Singapore legislation

Regulation 8

of Legal Profession (Solicitors’ Accounts) Rules

Regulation 8

Money from client account — how drawn

Amended byS 206/2007 wef 15/05/2007S 206/2007 wef 15/05/2007S 1076/2020 wef 02/01/2021S 320/2022 wef 23/04/2022S 312/2022 wef 12/04/2022S 312/2022 wef 12/04/2022S 312/2022 wef 12/04/2022S 207/2007 wef 15/07/2007S 468/2009 wef 09/10/2009S 17/2022 wef 14/01/2022S 916/2022 wef 01/12/2022S 207/2007 wef 15/07/2007S 312/2022 wef 12/04/2022S 207/2007 wef 15/07/2007S 1076/2020 wef 02/01/2021S 320/2022 wef 23/04/2022

Subregulation 1

Except as provided under rule 7, no money shall be drawn from a client account unless the Council upon an application made to it by the solicitor specifically authorises in writing such withdrawal.

Subregulation 2

No money shall be drawn from a client account under rule 7(1)(a)(ii) or (iv), (c) or (d) except by —

(a)

a cheque drawn in favour of the solicitor; or

(b)

a transfer to a bank account in the name of the solicitor not being a client account.

Subregulation 3

Amended byS 206/2007 wef 15/05/2007

No money shall be drawn from a client account under rule 7(1)(c) or (d) by a cash cheque or a bearer cheque.

Subregulation 4

Amended byS 206/2007 wef 15/05/2007S 1076/2020 wef 02/01/2021S 320/2022 wef 23/04/2022

No money shall be drawn from a client account by a cash cheque or a bearer cheque except with the permission of the General Division of the High Court.

Subregulation 4A

Amended byS 312/2022 wef 12/04/2022S 312/2022 wef 12/04/2022

No money shall be drawn from a client account by means of any —

(a)

automated teller machine; or (b)telephone banking service.(c)[Deleted by S 312/2022 wef 12/04/2022]

Subregulation 5

Amended byS 312/2022 wef 12/04/2022

No sum exceeding $5,000 is to be drawn from a client account except —

(a)

upon a cheque (or other instruction effecting the withdrawal) signed by 2 solicitors; or

(b)

by means of an online digital payment authorised by 2 solicitors in accordance with any practice directions issued by the Council.

Subregulation 6

Amended byS 207/2007 wef 15/07/2007

Paragraph (5) shall not apply if —

(a)

the solicitor has engaged a book-keeper for the purposes of rule 11(8); and

(b)

the sum to be drawn does not exceed $30,000.

Subregulation 7

Amended byS 468/2009 wef 09/10/2009S 17/2022 wef 14/01/2022S 916/2022 wef 01/12/2022S 207/2007 wef 15/07/2007S 312/2022 wef 12/04/2022

A solicitor shall not sign a cheque or other instruction effecting a withdrawal from a client account, or authorise an online digital payment effecting such withdrawal, if —

(a)

the solicitor has been —

(i)

in practice as a solicitor in Singapore for less than 3 years in aggregate; or

(ii)

employed as a Judicial Service Officer, a Legal Service Officer or a PD Officer for less than 3 years in aggregate;

(b)

the solicitor is not holding a current practising certificate; or

(c)

the practising certificate of the solicitor is subject to any condition imposed under section 25A or 27A of the Act prohibiting the solicitor from signing such cheques or instructions.

Subregulation 8

Amended byS 207/2007 wef 15/07/2007S 1076/2020 wef 02/01/2021S 320/2022 wef 23/04/2022

For the avoidance of doubt, a solicitor shall comply with the requirements of these Rules in respect of the withdrawal of money from a client account notwithstanding that the permission of the General Division of the High Court has been obtained in respect of that withdrawal for the purposes of paragraph (4).