Attorneys Act, 1979 (Act No. 53 of 1979) Rules for the Attorneys' Profession Part I : Definitions 1. Definitions

 

In these Rules, unless the context otherwise indicates :

 

1.1        "accounting records"

means the records which a firm is required to keep in terms of rule 35.5;

 

1.2        "the Act"

means the Attorneys Act, Act 53 of 1979;

 

1.3        "auditor"

means a person who is registered as an auditor in terms of the Auditing Profession Act, Act 26 of 2005 and who engages in public practice as an auditor registered in terms of that Act;

 

1.4        "bank"

means a bank as defined in section 1 of the Banks Act, Act 94 of 1990;

 

1.5        "branch office"

means an office at or from which the firm practises, but which is not a main office;

 

1.6        "business account transactions"

means transactions in regard to which records are required to be kept in terms of rule 35.5.2;

 

1.7        "Circle"

means an association of members formed in terms of section 69(j) of the Act, under whatever name or description it exists;

 

1.8        "Council"

means the Council of the society;

 

1.9        "Court"

means the division of the High Court of South Africa having jurisdiction in the area in which the main office of the Council is situated;

 

1.10        "declared member"

means a person who has been declared a member in terms of section 57(2) of the Act for so long as he or she does not become a practising member;

 

1.11        "election"

means an election of members to the Council in accordance with the relevant provisions of Part III of these rules;

 

1.12        "firm"

means:

who or which in each case conducts the practice of a practitioner;

 

1.13        "the Fund"

means the Attorneys Fidelity Fund;

 

1.14        "general meeting"

means a general meeting of members convened in accordance with section 68(a) of the Act;

 

1.15        "main office"

means the premises within the area of jurisdiction of the Council at and from which the practice of the firm is as a whole administered and controlled, including such premises in two or more buildings situate in sufficiently close proximity to one another to allow the administration of that practice as a single composite entity, and includes premises declared or determined as such in terms of rule 35.1 or 35.4, as the case may be;

 

1.16        "member"

means a member of the society in terms of section 57 of the Act;

 

1.17        "place of abode"

means the place at which a declared member ordinarily resides;

 

1.18        "practising member"

means a practitioner who is a member in terms of section 57(1) of the Act;

 

1.19        "practitioner"

means an attorney, notary or conveyancer duly admitted to practice and practising in the area of jurisdiction of the Council;

 

1.20        "president and vice-president"

means respectively the president and vice-president of the society or the person acting as such in terms of section 63(4) of the Act;

 

1.21        "principal place of practice"

means the place at which the main office of a practising member is situate, notwithstanding that he or she may habitually or temporarily practise at or from a branch office; provided that the principal place of practice of a member who is a member of more than one firm or who is the proprietor of one firm and a member of another or others shall be deemed to be the place of the main office of that firm which has its main office closest to his residential address;

 

1.22        "roll"

means the roll of attorneys or of notaries or of conveyancers kept by the registrar of the Court;

 

1.23        "secretary"

means the secretary of the society, by whatever title the person appointed by the Council to fulfil that function may be known, and includes an assistant secretary of the society;

 

1.24        "society"

means The Law Society of the Northern Provinces and the Cape Law Society and the Kwazulu-Natal Law Society and the Free State Law Society;

 

1.25        "special meeting"

means a meeting of members convened in accordance with section 68(b) of the Act;

 

1.26        "trust account transactions"

means transactions in regard to which records are required to be kept in terms of rule 35.5;

 

1.27        "trust banking account"

means a current cheque account and includes all trust accounts kept by a firm in terms of section 78(1) of the Act;

 

1.28        "trust cash"

means any cash held in trust by a firm other than in a trust banking account or a trust investment account;

 

1.29        "trust creditor"

means a person on whose account money is held or received as contemplated by section 78(1) or invested as contemplated by 78(2)(a) or section 78(2A) of the Act;

 

1.30        "trust investment account"

means and includes all accounts kept by a firm in terms of section 78(2) or section 78(2A) of the Act;

 

1.31        "trust money"

means money held or received on account of any person as contemplated by section 78(1) or invested as contemplated by section 78(2) or section 78(2A) of the Act.

 

Words or expressions referred to in these rules which are not defined herein shall bear the respective meanings assigned to them by section 1 of the Act.