Key Benefits:
Publication of the approval of amendments to the Staff Regulations concerning the duties of the lawyers in respect of the treatment of trusted funds
In accordance with section 127 of the law of the court, cf. Law Order no. 1261 of 23. October 2007, the Justice Department has the 2nd. April 2008 approved changes in the Statutes of 27. In May 1983, on the duties of lawyers with regard to the treatment of trusted funds, cf. Notice no. 720 of 26. August 2002 approving the amendment of the Staff Regulations concerning the duties of lawyers with regard to the treatment of trusted funds. The changes that come into force on the 15th. April 2008, and a summary of the overall status of the Staff Regulations, as listed in Annexes 1 and 2, to this notice.
Appendix 1
Amendment of the Staff Regulations concerning the duties of lawyers with regard to the treatment of trusted funds
§ 1
In the Staff Regulations concerning the duties of lawyers with regard to the treatment of trusted funds, cf. The Ministry of Justice shall be dissut; 720 of 26. August 2002, the following changes are made :
1. ~ 10 (1)) 1, ITREAS :
" Stop. 1. The Board of Law shall, by appropriate notice, provide a time limit within which all the companies and persons covered by this Staff Regulations in section 19 have been, and which have been in shape since the beginning of the calendar year, to the Board of Legal Affairs of the Board of Solicitors, declaration on the amount of the legal company ' s overall commitment to the trusteed money by the law firm or of the legal profession. "31/12 of the previous year."
2. I ~ 10 (1)) 3, and in Section 11 (1). 4, is inserted after 1. Act. :
"The Board of Legal Affairs may decide that the declaration should be made electronically."
3. § 11 a ITREAS :
" § 11 a. A lawyer who has lost the right to practice law firms or who has deposited his occupation must not be in possession of trusted funds.
Paragraph 2. The one in paragraph 1. 1 the said person shall within one month after the right to be appointed by the lawyer, in writing to the Legal Affairs Council, that the person concerned shall be declared by the Legal Affairs Council. the date of termination shall no longer have the trustees of the funds entrusted. The declaration shall be certified by a registered or certified auditor.
Paragraph 3. The provisions of paragraph 1. 1 and 2 shall apply equally when a paralega is dissolved or changes the purpose. ` ;
4. § 19 ITREAS :
" § 19. This Staff Regulations shall include :
|
k. 2 The establishment practised by a lawyer in the context of an association of a association or company which does not carry out a law firm under the section 124 of the Law of the Law shall be subject to the supervision of the Staff Regulations.
Paragraph 3. The rules laid down in this Staff Regulations shall apply for a period of six months for the continued use of a person excluded from the practice of a law firm, cf. Legal spellmen of passage sections 141 and 147 c (1). 3, or, if entitled, be discharged under the terms of the Danish Court of Justice Section 137-139, cf. § 142. "
5. I § 21 ' but ` shall be inserted after ' but ` shall mean the members ' members and `.
§ 2
The changes will take effect on 15. April 2008.
|
Appendix 2
Attached on the duties of lawyers with regard to the treatment of trusted funds
A. Bethink money
§ 1
Paragraph 1. Any lawyer, cf. however, section 20, which is charged for third parties, must, in addition to the personal accounts, which include the individual intermediends, have a joint account showing the size of the bar's total confidence in the trusted money.
Paragraph 2. If a lawyer from another EU Member State exercises its operations in this country from a Danish lawyer ' s office, any amount of the account taken by the office of a third party to the Danish lawyer shall be deemed to have been awarded to the Danish lawyer, unless it is clearly understood ; in the circumstances where the amount has been entered into to the lawyer concerned from another Member State of the European Union.
Paragraph 3. From the common client account account, individual intermediends may be separated when their scope or other special circumstances make it desirable. Such an intermediary account in the legal accounts of the lawyer is also a client-side account, and the account must be explicitly referred to as a client-to-account client.
Paragraph 4. The client response account in accordance with paragraph 1. 1 shall include all the amounts paid by a lawyer in the paralegs of a third party to the account of third parties. Amount to comply with contracts for the purchase and sale of real estate, business, aircraft, ships etc. in the case of property management, including the administration of real estate, shall not be taken into account for the client ' s client response account, provided that such amounts are inserted into specific accounts in a financial institution. Such accounts will be created for and in the name of the client and subject to the exact registration rules, cf. § 8.
Paragraph 5. The attorney's accountants must be kept on a daily working day.
§ 2
Paragraph 1. In order to respond to a third party, what a lawyer after the client response account must be able to respond to a third party account in a bank, savings bank or post-giro bank account.
Paragraph 2. A client account in a financial institution is created in the name of the bar and is provided by the law of the bar.
Paragraph 3. A lawyer's total client response can be contained in several client accounts in one or more financial institutions, including in Accounts created for use with the response to a single client. Such accounts are also created in the name of the lawyer, but may have an endorsement of the name of the client in question.
Paragraph 4. There must be a day to conform to the account number and the client accounts of a financial institution, except in the course of today's running, and departure, as the lawyer first is able to regulate in the case of client accounts in the case of the client ; the financial institution the following work day. It must be able to be documented that the rule in the first sentence has been met.
Paragraph 5. The legal advice council can provide legal services with modest daily movements on a client-to-account derogation from the rules laid down in paragraph 1. 4 and in section 1 (1). In the case of an unfestering condition, 5, if any. It must be possible to prove that the exemption has been complied with.
§ 3
Paragraph 1. Client accounts may only be created in financial institutions which, by means of an approved declaration by the Legal Affairs Council, have undertaken to comply with the following provisions :
|
|||||||||||||||
Paragraph 2. Client accounts can be created in such a way that they cannot be disposed of by cheques, but by transfer to a lawyer created client account to which client account cheques are extradited.
Paragraph 3. Client account may only be created in the financial institution only if, in accordance with the law of a deposit guarantee, the account's indexable in the event of the bankruptcy of the financial institution shall be provided.
§ 4
Paragraph 1. In a client's account in a financial institution, no undue delay shall be entered into, including amounts paid to the lawyer for the maintenance of publicings for clients or as an advance on salaried fees.
Paragraph 2. The exception of a sum immediately after receipt shall be used for payment of the bill for the person concerned.
Paragraph 3. Money, as an advocate, for a stakeholder, in which he himself is interested, must be treated as a trusted money, cf. paragraph 1.
Paragraph 4. On a client account in a financial institution, only a amount of money received by the lawyer has been entered into the attorney's office.
§ 5
Paragraph 1. In a client account in a financial institution, only be raised :
|
Paragraph 2. Amouns raised under (a) or (b) may not exceed what is contained in the client account as an upcoming client.
Paragraph 3. Amounts raised under (b or c) shall be inserted into the legal bank account in the financial institution.
Paragraph 4. Salaries may, even if they are made, are not raised on the client account without the concurrent of the balance sheet.
Paragraph 5. The client account may only be raised on the one in section 3 (3). Paragraph 1 (b) has been described.
§ 6
A lawyer shall take a vote at least once every month if the sum of the accounts in the accounts of each client's accounts will be consistent with the client-in-law account according to the law's accounting. Any inconsistencies must be adjusted immediately at a time of accounting on the client account account and the corresponding insertion or deposition of the client account in a financial institution. Attachments regarding the voting shall be kept for at least two years.
§ 7
Paragraph 1. Every attorney has a duty to, except in the case of a special agreement, to submit an interest in its response to a client in accordance with the provisions of paragraph 1. 2-8 rules and, moreover, the failure to make interest rates would lead to an unjustifiable outcome to the client.
Paragraph 2. In case a lawyer's got an answer for over 10,000 kroner. in addition to a client, the response to the client or other person shall be given.
Paragraph 3. Has a lawyer who does not have collection accounts for debt collectors, in an inkassocase, an assay that exceeds 5,000 cages, enclosing the response to the client. Rule of paragraph (1) 2 then applicable only use in debt cases when the attorney is conducting collection accounts for collection rooms.
Paragraph 4. No interest shall be refused where the payment is made by the senate 14 calendar days after receipt of the sum.
Paragraph 5. In all cases where the lawyer has to pay interest on the client, the interest rate shall take the beginning of the day two calendar days after the payment or after the amount has exceeded the amount referred to in paragraph 1. 2 and 3 the thresholds shall be specified and the commitment to the instalment shall be made up to the day the amount is paid or reduced under the limits specified in the preceding specified.
Paragraph 6. If clients have been separated in a separate account, the interest on the client is the interest on the individual account collected interest.
Paragraph 7. If a client's funds have not been separated in a separate account, the interest rates on the client are the interest rate of interest the lawyer is carrying out of its client checking account.
Paragraph 8. Interest amount less than 100 kr. is not subject to the obligation to hand interest to the client.
B. Beef thought securities etc.
§ 8
Paragraph 1. Any lawyer who administering or excluding case expedition is legitimated to have a reference to the three-party and associated transferable securities, etc., shall carry out the exact registration of these. The duty of registration shall include securities of any kind, and thus includes bonds, shares, mortgages, debt relief letters. If the attorney administer funds that are deposited in a separate bank, savings or postal order, cf. Section 1 (1). 4, such accounts will be subject to registration duty after the first sentence.
Paragraph 2. If a lawyer from another EU Member State carries out its operations in this country from a Danish legal profession, securities held by the office shall be deemed to have been entrusted by the office on behalf of the Danish attorney for administration, unless it is to be considered ; it is clear from the circumstances that the securities are entrusted to the lawyer in question from another Member State of the European Union.
Paragraph 3. The registration must contain an exact indication of what is registered and from whom the data subject was received. The securities held by the lawyer shall be stored in such a way that it can be easily ascertained to whom the relevant papers belong.
Paragraph 4. The securities entered or managed in open depot (including bonds registered in the Securities Centre) may be recorded at the time of the lawyer ' s registration with their designation and total amounts without specification of any number, but with in writing.-(b) Note that they are registered respectively in open depot, and with the full description of the writing certificate or the debit certificate.
§ 9
Paragraph 1. Within the same period, to be determined by the Legal Council pursuant to section 10 (1). Paragraph 1, the lawyer shall ensure that any client, for whom the lawyer has securities for management, shall receive a list of those documents.
Paragraph 2. The sign must be signed by the lawyer and certified by a state sautorised or registered auditor.
Paragraph 3. The register of records shall be sent by the attorney and auditor to the client directly to the client. A copy of the register must be fitted with the same certificate, which is available on the one to the client, as well as with the auditor's declaration of when and on which way the transmission has been submitted. This copy is kept by the lawyer for five years.
Paragraph 4. The provisions of paragraph 1. 1-3 shall not apply to depots associated with funds, associations, companies, etc., in respect of which the accounts are audited either by a public authority or by a state sautorised or registered auditor.
C. Attoversight
§ 10
Paragraph 1. The Board of Law shall, by appropriate notice, provide a time limit within which all the companies and persons covered by this Staff Regulations in section 19 have been, and which have been in shape since the beginning of the calendar year, to the Board of Legal Affairs of the Board of Solicitors, declaration on the amount of the legal company ' s overall commitment to the trusteed money by the law firm or of the legal profession. 31/12 of the previous year.
Paragraph 2. If the lawyer or lawyer has, or, in the past year, have been in charge of trusted funds, the declaration shall be provided with the information and certificate of a state certified or registered auditor. The lawyer or the lawyer are going to need to prepare it in 1. Act. the declaration referred to shall notify its auditor the information required, cf. § 15.
Paragraph 3. For the submission of the declaration, a form shall be used if specified by the Legal Affairs Council. The Board of Legal Affairs may decide that the declaration should be made electronically.
§ 11
Paragraph 1. Any lawyer who begins his own law firm in the establishment of a new law firm or the acquisition of hitherto by another lawyer shall be required to notify this to the Legal Affairs Council by 1 month after 1 month of the year.
Paragraph 2. Within 6 months of the start of independent law firm, the lawyer of the Board of Law shall submit a declaration on the size of the bar ' s overall commitment to the trusted amount of the lawyer. One of the Counselor Board has set date.
Paragraph 3. The declaration shall be provided with the information and certificate of a state certified or registered auditor and shall be accompanied by a brief statement from the auditor on the organisation and the establishment of the law's accounting office.
Paragraph 4. For the submission of the declaration, a form shall be used if specified by the Legal Affairs Council. The Board of Legal Affairs may decide that the declaration should be made electronically.
§ 11 a
Paragraph 1. A lawyer who has lost the right to practice law firms or who has deposited his occupation must not be in possession of trusted funds.
Paragraph 2. The one in paragraph 1. 1 the said person shall within one month after the right to be appointed by the lawyer, in writing to the Legal Affairs Council, that the person concerned shall be declared by the Legal Affairs Council. the date of termination shall no longer have the trustees of the funds entrusted. The declaration shall be certified by a registered or certified auditor.
Paragraph 3. The provisions of paragraph 1. 1 and 2 shall apply mutatis mutias when a paralega is dissolved or changes the purpose.
§ 12
The legal advice Council may at any time and, without reason, require a lawyer within one of the Council to submit a short period of time to submit a client account declaration as referred to in section 10.
§ 13
Have a lawyer's client account record been flawed, or has the lawyer, by the way, violated the rules on the treatment of trusted funds, may counsel counsel counsel for one of the Council for a period of time, or so far to submit. client account statements each quarter or with a second of the Council laid down spaces.
§ 14
In the cases referred to in Article 13 and in cases where the complaint is lodged against a lawyer ' s establishment or where the Legal Affairs Council is of particular reason to do so, the Council may decide, by a council appointed accountant, to examine whether or not the attorney is complying ; rules concerning the processing of trusted funds.
§ 15
The attorney at which the study has been decided is to give the advice or the person designated to carry out the investigation, all the information relating to its business and personal economic circumstances that may be required, as well as : The lawyer shall provide books, accounts, business papers, and otherwise, as of the undertaking which is considered to be of importance to the investigation.
§ 16
The expenditure resulting from the acquisition of a certificate of auditor or of examination in the cases referred to in sections 12 and 14 shall be borne by the Legal Society, if it proves that the legal position of the lawyer is and has been in order. If not, the lawyer will have to hold the expenditure, but the legal advice, given the circumstances, may decide that the costs are wholly or partly borne by the Legal Affairs Society.
§ 17
Where it is added that a lawyer has disregarded a grossly disregarded by the authority of the client account, the Attorney General may decide that the person concerned without the consent of a lawyer appointed by the Council may increase the accounts entrusted to the accounts.
§ 18
In addition to any of the rules laid down in this Staff Regulations, or a lawyer fails to comply with the submission of the client account declaration or in the cases referred to in Section 14, provide the required information to consider as : in violation of the law of the law, for which the Legal Affairs Council may lodge a complaint with the Legal Board in question, cf. Legal spellletop section 143, paragraph 1. 2.
§ 19
Paragraph 1. This Staff Regulations shall include :
|
k. 2 The establishment practised by a lawyer in the context of an association of a association or company which does not carry out a law firm under the section 124 of the Law of the Law shall be subject to the supervision of the Staff Regulations.
Paragraph 3. The rules laid down in this Staff Regulations shall apply for a period of six months for the continued use of a person excluded from the practice of a law firm, cf. Legal spellmen of passage sections 141 and 147 c (1). 3, or, if entitled, be discharged under the terms of the Danish Court of Justice Section 137-139, cf. § 142.
§ 20
The establishment practised by a lawyer in the context of an association of a association or company which does not carry out a law firm under the section 124 of the Law of the Law shall not be governed by the rules laid down in this Staff Regulations.
§ 21
The obligations under this statute are incumbuyous, provided that the company is operating in company form not only the company, but also company participants and lawyers who work in the company. The client account declaration shall be signed by both the company ' s shareholders / analogues as the character of the undertaking ' s character.
