Singapore legislation

Regulation 11

of Legal Profession (Solicitors’ Trust Accounts) Rules

Regulation 11

Power of Council to require production of books of account, etc.

Subregulation 1

In order to ascertain whether these Rules have been complied with, the Council acting —

(a)

on its own motion; or

(b)

on a written complaint lodged with it by a third party,may require any solicitor-trustee to produce at a time and place to be fixed by the Council, all books of account, bank pass books, loose-leaf bank statements, statements of account, vouchers and documents relating to all or any of the trusts of which he is the solicitor-trustee for the inspection of any person appointed by the Council, and that person shall prepare for the information of the Council a report on the result of such inspection.

Subregulation 2

Such report may be used as a basis for proceedings under the Act.

Subregulation 3

Upon being required to do so, a solicitor-trustee shall produce such books of account, bank pass books, loose-leaf bank statements, statements of account, vouchers and documents at the time and place fixed.

Subregulation 4

Before making any appointment under paragraph (1), the Council shall consider any objection made by any such solicitor-trustee to the appointment of a particular person on personal or other proper grounds.

Subregulation 5

Before instituting an inspection on a written complaint lodged with it by any person, the Council —

(a)

shall require prima facie evidence that a ground of complaint exists; and

(b)

may require the payment by that person to the Council of a reasonable sum to be fixed by it to cover the costs of the inspection, and the costs of the solicitor-trustee against whom the complaint is made.

Subregulation 6

The Council may deal with any sum so paid in such manner as it thinks fit.

Subregulation 7

In this rule, “bank pass book” and “bank statement” mean, respectively, a pass book and a statement issued by a bank in respect of any client account maintained at such bank, and includes a pass book and a statement issued by an approved finance company in respect of a client account maintained at such finance company.