Legal Practice Act, 2014 (Act No. 28 of 2014)Chapter 7 : Handling of Trust Monies85. Application for and issue of Fidelity Fund certificates |
(1)
| (a) | A legal practitioner who is obliged in terms of section 84(1) to be in possession of a Fidelity Fund certificate must apply to the Council for such a certificate as determined in the rules. |
| (b) | Every legal practitioner referred to in paragraph (a) who, for the first time, practises as such, must, within the period and after payment of the fee determined by the Council in the rules, complete a legal practice management course approved by the Council determined in the rules. |
| (2) | An application in terms of subsection (1)(a) must be accompanied by the contribution payable by applicants as determined in the rules. |
| (3) | The Council must, in consultation with the Board, determine the amount of the contribution for the ensuing year, if any, and in the event of a contribution being charged, give notice thereof by publication in the Gazette. |
| (4) | In determining the amount of the contribution, the Council and the Board must take into account— |
| (a) | the value of the Fund; |
| (b) | the extent of the expenses and liabilities which the Fund is likely to incur in the ensuing years; and |
| (c) | the actuarial valuation report referred to in section 73(2). |
| (5) | The Council may, in consultation with the Board, and taking into account the performance of community service which promotes access to justice— |
| (a) | exempt a category of legal practitioners referred to in subsection (1) from paying the whole or part of the contribution; or |
| (b) | exempt a particular legal practitioner referred to in subsection (1) from paying the whole or part of the contribution after consideration of a written application from that legal practitioner, if the Council is satisfied that there is good reason to do so. |
| (6) | Upon receipt of an application in terms of subsection (1) the Council must, if it is satisfied that the applicant has— |
| (a) | complied with the provisions of this Chapter; |
| (b) | paid the required contribution to the Fund; |
| (c) | discharged all liabilities in respect of enrolment fees; and |
| (d) | completed the application form as determined in the rules in every respect, immediately issue to the applicant a Fidelity Fund certificate that is determined in the rules. |
| (7) | A Fidelity Fund certificate is valid until 31 December of the year in respect of which it was issued. |
| (8) | A document purporting to be a Fidelity Fund certificate which has been issued contrary to the provisions of this Act is null and void and must be returned to the Council on demand. |