3106

THE NEW ZEALAND GAZETTE.

[No. 81

of the District Law Society any matter or thing in relation
to such trust account which should in his opinion be com-
municated to the Council of such Society.

(2) The first of such examinations shall be made not
less than four months and not more than five months after
the 1st day of April in each year, and the next examination
shall be made not less than four or more than five months
after the date of the previous examination. Nothing herein
shall be deemed to prohibit more frequent examinations
being agreed upon between the solicitor and the auditor.

(3) Every solicitor shall cause his books and trust account
to be examined by his auditor on at least three occasions
in respect of each yearly period as provided by this regulation.

(4) In the case of a solicitor hereafter commencing practice
otherwise than on the first day of April in any year, the pro-
visions of this regulation shall not apply in respect of that
year, but such solicitor shall cause his books and trust
account to be examined by his auditor in respect of that
year on such occasions, not exceeding three, as may be required
by the Council of the District Law Society.

5. (1) In respect of the period between the date of the
   coming into operation of these regulations and the 31st day
   of March, 1932, the auditor shall examine the books and trust
   account of each solicitor whose trust account he has been
   appointed to audit on at least two occasions. The first of
   such examinations shall be made not more than three months
   after the date of the coming into operation of these regulations.

(2) This regulation shall not apply in the case of a solicitor
commencing practice after the date of the coming into operation
of these regulations.

6. (1) Every person who commences practice as a solicitor,
   whether on his own account or in partnership with another or
   other solicitor or solicitors, shall, within two months there-
   after, give written notice of the fact to the Secretary of the
   District Law Society. This provision applies also to every
   person who, having been in practice as a solicitor and having
   ceased to so practice, again commences practice as a solicitor.

(2) Where the businesses of two or more practising soli-
citors or firms of solicitors are amalgamated, the amalga-
mated firm shall, within two months thereafter, give written
notice of the fact to the Secretary of the District Law Society.

(3) Where two or more solicitors are in practice in partner-
ship and such partnership is dissolved each member of the
original partnership shall, within two months thereafter,
given written notice of the fact to the Secretary of the Dis-
trict Law Society.

(4) Every solicitor who, having been in practice in the
district of one District Law Society, commences practice in
the district of another District Law Society, shall forthwith
give written notice of the fact to the Secretary of the last-
mentioned District Law Society.

7. The auditor by whom the audit of and reports on a
   solicitor's trust account are to be made shall be selected and
   employed for that purpose by such solicitor.

8. No auditor shall be qualified to audit the trust account
   of a solicitor if he is, or at any time within twenty-four months
   before the date of his report has been, a clerk, servant, or
   partner of such solicitor, or if he is a clerk or servant of any
   other practising solicitor, or if he is himself a practising
   solicitor.

9. (1) Every solicitor shall, within one month after the date
   of the coming into operation of these regulations, forward to
   the Secretary of the District Law Society the name of the
   auditor or auditors appointed by him to audit his trust
   account or trust accounts.

(2) Every person who hereafter commences practice as a
solicitor shall, within two months thereafter, forward to the
Secretary of the District Law Society the name of the auditor
appointed by him to audit his trust account.

10. No solicitor shall change his auditor as notified to the
    Secretary of the District Law Society pursuant to the last
    preceding regulation save with the consent in writing of the
    Council of such District Law Society first had and obtained.

11. (1) Any approval granted by the Council of a District
    Law Society to any person to act as an auditor of solicitors'
    trust accounts may be at any time revoked by the Council
    of such Society.

(2) Any approval granted by the Solicitor-General to any
person to act as an auditor of solicitors' trust accounts under
the regulations hereby revoked may be at any time revoked
by the Council of any District Law Society in so far as the
audit of trust accounts of solicitors practising in that society's
district is concerned.

12. Save in so far as it may be previously revoked under
    the last preceding regulation, any approval as an auditor of
    solicitors' trust accounts granted by the Solicitor-General
    under the regulations hereby revoked, shall continue in force
    until the 30th day of June, 1932, and shall thereafter be
    deemed to be revoked.

13. It shall be the duty of every solicitor to keep his trust
    account in such a manner as to disclose to the auditor the
    position of the funds therein, and to enable the same to be
    conveniently and properly audited, and such trust account
    shall be correctly balanced at the end of each calendar month.

14. Every solicitor, or in the case of a firm one or more
    of the members of such firm, shall supply to the auditor a
    list (verified by statutory declaration) of the trust banking
    accounts operated on solely by the solicitor or his firm, or
    any member of such firm, together with any pass-books or
    bank statements relating to such accounts.

15. For the purpose of every audit and report every solicitor
    shall, as and when required, produce to the auditor all books,
    papers, accounts, documents, and securities in any way
    relating to his trust account, and give such information as
    may reasonably be required by the auditor.

16. Within the first fourteen days of each calendar month
    other than January, and within the first twenty-one days in
    January, every solicitor shall forward to the auditor of his
    trust account a list certified to by such solicitor or, in the case
    of a firm, by one of the members of such firm, of the balances
    standing to the credit of every client in his or their trust
    account as at the end of the preceding month.

17. Where a solicitor is, or any members of a firm are, the
    only trustee or trustees in an estate, and separate books and a
    separate banking account are kept for such estate, then such
    books shall be submitted for audit to the auditor of the
    solicitor's trust account or to some other auditor approved
    under these regulations, and in such case such auditor shall
    have the same powers and duties in relation to the audit and
    examination of the books and accounts of such estate as the
    auditor of the solicitor's trust account has with respect to
    the audit of the said solicitors' trust account.

18. It shall be the duty of all banks, on the request of any
    auditor engaged in the audit of a solicitor's trust account
    under these regulations, to supply to that auditor a list of the
    accounts operated on solely by such solicitor, and all such
    information as to the bank account or accounts of that solicitor,
    or of any account on which such solicitor shall operate solely
    as may reasonably be required for the purposes of such audit.

19. (1) Every solicitor or firm of solicitors shall forthwith
    give to the person paying the same a receipt for each sum of
    money received by him or them for or on behalf of any person,
    specifying briefly the subject-matter or purpose in respect of
    which such moneys are received, and shall retain a legible
    carbon duplicate of such receipt.

(2) All such receipts shall be given only on forms which
shall be supplied to the solicitor by the New Zealand Law
Society or some person authorized by it in that behalf.

(3) Such forms shall be so supplied in bound books of not
less than 120 each, arranged so that a carbon duplicate of each
receipt issued shall be retained in the book, and such retained
duplicates shall be produced in the appropriate books to the
auditor at each audit, and if required by the auditor at each
examination.

(4) The forms of receipts in such bound books with the
forms of duplicates shall, before issue by the New Zealand
Law Society or by the person so authorized by it, be numbered
and/or lettered consecutively, so that each book of forms may
be identified, and so that the receipt and duplicate shall have
the same identification mark.

(5) The New Zealand Law Society or such authorized person
shall keep a record of the identification marks of the books
of receipts issued to each solicitor or firm of solicitors, and
promptly notify to each auditor the particulars of every
issue of such forms to every solicitor or firm of solicitors whose
trust account he has been appointed to audit.

(6) At every audit and (if required by the auditor) at any
examination all unused books of receipts held by the solicitor
shall be produced by the solicitor to the auditor.

(7) For the purpose of this regulation the Secretary of each
District Law Society shall promptly notify to the New Zealand
Law Society the name and address of each auditor and the
solicitors or firms of solicitors whose trust accounts he has
been appointed to audit, and the New Zealand Law Society
shall keep a properly indexed record of the same.

(8) This regulation shall come into force on the 1st day of
April, 1932.

20. Every solicitor shall produce to the auditor of his trust
    account the relative documents or receipts required by such
    auditor to verify any payments made from the solicitor's
    trust account during the audit period whether by way of
    loans or purchases.

21. Every auditor of a solicitor's trust account shall include
    in his report furnished pursuant to Regulation 2 hereof a
    statement as to the following matters:-

(a) Whether the trust account of such solicitor has in the
opinion of the auditor been kept regularly and properly
written up: