Trust accounts

As part of its mandate to protect the public, we hold lawyers accountable for properly dealing with all client funds and property held in trust. Find the current Trust Account Regulations under Part 10 of the Regulations.

Trust account regulation FAQs

Trust account forms and documents

Opening a trust account

A lawyer must obtain authorization from the Society prior to opening and operating a trust account.  

Steps required for trust account authorization: 

  • Review Regulation 4.10 “Operating a Trust Account”; 
  • If required, successfully complete the Society’s Trust Account Assessment
  • Confirm that appropriate arrangements, in writing, have been made with the financial institution to comply with the requirements of Section 30 of the Act; and 
  • Submit a Lawyer’s Certification. 

To receive a copy of the Society’s trust account opening package and a link to the online assessment, submit a Request Permission to Operate a Trust Account Form.

After opening the account, the lawyer is required to provide the particulars of their trust account(s) to the Society’s Trust Assurance Administrator.  

After lawyers have successfully completed the requirements for operating a trust account, they will receive a confirmation email from the Society permitting them to operate their trust account.  

Trust account assessment

The Society developed the Trust Account Assessment to assess a lawyer’s knowledge and ability to apply the requirements of the Trust Account Regulations. The assessment takes into consideration the competencies a lawyer should demonstrate to operate a trust account.  

The assessment is administered through an online platform and includes multiple-choice questions and a simulation question. Lawyers have seven days to complete the Assessment. 

For a link to the online trust account assessment submit a Request Permission to Operate a Trust Account Form.

Trust account competencies

The Trust Account Assessment takes into consideration the competencies a lawyer should demonstrate to operate a trust account.  

1.1   Demonstrate understanding: 

  • 1.1.1 of the difference between a Trust account, Service Nova Scotia trust account and General Account 
  • 1.1.2 of the meaning “trust property” (1.1.1(cc)) 
  • 1.1.3 of the meaning of “trust money” (1.1.1 (bb)) 
  • 1.1.5 the rules for naming a Trust account (10.5.2)
  • 1.1.6 the requirement for a Trust account (10.2.4) 
  • 1.1.7 how service charges should be addressed 

1.2   Outline the Trust Account Opening Process 

  • 1.2.1 Identify who must be contacted to open a Trust Account 
  • 1.2.2 Identify the requirements that must be met to open a Trust Account 
  • 1.2.3 Explain the trust account opening process
2. Managing Trust Accounts

2.1   Deposits 

  • 2.1.1 Demonstrate an understanding of what should be deposited in a Trust account (10.2.1) 
  • 2.1.2 Identify the requirements for handling cash over $7500.00 (4.12) 
  • 2.1.3 Demonstrate an understanding that only trust money can be deposited and held in a Trust account (10.2.6, 10.2.7) 
  • 2.1.4 Identify the timing related to the deposit of trust funds (10.2.3) 
  • 2.1.5 Explain how the receipt of items in trust is documented (10.4.2 (a)) 
  • 2.1.6 Explain how trust funds being held for more than 30 days are to be handled 
  • 2.1.7 Describe the duty to supervise (10.2.10) 

2.2     Withdrawals 

  • 2.2.1  Identify that all withdrawals must be to a named payee (10.3.5(a)) 
  • 2.2.2  Explain the requirements for the authorization of the withdrawal of trust funds (10.3.5) 
  • 2.2.4  Identify the requirements for electronic fund transfers 
  • 2.2.5 Demonstrate an understanding of the manner in which trust funds cannot be withdrawn (10.3.6) 
3. Maintaining Records

3.1   Required Records 

  • 3.1.1 Demonstrate an understanding of the required books and ledgers for a trust account (10.4.2 (a), (b), (c), (j) and (i)) 
  • 3.1.2 Demonstrate an understanding of the required records for trust property (10.4.2(d)) 
  • 3.1.3 Demonstrate an understanding of the required records for a general account (10.4.2 (e) and (f)) 
  • 3.1.4 Demonstrate an understanding of the required records for billings and other charges to clients (10.4.2(g)) 

3.2     Maintenance of Records 

  • 3.2.1 Explain what records must be retained 
  • 3.2.2 Identify how long records must be retained (10.4.1 (c)) 
  • 3.2.3 Demonstrate an understanding of when records should be updated (10.4.1.(b)) 
  • 3.2.4 Perform record-keeping in a simple set of manual trust books of account 
  • 3.2.5 Perform a simply bank reconciliation 
  • 3.2.6 Prepare a list of client trust ledger balances from a simple set of manual trust books of account 
  • 3.2.7 Review all records prepared by others 
4. Working with an SNS Trust Account

4.1   Demonstrate understanding of: 

  • 4.1.1 the purpose of a SNS trust account (10.5.3 and 10.5.4) 
  • 4.1.2 how a SNS trust account is named (10.5.2) 
  • 4.1.3 what funds can be deposited to a SNS trust account 
  • 4.1.4 the requirement to deposit recording fees and deed transfer tax funds in trust 
  • 4.1.5 the process for the withdrawal of funds for the SNS trust account (10.5.5 – 10.5.13) 
  • 4.1.6 the authority to delegate (10.5.14) 

4.2   Maintenance of Records 

  • 4.2.1 List the records to be printed and reviewed (10.5.9 – 10.5.12) 
  • 4.2.2 Identify which records must be retained (10.5.13) 
5. Reporting and Addressing Errors

5.1    Demonstrate an understanding of 

  • 5.1.1 the definition of an overdraft (10.1.1(f)) 
  • 5.1.2 the  requirement  to  maintain  sufficient  balances  in  trust  to  meet  all  trust obligations and to address overdrafts immediately (10.6.1) 
  • 5.1.3 the requirement to report and provide a full explanation of applicable overdrafts immediately to the Executive Director of the Society (10.6.3) 
  • 5.1.4 the need to correct errors without delay (10.6.2) 

5.2   Identifying and Addressing Overdrafts 

  • 5.2.2 Explaining the process to rectify overdrafts 
6. Audits/Investigations

6.1   Investigation Process 

  • 6.1.1 Identify who can initiate an investigation/audit (10.7.1) 
  • 6.1.2 Explain when an investigation/audit can be initiated (10.7.2) 
  • 6.1.3 Demonstrate an understanding of what documents must be produced (10.7.4) 
  • 6.1.4 Explain the overall investigation/audit process (10.7.5 and 10.7.6) 
  • 6.1.5 Demonstrate an understanding of the ramifications of non-compliance (10.7.7) 

Lawyer’s certification

The Lawyer’s Certification confirms the lawyer has read and reviewed the Legal Profession Act and the regulations relating to trust accounts. It further confirms the lawyer has completed the Trust Account Assessment without assistance from any other person. Lawyers must also provide the Society with details of their trust account(s).  

Lawyer’s Certification (effective January 24, 2020)

Closing a trust account

Upon closing a general trust account, the practicing lawyer or law firm must immediately give written notice to the Society’s Chief Executive Officer.

Lawyer(s) closing their practices cannot change category or resign until their trust account is closed. In addition to dealing with the distribution of funds in the trust account, lawyers must complete and file their final trust account report and accountant’s report. 

Annual reporting requirements

All practising lawyers are required to report annually on their involvement with trust accounts. 

Practising lawyers or law firms operating one or more general trust accounts must submit a trust account report to the Society’s Chief Executive Officer annually by March 31 and submit an accountant’s report annually by March 31.  

Trust Accounting Guidebook – The Reconciliation Process

A practicing lawyer or law firm must reconcile their trust accounts monthly. This is one of the most important functions that you perform with respect to the account records. Aside from providing a listing of outstanding deposits and cheques, it is a crucial internal control to aid in the identification of any mistakes or errors. This guidebook will support your firm’s reconciliation process.

Trust Accounting Guidebook – The-Reconciliation Process

Trust account and client ledger shortages

Unless the overdraft is less than $50, a practising lawyer or law firm must immediately report to the Executive Director any overdrafts in the practising lawyer’s or law firm’s trust account, including any relevant information regarding the reason for the overdraft if  

  1. the overdraft was not corrected within 7 days of the time the shortage arose; or  
  2. the overdraft is an amount greater than $2,500, regardless of when it occurred. 

Trust Account and Client Ledger Shortages Form

Audits

The Society operates a primarily risk-based Trust Account Audit Program. This provides for audits of the trust accounts of selected lawyers and law firms, conducted by an accountant retained by the Society throughout the year. Those who are audited receive copies of the audit reports and the Society follows up with lawyers respecting all audit recommendations. Information respecting trends and concerns gleaned annually from the audits informs the Society’s education and other resources provided to lawyers and firms. 

Questions about the Trust Account Audit Program? Please contact the Society’s  Trust Assurance Auditor.

Questions? 

Please contact the Society’s Trust Assurance Team.

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