TrustReq Help Documentation
  • Welcome Page
  • Account Management
    • Creating a New Primary Account
    • Important Account Association Warning
  • Clio integration
    • How to import your Clio contacts into TrustReq
  • Security
    • Two-Factor Authentication (2FA)
  • Billing and Payment
    • Understanding Per Seat Pricing
    • Understanding how annual billing works
    • Handling Downgrades and Credits
  • Remote Identity Verification (IDV)
    • How to invite your client to verify their identity on TrustReq
    • Is TrustReq's remote identity verification tool compliant with the Law Society of Ontario?
  • Types of By-law 9 forms
    • Form 9A
    • A note about para. 1 of subsection 12(2) in By-Law 9
    • Form 9B
    • Form 9C
    • Form 9D and 9E
  • Trust Reconciliations
    • Monthly trust reconciliations for Ontario lawyers and paralegals
    • How to generate a trust listing report on Clio
    • How to record bank errors when performing a trust reconciliation
  • Cash Limits and Exceptions
    • Watch: How to perform a cash acceptance pre-check
    • Watch: How to record a cash transaction
    • What is the definition of cash?
    • How much cash can a licensee accept in a client matter?
    • When does the limit on accepting cash apply?
    • Are there any exceptions to the cash limit?
    • Definition of "public body" regarding cash limit exceptions
    • How much cash can a licensee accept in foreign currency?
    • Cash limit if the licensee is acting for more than one client on one client file
    • Example: If a client provides a licensee with $15,000...
  • Understanding how permissions work on TrustReq
  • Recording Keeping Guide
    • Record keeping requirements if cash received
    • Record keeping requirements if referral fee paid or received
    • Email money transfers into and out of a trust account
    • Circumstances when Ontario lawyers are not required to use a Form 9D nor a Form 9E under By-Law 9
    • Valuable Property Records
  • Referral Fees
    • Watch: How to generate a referral fee agreement
    • Watch: How to fill and manage the Law Society of Ontario's "Referral Fee Checklist"
    • Watch: How to record a referral fee transaction
    • Is the LSO's "Referral Fee Agreement" form mandatory?
    • What's the difference between a "matter" and a "referral fee matter" on TrustReq?
  • REFERENCE: Text of By-Law 9 (Financial Transactions and Records)
    • Part I - Interpretation
    • Section 1
    • Part II - Handling of money by bankrupt licensee
    • Section 2
    • PART II.1 - Handling of money by licensee whose license is suspended
    • Section 2.1
    • Section 2.2
    • Section 2.3
    • Section 2.4
    • Part III - Cash Transactions
    • Section 3
    • Section 4
    • Section 5
    • Section 6
    • Part IV - Trust Account
    • Section 7
    • Section 8
    • Section 8.1
    • Section 9
    • Section 10
    • Section 11
    • Section 12
    • Section 13
    • Section 14
    • Section 15
    • Section 16
    • Section 17
    • PART V - Record Keeping Requirements
    • Section 18
    • Section 19
    • Section 19.1
    • Section 20
    • Section 21
    • Section 22
    • Section 23
    • Section 24
  • TrustReq Referral rewards program
  • Project Roadmap
  • Terms of Use
  • Privacy Policy
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  1. REFERENCE: Text of By-Law 9 (Financial Transactions and Records)

Section 18

Requirement to maintain financial records

18. Every licensee shall maintain financial records to record all money and other property received and disbursed in connection with the licensee’s professional business, and, as a minimum requirement, every licensee shall maintain, in accordance with sections 21, 22 and 23, the following records: 1. A book of original entry identifying each date on which money is received in trust for a client, the method by which money is received, the person from whom money is received, the amount of money received, the purpose for which money is received and the client for whom money is received in trust.

2. A book of original entry showing all disbursements out of money held in trust for a client and identifying each date on which money is disbursed, the method by which money is disbursed, including the number or a similar identifier of any document used to disburse money, the person to whom money is disbursed, the amount of money which is disbursed, the purpose for which money is disbursed and the client on whose behalf money is disbursed.

3. A clients’ trust ledger showing separately for each client for whom money is received in trust all money received and disbursed and any unexpended balance.

4. A record showing all transfers of money between clients’ trust ledger accounts and explaining the purpose for which each transfer is made.

5. A book of original entry showing all money received, other than money received in trust for a client, and identifying each date on which money is received, the method by which money is received, the amount of money which is received and the person from whom money is received.

6. A book of original entry showing all disbursements of money, other than money held in trust for a client, and identifying each date on which money is disbursed, the method by which money is disbursed, including the number or a similar identifier of any document used to disburse money, the amount of money which is disbursed and the person to whom money is disbursed.

7. A fees book or a chronological file of copies of billings, showing all fees charged and other billings made to clients and the dates on which fees are charged and other billings are made to clients and identifying the clients charged and billed.

8. A record showing a comparison made monthly of the total of balances held in the trust account or accounts and the total of all unexpended balances of funds held in trust for clients as they appear from the financial records together with the reasons for any differences between the totals, and the following records to support the monthly comparisons: i. A detailed listing made monthly showing the amount of money held in trust for each client and identifying each client for whom money is held in trust.

ii. A detailed reconciliation made monthly of each trust bank account. 9. A record showing all property, other than money, held in trust for clients, and describing each property and identifying the date on which the licensee took possession of each property, the person who had possession of each property immediately before the licensee took possession of the property, the value of each property, the client for whom each property is held in trust, the date on which possession of each property is given away and the person to whom possession of each property is given.

10. Bank statements or pass books, cashed cheques and detailed duplicate deposit slips for all trust and general accounts.

11. Signed electronic trust transfer requisitions and signed printed confirmations of electronic transfers of trust funds.

12. Signed authorizations of withdrawals by Teranet and signed paper copies of confirmations of withdrawals by Teranet.

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Last updated 1 year ago