Estate money in a joint account with a lay executor: which Accounts Rules apply (rules 9 and 12)
Sterling Acheampong LLP acts for Raj, the sole executor of his late aunt's estate. With Raj's agreement, £60,000 of estate money is placed in a deposit account opened in the joint names of the firm and Raj. Both must sign any withdrawal. The firm also holds other client money in its general client account. The firm's cashier asks which requirements of the SRA Accounts Rules apply to the joint account.
Which of the following best describes the firm's obligations in relation to the joint account?
Choose one answer to see the reasoning.
Worked answer
Correct answer E: Part 2 is disapplied save that the firm must obtain statements at least every five weeks and keep its record of bills; the accountant's report duty also applies.
THE RULE TO REMEMBER
For money held jointly with a client or third party, Part 2 is disapplied except statements every five weeks (8.2) and the bills record (8.4); joint accounts still bring the firm within the accountant's report rule.
Estate money in a joint account with a lay executor: which Accounts Rules apply (rules 9 and 12)
Rule 9.1 of the SRA Accounts Rules provides that if, when acting in a client's matter, the firm holds or receives money jointly with the client or a third party, Part 2 of the Rules does not apply except rule 8.2 (obtaining statements from banks and other financial institutions at least every five weeks) and rule 8.4 (keeping a central record of bills and other written notifications of costs). The joint account with Raj falls within rule 9, so the general client account duties, such as paying money promptly into a client account and the five-weekly three-way reconciliation, do not apply to it. However, rule 12.1 requires an accountant's report for any accounting period in which the firm has operated a joint account, and the balance of joint accounts counts toward the exemption thresholds in rule 12.3. This contrasts with rule 10, under which a firm operating a client's own account as signatory must also reconcile under rule 8.3.
Why A is wrong: Rule 9 recognises that money may properly be held jointly with the client, and disapplies the client account requirements of Part 2.
Why B is wrong: Rule 9.1 expressly disapplies Part 2 save for rules 8.2 and 8.4.
Why C is wrong: Five-weekly reconciliation under rule 8.3 is preserved for a client's own account operated as signatory (rule 10), not for joint accounts under rule 9.
Why D is wrong: Rule 9.1 preserves rules 8.2 and 8.4, and rule 12.1 extends the accountant's report requirement to joint accounts.
A little more practice done.
Related questions
Accountant's report exemption: both the average and maximum balance limits must be met (rule 12.2)
Which of the following best describes the firm's obligation for that accounting period?
Client account reconciliations every five weeks (SRA Accounts Rules, rule 8.3)
Which of the following best describes the firm's obligation?
Client account must not be used as a banking facility (SRA Accounts Rules, rule 3.3)
Which of the following best describes how the firm should respond?
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