SRA Handbook

Executor, trustee or nominee companies

Version 19 of the Handbook was published on 1 October 2017. For more information, please click "History" above.

Rule 28: Executor, trustee or nominee companies

28.1

If your firm owns all the shares in a recognised body or a licensed body which is an executor, trustee or nominee company, your firm and the recognised body or licensed body must not operate shared client accounts, but may:

(a)

use one set of accounting records for money held, received or paid by the firm and the recognised body or licensed body; and/or

(b)

deliver a single accountant's report for both the firm and the recognised body or licensed body.

28.2

If such a recognised body or licensed body as nominee receives a dividend cheque made out to the recognised body or licensed body, and forwards the cheque, either endorsed or subject to equivalent instructions, to the share-owner's bank or building society, etc., the recognised body or licensed body will have received (and paid) client money. One way of complying with rule 29 (accounting records) is to keep a copy of the letter to the share-owner's bank or building society, etc., on the file, and, in accordance with rule 29.23, to keep another copy in a central book of such letters. (See also rule 29.17(f) (retention of records for six years)).

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