any).
(8) The original receipt must be given, on request, to the person from
whom the controlled money was received.
(9) Receipts must be consecutively numbered and issued in consecutive
sequence.
(10) If a receipt is cancelled or not delivered, the original receipt must be
kept.
(11) A receipt is not required to be made out for any interest or other
income received from the investment of controlled money and
credited directly to a controlled money account.