Ordinance On The Approval Of Amendments To The Regulations On Lawyers ' Duties With Regard To The Treatment Of Fiduciary

Original Language Title: Bekendtgørelse om godkendelse af ændringer af vedtægt om advokaters pligter med hensyn til behandlingen af betroede midler

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=127308

Overview (table of contents) Annex 1

Annex 2 the full text, the Executive order on approval of amendments to the regulations on lawyers ' duties with regard to the treatment of fiduciary

Pursuant to section 127 of the law on the Court of Justice, without prejudice. lovbekendtgørelse nr. 1069 of 6. November 2008, the Ministry of Justice has today's date approved changes in the Statute of 27. May 1983 on lawyers ' duties with regard to the treatment of fiduciary regulation. Executive Order No. 240 of 2. April 2008 on the approval of the amendment of the staff regulations on lawyers ' duties with regard to the treatment of fiduciary. The changes, which shall enter into force on the 1. October 2009, and a merger of the entire Statute after the changes have been included as annexes 1 and 2 to this order.
The Ministry of Justice, the 16. September 2009 Brian M/Birgit T C Annex 1

Amendment of staff regulations on lawyers ' duties with regard to the treatment of fiduciary

§ 1

In the regulations on lawyers ' duties with regard to the treatment of fiduciary regulation. The Ministry of Justice Decree No. 240 of 2. April 2008, shall be amended as follows:

1. Everywhere in the notice, the words ' client account ' to: ' client bank account '.

2. section 1, paragraph 1 is replaced by the following:

» Every lawyer and every lawyer company receives money for a client or third parties, must have decorated the accounts so that it can display at any time individual balances as well as the size of the company's total respectively, equivalent of a lawyer's fiduciary money (client liabilities). '

3. section 1, paragraphs 2 and 3, are repealed.

4. section 1, paragraph 4, which will be the second paragraph is replaced by the following:

' (2). Client liability under paragraph 1 shall include all the amounts that the company lawyer and the lawyer as part of law firm receives on behalf of third parties. Amount for the fulfilment of agreements for the purchase and sale of real estate, business, aircraft, ships, etc, amounts in connection with asset management and amounts relating to administration of immovable property, however, is not regarded as part of client liabilities, where such amounts are inserted on special accounts in a financial institution. Such accounts are covered by the rules on the accurate registration of the basic regulation. § 8, and created for and in the recipient's name. '

5. section 1, paragraph 5, which becomes paragraph 3 is replaced by the following:

' (3). Client ledger must be placed on every working day. '

6. paragraph 2 is replaced by the following:

»§ 2. Client liabilities, see. section 1, paragraph 1, must be deposited in a special account in the financial institution (client bank account). Client bank account shall be referred to as client account.

(2). A client bank account is created in the lawyer's or law firm's name and is subject to the Attorney or law firm's available.

(3). A lawyer or a solicitor corporation total client deposits at multiple client bank accounts can be similar in one or more financial institutions, including on accounts created for use by the liabilities to a single client. Such accounts can have vedtegning on the client's name.

(4). It must be a time each working day to ensure that there is consistency between the client and the total deposit liabilities on the client bankkontiene. It must be documented that the rule in the first sentence are met.

(5). The Bar Council may grant a derogation from the rules laid down in paragraph 4 and in article 1, paragraph 3, if it, taking into account the tilsvarets size, number of transactions and circumstances, moreover, are unobjectionable. It must be documented that the exemption conditions are complied with. '

7. Article 3, paragraph 1 is replaced by the following:

» Client Bank accounts can only be created at financial institutions, which by one of the Bar Council approved statement has committed itself to comply with the following provisions:

a. regardless of possible different between being with the lawyer, lawyer firm or any of the lawyer's or company's clients to the Bank not by set-off or otherwise dispose of something in a client bank account deposit amounts, as is necessary in order to cover the lawyer's or law firm's corresponding to the third man for fiduciary money.

b. at a client bank account must except for internal transfers between the lawyer's or law firm's client bank accounts only:




1) cheques or

2) by computer transmission, including future transfers carried out pursuant to the lawyer's or law firm's instructions, see. § 5, paragraph 5, where the payment afsenderens account appears, who has ordered the transfer, and to which account the amount is transferred.



c. Decisions taken by the Bar Council under section 17. '

8. In section 3 is repealed paragraph 2 and paragraph 3 shall become paragraph 2.

9. section 4 is replaced by the following:

»§ 4. It must be ensured that all fiduciary money without undue delay shall be inserted at the client bank account.

(2). Money, as a lawyer or a law firm receives for a partnership, in which the lawyer or the company itself is a stakeholder, is to be treated as trusted money, see. (1).

(3). On the client bank account must only be inserted amount received as part of the lawyer. '

10. In section 5, paragraph 1, the words ' in a financial institution '.

11. § 5, paragraph 1 (c) is replaced by the following:

' c. amount after the statement and vote exceeds the lawyer's or law firm's overall liability. '

12. § 5, paragraph 2 is replaced by the following:

' (2). Amount to be raised in accordance with paragraph 1 (a) or (b), shall not exceed the liability towards the client. '

13. § 5, paragraph 3 is replaced by the following:

' (3). Amount to be raised in accordance with paragraph 1 (b) or (c) will be inserted on the lawyer's or law firm's profit and loss account in the financial institution. '

14. In section 5, paragraph 4, shall be inserted after ' post ': ', and the invoice shall be sent to the client. '.

15. § 5, paragraph 5, shall be replaced by the following:

' (5). Instructions on future computer transfers from the bank account must be granted only if the client according to the client ledger will undoubtedly be coverage for the transfers at the time when they should be implemented and posted. '

16. paragraph 6 is replaced by the following:

»§ 6. At least once each month to be the sum of the individual balances are reconciled with the total client liability. Documentation for the vote must be kept for at least two years. '

17. paragraph 7 shall be replaced by the following:

»§ 7. Every lawyer and every lawyer has a duty to the company unless specific agreement exists, to make light of interest of its corresponding with a client or other entitled person after they set out in paragraphs 2 to 7 rules.

(2). Clients ' funds have been separated on separate client bank account, the interest amount regardless of the rules below it on the separate account gained interest.

(3). Amount of interest under 100 USD is not subject to the obligation to deliver an interest rate.

(4). There are not interest, where settlement occurs within 14 calendar days after receiving the amount.

(5). There are not interest in periods where liability does not exceed 10,000 DKK.

(6). Notwithstanding the provisions of paragraphs 4 and 5 in the event of interest, if the omission thereof leads to a for legitimate unreasonable result.

(7). The interest rate is attributed to the settlement, but at least once a year. '

18. In section 8, paragraph 1, shall be inserted after ' any lawyer ': ' and any attorney company «and last paragraph is repealed.

19. Article 8, paragraph 2, is hereby repealed.

20. In article 8, paragraph 3, which will be to section 8, paragraph 2, shall be inserted after ' securities lawyer ': ' or ' the company lawyer.

21. In article 8, paragraph 4, which becomes paragraph 3, the words ' bonds ' in parenthesis: ' assets ' and after ' by the Attorney or lawyer ' reads ' the company '.

22. In section 9, paragraph 1, insert two spots after ' the lawyer ': ' or lawyer company ' and ' client ' shall be deleted.

23. In section 9, paragraph 2, shall be inserted after ' the lawyer ': ' or for lawyer company of the drawing entitled '.

24. section 9, paragraph 3 is replaced by the following:

' (3). The signed list, see. paragraph 2, shall be addressed by the auditor directly to the client. A copy of the list shall be provided with the same certificate, which can be found on the original sent to the client, as well as with the auditor's statement as to when and in what way the sending is done. This copy shall be retained by the lawyer or law firm for 5 years. '

25. Article 10 is replaced by the following:

» § 10. The Bar Council shall determine with appropriate notice, a period within which all lawyer firms, there existed, as well as all lawyers who had the appointment, the 31. December the previous year, must submit a declaration about the amount of Attorney's firm or lawyer's total equivalent of fiduciary money per that date to the Bar Council. The Bar Council may determine that the Declaration must be submitted on a special form, and that the Declaration must be submitted electronically.

(2). The Bar Council will issue a form, known as form, as used by

a. lawyers personally and directly are owners or stakeholders at a legal firm, and as in the previous years have had equivalent of fiduciary and

b. lawyer companies in the previous year has had the equivalent of fiduciary.

The Declaration must be signed by a lawyer or Attorney at law company subscription eligible and be provided with information and certificate from a chartered or certified accountant. Company lawyer or the lawyer must to be used for the preparation of the Declaration announce its auditor the necessary information, without prejudice. § 15.

(3). The Bar Council will issue a form, known as Form II used by


a. lawyers who do not personally in the previous year have had corresponding of fiduciary, including staff attorneys, regardless of whether they own shares in the company, and

b. lawyer companies not in the preceding year has had the equivalent of fiduciary.

The Declaration must be signed by a lawyer or Attorney at law company of the drawing entitled. '

26. section 11, paragraph 2 is replaced by the following:

' (2). Within six months after commencement of independent lawyer should the lawyer to the Bar Council submit a short statement on the Organization and implementation of the lawyer's bookkeeping. The Declaration shall be supplied with certificate from a chartered or certified accountant. The Bar Council may determine that the Declaration must be submitted on a special form, and that the Declaration must be made by electronic means. '

27. section 11 (3) and (4) are repealed.

28. section 11 (a), paragraph 2 is replaced by the following:

' (2). The person referred to in paragraph 1 shall, within one month after the right to exercise the lawyer undertaking has ceased, writing to the Bar Council, declare that the person does not have equivalent of fiduciary. If the person is in the sunset this year have had the fiduciary, the Declaration must be certified by a chartered or certified accountant. The Bar Council may determine that the Declaration must be submitted on a special form, and that the Declaration must be made by electronic means. '

29. Article 12 is replaced by the following:

» § 12. The Bar Council may at any time and without stating reason impose a lawyer or law firm within a period specified by the Council, as of a date determined by the Council, to submit a declaration as referred to in section 10, paragraph 2. ';

30. section 13 is replaced by the following:

» § 13. Have a lawyer or a lawyer company client bookkeeping been flawed, or is the rules on the treatment of monies incidentally violated, the Bar Council can impose the lawyer or law firm to submit declarations as referred to in section 10, paragraph 2, every three months or with any other of the Council provided space. The Bar Council determines how long this measure shall apply. '

31. section 14 shall be replaced by the following:

» § 14. In the cases referred to in section 13 and in cases where there was a complaint against one of the persons referred to in section 19 and the companies ' business, or in which the Bar Council, incidentally, find special occasion thereto, the Council may decide, by an auditor appointed by the Council, to examine whether the person concerned is in compliance with the rules on the treatment of fiduciary. '

32. section 15 is replaced by the following:

» § 15. The one in whom the inquiry is decided under section 14 shall be obliged, upon request, to give the Council or the Auditor, who is appointed to carry out the investigation, information about its business practices and economic issues of importance to the investigation, including the Attorney General, or the owners's personal economy. The person concerned shall provide access to all materials as an auditor or Council considers relevant to the investigation. '

33. section 16 is replaced by the following:

» § 16. The cost of obtaining audit board test or the making of the study referred to in §§ 12 and 14 cases referred, shall be borne by the law society, if it turns out that the Affairs of the, whose business has been investigated, and have been in order. Otherwise, we must question even for the cost. However, the Bar Council can decide that the costs shall be borne in whole or in part by the law society, when circumstances justify it. '

34. section 17 is replaced by the following:

» § 17. Provided it with add must be assumed, that one of the persons referred to in section 19 and companies grossly infringed this clauses, the Bar Council may determine that the person does not consent to a control without leading Attorney, who shall be appointed by the Council, must raise to client bank accounts.

(2). The, which are subject to inspection pursuant to paragraph 1 shall be liable, upon request, to give the Council or the control leading lawyer information about its business practices, like concerned must give access to all material, as the leading lawyer or Council considers control affects the exercise of inspection. ';

35. Article 18 shall be replaced by the following:

» § 18. Breach of the rules contained in this Statute is considered as a breach of the duties for which the Bar Council lawyer can appeal against the question for the Tribunal, without prejudice to Lawyer. Code of civil procedure section 143 (2) and § 124 d, paragraph 2. ';

36. Before section 19 shall be inserted as a new headline:

» D. Scope '

37. section 19 is replaced by the following:

» § 19. This statute includes,




1) all attorneys, see. However, section 20,

2) all counsel companies, see. Code of civil procedure § 124 (1)

3) other co-owners of solicitor corporations, see. Code of civil procedure § 124 (c) (1). 2, and

4) any other lawyer who as a citizen of another EU Member State, in an EEA country or of Switzerland permanently engaged in professional activities in this country under his home-country professional title (EU-lawyers).



(2). The term lawyer in this Statute includes lawyers in accordance with paragraph 1, nr. 1 and 4. '

38. Article 20 shall be replaced by the following:

» § 20. The activities of a lawyer in the context of an employment relationship for an association, organisation or business which does not exercise the profession of lawyer within the meaning of section 124 of the code, is only covered by the staff regulations, subparagraph (C) concerning supervision. '

39. section 21 is repealed.

§ 2

The changes will enter into force on ....

Approved



The Ministry of Justice, the 16. September 2009

Brian M

/Birgit T C Annex 2

Regulations on lawyers ' duties with regard to the treatment of fiduciary

A. Fiduciary money

§ 1

(1). Every lawyer and every lawyer company receives money for a client or third parties, must have decorated the accounts so that it can display at any time individual balances as well as the size of the company's total respectively, equivalent of a lawyer's fiduciary money (client liabilities).

(2). Client liability under paragraph 1 shall include all the amounts that the company lawyer and the lawyer as part of law firm receives on behalf of third parties. Amount for the fulfilment of agreements for the purchase and sale of real estate, business, aircraft, ships, etc, amounts in connection with asset management and amounts relating to administration of immovable property, however, is not regarded as part of client liabilities, where such amounts are inserted on special accounts in a financial institution. Such accounts are covered by the rules on accurate registration, see. § 8, and created for and in the recipient's name.

(3). Client ledger must be placed on each working day.

§ 2

(1). Client liabilities, see. section 1, paragraph 1, must be deposited in a special account in the financial institution (client bank account). Client bank account shall be referred to as client account.

(2). A client bank account is created in the lawyer's or law firm's name and is subject to the Attorney or law firm's available.

(3). A lawyer or a solicitor corporation total client deposits at multiple client bank accounts can be similar in one or more financial institutions, including on accounts created for use by the liabilities to a single client. Such accounts can have vedtegning on the client's name.

(4). It must be a time each working day to ensure that there is consistency between the client and the total deposit liabilities on the client bankkontiene. It must be documented that the rule in the first sentence are met.

(5). The Bar Council may grant a derogation from the rules laid down in paragraph 4 and in article 1, paragraph 3, if it, taking into account the tilsvarets size, number of transactions and circumstances, moreover, are unobjectionable. It must be documented that the derogation conditions laid down have been observed.

§ 3

(1). Client bank accounts can only be created at financial institutions, which by one of the Bar Council approved statement has committed itself to comply with the following provisions:

a. regardless of possible different between being with the lawyer, lawyer firm or any of the lawyer's or company's clients to the Bank not by set-off or otherwise dispose of something in a client bank account deposit amounts, as is necessary in order to cover the lawyer's or law firm's corresponding to the third man for fiduciary money.

b. at a client bank account must except for internal transfers between the lawyer's or law firm's client bank accounts only:




1) cheques or

2) by computer transmission, including future transfers carried out pursuant to the lawyer's or law firm's instructions, see. § 5, paragraph 5, where the payment afsenderens account appears, who has ordered the transfer, and to which account the amount is transferred.



c. Decisions taken by the Bar Council under section 17.

(2). Client bank account may only be created in the money Department, where, under the law on the deposit guarantee is granted full coverage for account deposits in case of Bank bankruptcy.

§ 4

(1). It must be ensured that all fiduciary money without undue delay shall be inserted at the client bank account.

(2). Money, as a lawyer or a law firm receives for a partnership, in which the lawyer or firm is a stakeholder, is to be treated as trusted money, see. (1).

(3). On the client bank account must only be inserted amount received as part of the profession of lawyer.

§ 5

(1). On the client bank account should only be raised:

a. Amounts paid to a client or a client's Bill.


b. amounts that lawyer or law firm has for good with a client in accordance with posted between being, eligible for set-off.

c. amount after the statement and vote exceeds the lawyer's or law firm's total liability.

(2). Amount to be raised in accordance with paragraph 1 (a) or (b), shall not exceed the liability towards the client.

(3). Amount to be raised in accordance with paragraph 1 (b) or (c) will be inserted on the lawyer's or law firm's profit and loss account in the financial institution.

(4). Fees may, although they are earned, not enforced on the client bank account, without fee, at the same time is posted and the invoice shall be sent to the client.

(5). Instructions on future computer transfers from the bank account must be granted only if the client according to the client ledger will undoubtedly be coverage for the transfers at the time when they should be implemented and posted.

§ 6

At least once each month to be the sum of the individual balances are reconciled with the total client liability. Documentation for the vote must be kept for at least two years.

§ 7

(1). Every lawyer and every lawyer has a duty to the company unless specific agreement exists, to make light of interest of its corresponding with a client or other entitled person after they set out in paragraphs 2 to 7 rules.

(2). Clients ' funds have been separated on separate client bank account, the interest amount regardless of the rules below it on the separate account gained interest.

(3). Amount of interest under 100 USD is not subject to the obligation to deliver an interest rate.

(4). There are not interest, where settlement occurs within 14 calendar days after receiving the amount.

(5). There are not interest in periods where liability does not exceed 10,000 DKK.

(6). Notwithstanding the provisions of paragraphs 4 and 5 in the event of interest, if the omission thereof leads to a for legitimate unreasonable result.

(7). The interest rate is attributed to the settlement, but at least once a year.

B. Fiduciary securities, etc.

§ 8

(1). Every lawyer and every Attorney company, which manages or except sagsekspedition is legitimized to dispose of third parties related securities, etc., must make accurate registration of these. The obligation to register includes securities of any kind and thus include bonds, shares, mortgages and promissory notes.

(2). The registration must contain a precise indication of what is recorded, and from whom the registered are received. Securities, which the lawyer or law firm holds, must be stored in such a way that it can easily be found, whom those papers belong to.

(3). Securities registered or operated in open custody (including assets registered in the central securities depository), by the lawyer's or law firm's registration shall be entered with their description and total amount without specification of any numbers, but with the observation that they are enrolled respectively managed in an open depot, and stating the complete name of the enrolment certificate or depot.

§ 9

(1). Within the same time limit, as determined by the Bar Council under section 10, paragraph 1, should the lawyer or attorney the company ensure that any lawyer or lawyer, for whom the company has securities for management, receive a list of these papers.

(2). The list must be signed by a lawyer or Attorney at law company of the drawing entitled and certified by a chartered or certified accountant.

(3). The signed list, see. paragraph 2, shall be addressed by the auditor directly to the client. A copy of the list shall be provided with the same certificate, which can be found on the original sent to the client, as well as with the auditor's statement as to when and in what way the sending is done. This copy shall be retained by the lawyer or law firm for 5 years.

(4). The provisions of paragraphs 1 to 3 shall not apply to foundations, associations, companies belonging to the depots, etc., for which financial statements are reviewed either by a public authority or of a chartered or certified accountant.

C. Supervision

§ 10

(1). The Bar Council shall determine with appropriate notice, a period within which all lawyer firms, there existed, as well as all lawyers who had the appointment, the 31. December the previous year, must submit a declaration about the amount of Attorney's firm or lawyer's total equivalent of fiduciary money per that date to the Bar Council. The Bar Council may determine that the Declaration must be submitted on a special form, and that the Declaration must be submitted electronically.

(2). The Bar Council will issue a form, known as form, as used by

a. lawyers personally and directly are owners or stakeholders at a legal firm, and as in the previous years have had equivalent of fiduciary and

b. lawyer companies in the previous year has had the equivalent of fiduciary.

The Declaration must be signed by a lawyer or Attorney at law company subscription eligible and be provided with information and certificate from a chartered or certified accountant. Company lawyer or the lawyer must to be used for the preparation of the Declaration announce its auditor the necessary information, without prejudice. § 15.

(3). The Bar Council will issue a form, known as Form II used by

a. lawyers who do not personally in the previous year have had corresponding of fiduciary, including staff attorneys, regardless of whether they own shares in the company, and

b. lawyer companies not in the preceding year has had the equivalent of fiduciary.

The Declaration must be signed by a lawyer or Attorney at law company of the drawing.

§ 11

(1). Any lawyer who begins independent legal firm for the construction of new legal firm or by acquisition of previously by another lawyer-driven law firm, shall, within 1 month after this in writing inform the Bar Council.

(2). Within six months after commencement of independent lawyer should the lawyer to the Bar Council submit a short statement on the Organization and implementation of the lawyer's bookkeeping. The Declaration shall be supplied with certificate from a chartered or certified accountant. The Bar Council may determine that the Declaration must be submitted on a special form, and that the Declaration must be submitted electronically.

section 11 (a)

(1). A lawyer who has lost the right to engage in professional activities or which has deposited his appointment, may not be in possession of monies.

(2). The person referred to in paragraph 1 shall, within one month after the right to exercise the lawyer undertaking has ceased, writing to the Bar Council, declare that the person does not have equivalent of fiduciary. If the person is in the sunset this year have had the fiduciary, the Declaration must be certified by a chartered or certified accountant. The Bar Council may determine that the Declaration must be submitted on a special form, and that the Declaration must be submitted electronically.

(3). The provisions of paragraphs 1 and 2 shall apply correspondingly, when a lawyer company dissolves or changes the purpose.

§ 12

The Bar Council may at any time and without stating reason impose a lawyer or law firm within a period specified by the Council, as of a date determined by the Council, to submit a declaration as referred to in section 10, paragraph 2.

section 13

Have a lawyer or a lawyer company client bookkeeping been flawed, or is the rules on the treatment of monies incidentally violated, the Bar Council can impose the lawyer or law firm to submit declarations as referred to in section 10, paragraph 2, every three months or with any other of the Council provided space. The Bar Council determines how long this measure should apply.

§ 14

In the cases referred to in section 13 and in cases where there was a complaint against one of the persons referred to in section 19 and the companies ' business, or in which the Bar Council, incidentally, find special occasion thereto, the Council may decide, by an auditor appointed by the Council, to examine whether the person concerned is in compliance with the rules on the treatment of fiduciary.

§ 15

The one in whom the inquiry is decided under section 14 shall be obliged, upon request, to give the Council or the Auditor, who is appointed to carry out the investigation, information about its business practices and economic issues of importance to the investigation, including the Attorney General, or the owners's personal economy. The person concerned shall provide access to all materials as an auditor or Council considers relevant to the investigation.

§ 16

The cost of obtaining audit board test or the making of the study referred to in §§ 12 and 14 cases referred to shall be borne by the law society, if it turns out that the Affairs of the, whose business has been investigated, and have been in order. Otherwise, we must question even for the cost. However, the Bar Council can decide that the costs shall be borne in whole or in part by the law society, when circumstances justify it.

§ 17

(1). Provided it with add must be assumed, that one of the persons referred to in section 19 and companies grossly infringed this clauses, the Bar Council may determine that the person does not consent to a control without leading Attorney, who shall be appointed by the Council, must raise to client bank accounts.


(2). The, which are subject to inspection pursuant to paragraph 1 shall be liable, upon request, to give the Council or the control leading lawyer information about its business practices, like concerned must give access to all material, as the leading lawyer or Council considers control affects the exercise of control.

§ 18

Breach of the rules contained in this Statute is considered as a breach of the duties for which the Bar Council lawyer can appeal against the question for the Tribunal, without prejudice to Lawyer. Code of civil procedure section 143 (2) and § 124 d, paragraph 2.

D. Scope

§ 19

This statute includes,




1) all attorneys, see. However, section 20,

2) all counsel companies, see. Code of civil procedure § 124 (1)

3) other co-owners of solicitor corporations, see. Code of civil procedure § 124 (c) (1). 2, and

4) any other lawyer who as a citizen of another EU Member State, in an EEA country or of Switzerland permanently engaged in professional activities in this country under his home-country professional title (EU-lawyers).



(2). The term lawyer in this Statute includes lawyers in accordance with paragraph 1, nr. 1 and 4.

§ 20

The activities of a lawyer in the context of an employment relationship for an association, organisation or business which does not exercise the profession of lawyer within the meaning of section 124 of the code, is only covered by section C of the staff regulations on supervision.