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Legal Profession Regulation 2007
55Register of controlled money
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55 Register of controlled money
(1) A law practice that receives controlled money must keep a register of
controlled money consisting of the records of controlled money
movements for the controlled money accounts of the practice.
(2) A separate record of controlled money movements must be kept for
each controlled money account.
(3) A record of controlled money movements for a controlled money
account must record the following information:
(a) the name of the person on whose behalf the controlled money is
held;
(b) the person’s address;
(c) particulars sufficient to identify the matter;
(d) any changes to the information referred to in paragraphs (a)
to (c).
(4) The following particulars must be recorded in a record of controlled
money movements for a controlled money account:
(a) the date the controlled money was received;
(b) the number of the receipt;
(c) the date the money was deposited in the controlled money
account;
(d) the name of and other details clearly identifying the controlled
money account;
(e) the amount of controlled money deposited;
(f) details of the deposit sufficient to identify the deposit;
(g) interest received;
(h) details of any payments from the controlled money account,
including the particulars required to be recorded under
section 54 (4).
(5) With the exception of interest and other income received in relation
to controlled money, particulars of receipts and payments must be
entered in the register as soon as practicable after the controlled
money is received by the law practice or any payment is made.
Transit money Division 6.5
(6) Interest and other income received in relation to controlled money
must be entered in the register as soon as practicable after the law
practice is notified of its receipt.
(7) The law practice must keep as part of its trust records all supporting
information (including ADI statements and notifications of interest
received) relating to controlled money.
(8) Not later than 15 working days after each named month, the law
practice must prepare and keep as a permanent record a statement as
at the end of the named month—
(a) containing a list of the practice’s controlled money accounts
showing—
(i) the name, number and balance of each account in the
register; and
(ii) the name of the person on whose behalf the controlled
money in each account was held; and
(iii) a short description of the matter to which each account
relates; and
(b) showing the date the statement was prepared.