Lawyers and Conveyancers Act 2006

Miscellaneous provisions - Transitional provisions relating to dissolution of District Law Societies

380: Administration of solicitor's trust account

You could also call this:

"What happens to a solicitor's trust account when a law society closes"

Illustration for Lawyers and Conveyancers Act 2006

You need to know what happens to a solicitor's trust account when a District Law Society is dissolved. If a District Law Society holds money it received because of its powers under section 82 of the Law Practitioners Act 1982, it must pay that money to the New Zealand Law Society before it is dissolved. The New Zealand Law Society will hold the money in the same way the District Law Society did. You should understand that the New Zealand Law Society will follow the same rules as the District Law Society when holding the money. The rules are outlined in sections 82 and 84 of the Law Practitioners Act 1982. These rules will apply to the money with some changes.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM367888.

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Part 11Miscellaneous provisions
Transitional provisions relating to dissolution of District Law Societies

380Administration of solicitor's trust account

  1. If a District Law Society to which section 372 applies holds, on the commencement of that section, any money received by that Society as the result of the exercise of its powers under section 82 of the Law Practitioners Act 1982, or receives, after the commencement of that section, any money paid to it as the result of the service, before or after the commencement of that section, of a notice under section 82(1) of that Act, that District Law Society, before it is dissolved under section 372(b), must, subject to any order of the High Court, pay that money to the New Zealand Law Society.

  2. Any money paid to the New Zealand Law Society under subsection (1) is to be held by that Society on the same basis as it was held by the District Law Society, and sections 82 and 84 of the Law Practitioners Act 1982 are to continue to apply, with all necessary modifications, to any such money.