Page 277 - IOM Law Society Rules Book
P. 277

ADVOCATES ACCOUNTS RULES 2008



                    (2)  All dealings with  client money (whether for a  client or other person), and with  any
                    controlled trust money, must be appropriately recorded;

                          (a)   in a client cash account or in a record of sums transferred from one client ledger
                                account to another; and

                          (b)   on the client side of a separate client ledger account for each client (or other
                                person, or controlled trust).

                    No other entries may be made in these records.

                    (3)  If separate designated client accounts are used:

                          (a)   a combined cash account must be kept in order to show the total amount held in
                                separate designated client accounts; and


                          (b)   a record of the amount held for each client (or other person, or controlled trust)
                                must be made either in a deposit column of a client ledger account, or on the
                                client side of a client ledger account kept specifically for a separate designated
                                client account, for each client (or other person, or controlled trust).

                    (4)  All dealings with office money relating to any client matter, or to any controlled trust
                    matter, must be appropriately recorded in an office cash account and on the office side of the
                    appropriate client ledger account.

                    Current balance

                    (5)  The current balance on each client ledger account must always be shown, or be readily
                    ascertainable, from the records kept in accordance with paragraphs (2) and (3) above.

                    Acting for both lender and borrower

                    (6)  When acting for both lender and borrower on a mortgage advance, separate client ledger
                    accounts for both clients need not be opened, provided that:

                          (a)   the funds belonging to each client are clearly identifiable; and

                          (b)   the lender is an institutional lender which provides mortgages on standard terms
                                in the normal course of its activities.

                    Reconciliations

                    (7)  An advocate must, at least once every fourteen weeks for controlled trust money held in
                    passbook-operated separate designated client accounts, and at least once every five weeks in
                    all other cases:

                          (a)   compare the balance on the client cash account(s) with the balances shown on
                                the statements and passbooks (after allowing for all unpresented items) of all
                                general client  accounts and  separate designated client  accounts, and of  any
                                account which  is not  a  client account but  in which an  advocate holds  client




                     Rule 32 – Accounting records for client accounts, etc.                     page  34
   272   273   274   275   276   277   278   279   280   281   282