Law Practice Declaration and Trust Money Statement
Queensland | Legal Profession Regulation2007 | section 61Version 5
QLS FORM 4 (LPR)
Introduction / The Law Practice Declaration and Trust Money Statement (hereinafter referred to as ‘Form4’) consists of two parts:Part A – Declaration
Part B – Trust Money Statement
All law practices with an office in Queensland are required to complete PartA, irrespective of whether they have received, or held, trust money.
Part B is only required to be completed by a law practice if the law practice has received, or held, trust money during the relevant period but is not required to be completed if transit money was the only trust money received, or held, and the law practice has recorded and retained sufficient information in relation to the transit money.
If a law practice is not required to complete PartB, the law practice must send the completed PartA to Queensland Law Society (‘the Society’) by 30 April 20.
If a law practice is required to complete PartB, the law practice is required to complete both PartA and PartB and provide them to the External Examiner (previously known as the trust account auditor) before the External Examiner commences the examination (previously known as the trust account audit).
PartsA and B will be attached to the External Examiner’s Report (QLS Form5 (LPR)) by the External Examiner to comprise Schedule2.
Prescribed form / Form4 is a prescribed form the approval of which has been notified in the Queensland Government Gazette.
A prescribed form cannot be changed but information can be recorded in the lightly shaded areas (appears as yellow shading when viewed on a computer screen) of the form to complete the form.
Law Practice Declaration and Trust Money Statement / If you respond in the affirmative to any question in paragraph(d) in PartA complete PARTSA and B of this Law Practice Declaration and Trust Money Statement and forward them to your External Examiner prior to the commencement of the examination.
If you respond in the negative to all questions in paragraph(d) inPart A complete and forward PartA only of the Law Practice Declaration and Trust Money Statement to the Queensland Law Society Incorporated at 179 Ann Street, Brisbane Qld 4000 or GPO Box 1785, Brisbane Qld 4001 by 30April 20.
Part A
Law Practice Declaration and Trust Money Statement
I / [insert full name of principal]of / [insert name of law practice]
of / [insert address of law practice]
DECLARE TO THE BEST OF MY KNOWLEDGE AND BELIEF IN RESPONSE TO THE FOLLOWING QUESTIONS AND STATEMENTS:
* Tick where applicable(a) / Did the law practice operate under any other practice names?
(If YES, complete table below) / /
Law Practice Name / Period from / Period to
(b) / Did the law practice conduct business at other addresses?
(If YES, complete table below) / /
Law Practice Name and Address / Period from / Period to
(c) / Was the law practice operated by?
a Sole Principal / /
a Partnership / /
an Incorporated Legal Practice / /
a Multi Disciplinary Practice / /
a Community Legal Centre / /
(d) / During the period 1 April 20 to 31 March 20, did the law practice?
Receive or hold money that was required to be deposited into a general trust account with an Approved ADI in this jurisdiction / /
Receive or hold controlled money / /
Receive or hold trust money subject to a specific power / /
Receive or hold money subject to a written direction / /
Receive or hold direction to invest trust money on behalf of any person / /
Receive transit money and not retain particulars as required by s52 of the Legal Profession Regulation2007 / /
and I make this declaration believing the same to be true
SignedFull Name
Date
Part B
This part of the Law Practice Declaration and Trust Money Statement is to be completed and forwarded to your External Examiner prior to the commencement of the external examination if you answered in the affirmative to any of the questions in paragraph(d) in PARTA.
Name of law practice*Tick where applicable
1 / Are separate trust account records maintained for any branch offices or law practice names noted in questions (a) and (b) of Part A of this form? / /
If YES, please complete and provide a separate Part B for each branch office and law practice name
2 / General Trust Accounts
General Trust Account Reconciliation / Bank 1 / Bank 2
(if required)
ADI Name
BSB Number
ADI Account Number
Branch Address
Period / From
to / From
to
Balance as per Approved ADI statement* as at 31 March20 / $ / $
(b) less unpresented cheques (as per attached schedule) / $ / $
Sub Total / $ / $
(c) add money not deposited (as per attached schedule) / $ / $
(d) other adjustments (as per attached schedule) / $ / $
(e) Reconciled Approved ADI Balance
* Note that Statutory Deposit figure is not included / $ / $
Attach schedule if more than two bank accounts maintained
Cash book balance, as at 31 March 20 / $
Note that Statutory Deposit figure is not included
Trial Balanceas at 31 March20 / Amount $ / Number of Accounts
Total of all trust ledger account balances as at 31 March20 with credit balances / $
Less: Statutory Deposit balance / $
Less: Any other debit balances / $
Total trust ledger balances / $
* Tick where applicable
As at 31 March20was there a difference between the reconciled Approved ADI statement balance, cash book balance and list of trust ledger accounts and their balances? / /
If YES, provide an explanation in a Schedule to this Declaration
3 / Prescribed Deposit Account / * Tick where applicable
The law practice has complied in every respect with the provisions of Division2 of Part3.3 of the Legal Profession Regulation 2007 in respect to the deposit of trust money to an account in the name of the Chief Executive, Department of Justice & Attorney-General Prescribed Account during the financial period / /
If the law practice has not complied, provide particulars of non-compliance in a Schedule to this Declaration
4 / Trust Ledger Account Debit Balance Report
The following trust ledger accounts recorded debit balances during the financial period
Ledger Account Name/Matter Ref / Date Ledger Recorded Debit Balance / Amount
$ / Date Account Corrected / Reason
Attach additional details in a Schedule to this Declaration if space is insufficient
5 / general trust adi account debit balance report
The following General Trust ADI Accounts recorded debit balances during the financial period
Approved ADI Name / Date Trust ADI Recorded Debit Balance / Amount
$ / Date Account Reverted to Nil or Credit Balance / Reason
Attach additional details in a Schedule to this Declaration if space is insufficient
6 / INFORMATION ON DORMANT TRUST LEDGER BALANCES
The following trust ledger accounts recorded dormant balances at the end of the financial period
Matter Ref / Name of Trust Ledger Account / Matter Description / Amount $ / Date Last Transaction / Reason Balance Held
Attach additional details in a Schedule to this Declaration if space is insufficient
7 / information relating to the maintenance of the records for the general trust account / * Tick where applicable
Has the practice changed its general trust accounting system since 31 March20? / /
Has the person responsible for the maintenance of the general trust account records changed since 31 March20? / /
Manually / Computer system / One write system / Mixture of Manual/
Computer
Are the general trust account records maintained?
If computer, state name of software and version number
Record YES in the appropriate box.
8 / controlled money details as at 31 march 20
Amount $ / Number of Accounts
Controlled Money
Record the total amount held and the number of balances
9 / CONTROLLED MONEY ACCOUNT DEBIT BALANCE REPORT
The following controlled money accounts recorded debit balances during the financial period
Controlled Money Account Name / Date Controlled Money Account Overdrawn / Amount
$ / Date Account Reverted to Nil or Credit Balance / Reason
Attach additional details in a Schedule to this Declaration if space is insufficient
10 / INFORMATION RELATING TO THE MAINTENANCE OF THE RECORDS FOR THE CONTROLLED MONEY RECORDS / * Tick where applicable
Has the practice changed its Controlled Money accounting system since 31 March20? / /
Has the person responsible for the maintenance of the Controlled Money records changed since 31 March20? / /
Manually / Computer / One write / Mixture of Manual/
Computer
Are the controlled money records maintained? (Record ‘yes’ in the appropriate box)
If computer, state name of software and version number
11 / Information relating to accounts where trust money is the subject of a specific power as at 31March 20
Amount $ / Number of Accounts
Trust money subject to a specific power
12 / Information relating to the register of investments of trust money as at31March 20
Amount $ / Number of Accounts
Investment Register money
Investment Register bank accounts
13 / REGISTER OF INVESTMENT OF TRUST MONEY ACCOUNT DEBIT BALANCE REPORT
The following register of investments of trust money accounts recorded debit balances during the financial period
Investment of Trust Money Account Name / Date Investment Account Overdrawn / Amount
$ / Date Account Reverted to Nil or Credit Balance / Reason
Attach additional details in a Schedule to this Declaration if space is insufficient
14 / information relating to the maintenance of the records for the register of investment of trust money / * Tick where applicable
Has the practice changed its Register of Investment of Trust Money accounting system since 31 March20? / /
Has the person responsible for the maintenance of the Register of Investment of Trust Money records changed since 31 March20? / /
Manually / Computer / One write / Mixture of Manual/
Computer
Are the Register of Investment of Trust Money records maintained?
If computer state name of software and version number
Record YES in the appropriate box
15 / information relating to transit money as at 31 march 20
Amount
$ / Number of Client Matters These Funds Relate To
Amount of any transit money held on 31March 20
16 / During the examination period, the law practice disbursed trust money via Electronic Funds Transfer (EFT) from / * Tick where applicable
General Trust Accounts / /
Controlled Money Accounts / /
Trust money subject to a specific power / /
Written Direction Money / /
Register of Investments of Trust Money Accounts / /
During the examination period, if the law practice disbursed trust money by EFT, has the law practice complied with the requirements of the Guidelines issued by theQueensland Law Society Incorporated in relation to: / * Tick where applicable
General Trust Accounts / /
Controlled Money Accounts / /
Trust Money subject to a specific power / /
Written Direction Money / /
Register of Investments of Trust Money Accounts / /
17 / LAW PRACTICE TRUST ACCOUNT SIGNATORIES
List the names of all authorised signatories to the General Trust Accounts and Controlled Money Accounts
Surname, Initials / Period From / Period To / Solely/Jointly / Position (eg principal, employed solicitor, bookkeeper)
Attach additional details in a Schedule to this Declaration if space is insufficient
18 / SCHEDULES TO BE ATTACHED / * Tick where applicable
Listing of unpresented cheques as per Item 2 is attached as Schedule 1 / /
Schedule of money not deposited as per Item 2 is attached as Schedule 2 / /
Schedule of other adjustments as per Item 2 is attached as Schedule 3 / /
A copy of the 31 March 20 list of trust account ledgers and their balances is attached as per Item 2 as Schedule 4 / /
Explanation for Reconciliation difference is attached as per Item 2 as Schedule 5 / /
Explanation for non-compliance with Prescribed Deposit requirements is attached as per Item 3 as Schedule 6 / /
Copies of Overdrawn Trust Ledger Accounts as per Item 4 are attached as Schedule 7 / /
Schedule of Controlled Money Accounts as per Item 8 are attached as Schedule 8 / /
Copies of overdrawn Controlled Money Accounts as per Item 9 are attached as Schedule 9 / /
Listing of Trust money subject to a specific power as per Item 11 is attached as Schedule 10 / /
Listing of Register of Investment of Trust Money as per Item 12 is attached as Schedule 11 / /
Copies of overdrawn Register of Investment of Trust Money Accounts as per Item 13 are attached as Schedule 12 / /
Listing of Transit Money as per Item 15 is attached as Schedule 13 / /
19 / CERTIFICATION
Name of certifying principal:
I certify that to the best of my knowledge and belief:
(a)The details provided in Part B of the Law Practice Trust Statement are complete and correct
(b)The records in respect to:
* Tick where applicable
General Trust Accounts / /
Controlled Money Accounts / /
Trust money subject to specific power / /
Written Direction Money Accounts / /
Register of Investments of Trust Money Accounts / /
Transit money / /
been properly kept in accordance with the provisions of the Legal Profession Act2007 and Legal Profession Regulation 2007.
(c)All trust money received has been dealt with in accordance with the requirements of the Legal Profession Act2007 and Legal Profession Regulation2007.
Signed:
Date:
Privacy / Queensland Law Society (‘the Society’) is authorised to collect your personal information under the Legal Profession Act 2007 and the Legal Profession Regulation 2007, and may use the personal information you have provided in this form for a number of purposes including:
•carrying out the Society’s statutory obligations and duties;
•updating and maintaining details relating to your practise of law.
The information may be provided to various organisations, such as the Legal Services Commission and corresponding interstate and overseas authorities, in accordance with the Legal Profession Act 2007.
If you do not wish your details to be used for any one or more of the above purposes, you should advise the Records section of the Society, GPO Box 1785, Brisbane Qld 4001 in writing.
Further details about the Society’s Privacy Statement, Plan and Code of Practice and the collection of personal information may be found on the Society’s website, qls.com.au.
All questions and statements must be completed or marked NOT APPLICABLE.
QLS form 4 (LPR) version 5page 1 of 8