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Attorneys Act, 1979 (Act No. 53 of 1979)

Rules for the Attorneys' Profession

Part V : Accounting Rules

Withdrawals from trust banking account

 

35.13.14 Withdrawals from a firm's trust banking account shall be made only:
35.13.14.1 to or for a trust creditor, or
35.13.14.2 as transfers to the firm's business banking account, provided that such transfers shall be made only in respect of money due to the firm; and provided that no transfer from its trust banking account to its business banking account is made in respect of any disbursement (including counsel's fees or fees of the firm) unless:
35.13.14.2.1 the disbursements have actually been made and debited by the firm; or
35.13.14.2.2 a contractual obligation has arisen on the part of the firm to pay the disbursement; or
35.13.14.2.3 fees and disbursement have been correctly debited in its accounting records.