Lawyers and Conveyancers Act 2006

Fidelity Funds

317: Election not to receive money or other valuable property in trust

You could also call this:

"Choosing not to handle trust money or valuable property when providing legal services"

Illustration for Lawyers and Conveyancers Act 2006

You can choose not to get money or other valuable things in trust when giving regulated services. If you make this choice, you do not have to pay some contributions or levies to the Lawyers' Fidelity Fund or the Conveyancing Practitioners' Fidelity Fund. You can make this choice for a certain period of time. You cannot make this choice if you have to keep records of trust accounts and valuable property, as stated in section 112(1). This means some practitioners or firms are not allowed to make this choice. They still have to follow the usual rules. If you want to make this choice, it only applies to the period of time you choose. You have to follow the rules in sections 312 to 315 to make this choice. This choice affects what you have to pay to the fidelity funds.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM367394.

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316: Contributions and levies, or

"Paying money to the Fidelity Fund to help keep it working properly"


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318: Making, expiration, and revocation of election under section 317, or

"How to make, cancel, or end a special choice under section 317 of the law"

Part 10Fidelity Funds

317Election not to receive money or other valuable property in trust

  1. No resolution made under any of the provisions of sections 312 to 315 may require a practitioner or incorporated firm to pay to the Lawyers' Fidelity Fund or the Conveyancing Practitioners' Fidelity Fund any contribution or extraordinary levy that would otherwise become payable by that practitioner or incorporated firm to either fund in respect of any period if that practitioner or incorporated firm has elected, in respect of that period, not to receive, in the course of providing regulated services to the public during that period, any money or other valuable property in trust for any other person.

  2. A practitioner or incorporated law firm may not make an election under subsection (1) if he or she or it provides regulated services to the public and is a practitioner who, or an incorporated firm that, is obliged by section 112(1) to keep records of trust accounts and valuable property.