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)

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

 

35.17A 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.