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 8

Money not to be paid into trust account

8. (1) A licensee is not required to pay into a trust account money which he or she receives in trust for a client if, (a) the client requests the licensee in writing not to pay the money into a trust account; (b) the licensee pays the money into an account to be kept in the name of the client, a person named by the client or an agent of the client; or (c) the licensee pays the money immediately upon receiving it to the client or to a person on behalf of the client in accordance with ordinary business practices.

Same

(2) A licensee shall not pay into a trust account the following money: 1. Money that belongs entirely to the licensee or to another licensee of the firm of licensees of which the licensee is a partner, through which the licensee practises law or provides legal services or by which the licensee is employed, including an amount received as a general retainer for which the licensee is not required either to account or to provide services. 2. Money that is received by the licensee as payment of fees for services for which a billing has been delivered, as payment of fees for services already performed for which a billing will be delivered immediately after the money is received or as reimbursement for disbursements made or expenses incurred by the licensee on behalf of a client. 3. Money that is not directly related to legal services being provided by the licensee.

Record keeping requirements

(3) A licensee who, in accordance with subsection (1), does not pay into a trust account money which he or she receives in trust for a client shall include all handling of such money in the records required to be maintained under Part V.

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Last updated 1 year ago