Page 258 - IOM Law Society Rules Book
P. 258

ADVOCATES ACCOUNTS RULES 2008



                    (4)  A client account must be:

                          (a)   a bank account at a branch in the Isle of Man; or

                          (b)   a building society deposit (not share) account at a branch in the Isle of Man.

                    (5)  There are two types of client account:

                          (a)   a “separate designated client account”, which is a deposit account for money
                                relating to a single client, or a current or deposit account for money held for a
                                single  controlled trust; and  which includes  in its title, in  addition to the
                                requirements of  rule 14(3) above, a  reference  to the  identity of the  client or
                                controlled trust; and

                          (b)   a “general client account”, which is any other client account.


                          Notes
                          (i)   For the  client accounts of an executor,  trustee or nominee  company owned by an
                                advocate’s practice, see rule 31.
                          (ii)  In the case  of in-house  advocates ,  any  client account should  be in  the  names  of  all
                                advocates  held out  on the  notepaper  as principals.  The names of other advocate
                                employees may also be included if so desired.
                          (iii)  “Bank” and “building society” are defined in rule 2(2)(d) and (e) respectively.
                          (iv)  A  practice  may  have any number of separate  designated  client accounts and  general
                                client accounts.
                          (v)  The word “client” must appear in full; an abbreviation is not acceptable.
                          (vi)  Compliance  with rule 14(1) to (4) ensures that clients, as well as the  bank  or  building
                                society, have the protection afforded by section 27 of the Advocates Act 1976.

                          (vii)  Money held in a client account must be immediately available, even at the sacrifice of
                                interest, unless the client otherwise  instructs, or the circumstances clearly indicate
                                otherwise.



                    Rule 15 – Use of a client account

                    (1)  Client money and  controlled trust money must  without delay be paid  into a  client
                    account, and must be held in a client account, except when the rules provide to the contrary
                    (see rules 16 to 18).


                    (2)  Only  client money or  controlled trust money  may be paid into or held  in  a  client
                    account, except:

                          (a)   an amount  of  an  advocate’s  own  money required  to open or  maintain the
                                account;

                          (b)   an advance  from an  advocate  to  fund a payment on behalf of a  client  or
                                controlled trust in excess of funds held for that client or controlled trust; the
                                sum becomes  client money or  controlled trust money on payment  into  the





                     Rule 15 – Use of a client account                                          page  15
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