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Solicitors' Accounts Rules 1998

Solicitors' Accounts Rules 1998

Appendix 2 - Special Situations - What Applies?

1 - R.16(1)(a) a/cs in solicitor’s name (not client a/c)

Is it client money?

Yes

Subject to reconciliations?

Yes

Keep books?

Yes – r.32(1)(a) and 32(2)

Retain statements?

Yes – r.32(9)

Subject to accountant's report?

Yes

Produce records to SRA?

Yes

Interest?

Yes – r.24

Retain records generally?

Yes – r.32(9)

Central records?

Statements or register – r.32(11), bills – r.32(8)

Subject to reporting accountant's comparisons?

Yes – r.42(1)(f)

2 - R.16(1)(b) a/cs in name of client – not operated by solicitor

Is it client money?

No

Subject to reconciliations?

No

Keep books?

No – record solicitor’s receipt and payment only

Retain statements?

No

Subject to accountant's report?

No

Produce records to SRA?

No

Interest?

No – all interest earned for client – r.24, note(iii)

Retain records generally?

No – except record of solicitor’s receipt and payment

Central records?

Bills – r.32(8)

Subject to reporting accountant's comparisons?

No

3 - R.16(1)(b) a/cs in name of client – operated by solicitor

Is it client money?

No

Subject to reconciliations?

No

Keep books?

No – record solicitor’s receipt and payment only

Retain statements?

Yes – r.33

Subject to accountant's report?

Limited – r.42(1)(n)

Produce records to SRA?

Yes – r.11

Interest?

No – all interest earned for client – r.24, note(iii)

Retain records generally?

No – except record of solicitor’s receipt and payment

Central records?

Statements – r.33, Bills – r.32(8)

Subject to reporting accountant's comparisons?

No

4 - Liquidators, trustees in bankruptcy and Court of Protection deputies

Is it client money?

Yes – r.9

Subject to reconciliations?

No – r.9

Keep books?

Modified – statutory records – r.9

Retain statements?

Yes – r.9 and r.32(9)(c)

Subject to accountant's report?

Limited – r.42(1)(l)

Produce records to SRA?

Yes – r.9

Interest?

No – r.9 – comply with statutory rules

Retain records generally?

Yes – modified r.32(9)(c)

Central records?

Yes – r.32(12) Bills – r.32(8)

Subject to reporting accountant's comparisons?

No – r.9

5 - Trustees of occupational pension schemes

Is it client money?

Yes – r.9

Subject to reconciliations?

No – r.9

Keep books?

Modified – statutory records – r.9

Retain statements?

Yes – r.9 and r.32(9)(c)

Subject to accountant's report?

Limited – r.42(1)(l)

Produce records to SRA?

Yes – r.9

Interest?

No – r.9 – comply with statutory rules

Retain records generally?

Yes – modified r.32(9)(c)

Central records?

Yes – r.32(12) Bills – r.32(8)

Subject to reporting accountant's comparisons?

No - r.9

6 - Joint accounts – r .10

Is it client money?

Yes – r.10

Subject to reconciliations?

No – r.10

Keep books?

No – r.10

Retain statements?

Yes – r.10 and 32(9)(b)(ii)

Subject to accountant's report?

Limited – r.42(1)(m)

Produce records to SRA?

Yes – r.10

Interest?

No. For joint a/c with client, all interest to client (r.24, note(ix)); for joint a/c with sol. depends on agreement

Retain records generally?

No – r.10

Central records?

Statements – r.32(13) Bills – r.32(8)

Subject to reporting accountant's comparisons?

No – r.10

7 - Solicitor acting under power of attorney

Is it client money?

Yes

Subject to reconciliations?

Yes

Keep books?

Yes

Retain statements?

Yes

Subject to accountant's report?

Yes

Produce records to SRA?

Yes

Interest?

Yes

Retain records generally?

Yes

Central records?

Bills – r.32(8)

Subject to reporting accountant's comparisons?

Yes

8 - Solicitor operates client’s own a/c e.g. under power of attorney – r.11

Is it client money?

No

Subject to reconciliations?

No

Keep books?

No

Retain statements?

Yes – r.33

Subject to accountant's report?

Limited – r.42(1)(n)

Produce records to SRA?

Yes – r.11

Interest?

No – all interest earned for client (r.24, note(iii))

Retain records generally?

No – r.11

Central records?

Statements – r.33 Bills – r. 32(8)

Subject to reporting accountant's comparisons?

No

9 - Exempt solicitors under r.5

Is it client money?

No

Subject to reconciliations?

No

Keep books?

No

Retain statements?

No

Subject to accountant's report?

No

Produce records to SRA?

No

Interest?

No

Retain records generally?

No

Central records?

No

Subject to reporting accountant's comparisons?

No