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Home arrow Governing Laws arrow Solicitors' Accounts (Deposit Interest) Rules 1990 arrow Rule 2. Placing client's money on deposit for purposes of earning interest
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Rule 2. Placing client's money on deposit for purposes of earning interest PDF Print E-mail

(1) When a solicitor holds or receives money for or on account of a client, the solicitor shall -

    (a) deposit such money separately by way of fixed deposit or any income-bearing deposit account in a financial institution licensed under the Banking and Financial Institutions Act 1989 or the Islamic Banking Act 1983, or regulated under any federal law for the time being in force which controls or regulates the operation of such financial institution, repayable on demand in the name of the solicitor or his firm and the name of the client or the matter concerned, and account to the client for any interest or income earned thereon; or

[Subs. P.U.(A) 252/2000].

    (b) pay to the client out of his own money the sum equivalent to the interest which would have accrued for the benefit of the client if the money had been deposited separately by way of fixed deposit in a bank repayable on demand as aforesaid:

Provided that a solicitor shall not be required so to deposit or to account to a client for interest or to pay interest to a client unless -

    (i) the sum of money received by the solicitor exceeds Ringgit 5,000 at the time of receipt; and

    (ii) the instructions to the solicitor at the time of receipt are such that he knows that the sum of money so received will not, within four months thereafter, be either wholly disbursed or reduced to a sum below Ringgit 5,000 and the sum of money so received is not in fact within such period so disbursed or reduced.

(2) Without prejudice to any other remedy which may be available to him, any client who feels aggrieved that interest, or a sum equivalent thereto, has not been paid to him under these Rules shall be entitled to require the solicitor to obtain a certificate from the Bar Council as to whether or not interest ought to have been earned for him and if so, the amount of such interest and on the issue of such a certificate the sum certified to be due shall be payable by the solicitor to the client.
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(The former amended section:)

    (a) deposit such money separately by way of fixed deposit in a bank repayable on demand in the name of the solicitor or his firm and the name of the client or the matter concerned, and account to the client for any interest earned thereon; or


Last checked: 11 Nov 2010
 
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