N O T I C E

N O T I C E 

TO: 

All Inactive and Active Members of the Law Society of the Northwest Territories 

MEMBERS ARE REMINDED that Section 48 of the Legal Profession Act requires that: 

“Every member shall deliver to the Secretary on or before September 1 in each year 

certificates of the member and of a chartered accountant or certified general 

accountant, which shall be in the form prescribed by order of the Commissioner and 

made up to the end of a 12 month fiscal period ending no earlier than June 1 of the 

previous year.” 

Members who have not had occasion to maintain a clients' trust account in the Northwest Territories 

may meet the requirements of this section by filing one of the enclosed Statutory Declarations. 

Declarations executed within the Northwest Territories can be sworn before a Commissioner for Oaths. 

Declarations executed out of the Territories must be sworn before a Notary Public under Seal. 

The prescribed Certificate of Accountant and Member (Form 2.4) is attached. Please ensure that the 

Certificate is signed as required by the appropriate member(s) AND by the accountant before the Form 

is submitted to the Law Society. 

If you are unable to provide a Certificate relating to a full 12 month fiscal period by reason of broken 

practice periods, practice within or outside of partnerships, or for any other valid reason, the Certificate 

shall relate to the period or periods that may be designated by the Executive of the Law Society. Your 

application for a designation, containing full particulars or the reasons for the designation, must be 

made in writing to the Secretary of the Society no later than June 1, 2011. 

AND FURTHER TAKE NOTICE that members failing to file either Form 2.4 or a properly sworn 

Declaration by the 1st day of September, 2010 shall, without further notice, be automatically 

suspended from membership. 

DATED this 17th day of January, 2011. 

Linda Whitford 

Executive Director 

[Deputy Secretary‐Treasurer] 

P.O. Box 1298, Station Main ∙ Yellowknife, NT ∙ X1A 2N9 ∙ Tel: (867) 873‐3828 ∙ Fax: (867) 873‐6344 ∙ info@lawsociety.nt.ca ∙ www.lawsociety.nt.ca

STATUTORY 

DECLARATION 

[Section 48] 

CANADA ) IN THE MATTER OF SECTION 48 

) OF THE LEGAL PROFESSION ACT 

NORTHWEST TERRITORIES ) OF THE NORTHWEST TERRITORIES 

I, , 

of , in , 

SOLEMNLY DECLARE THAT: 

1. I do not at the present time nor have I during the past year maintained a trust account in the 

Northwest Territories. 

2. In the event that I do establish a trust account in the Northwest Territories, I will immediately 

notify the Law Society of the Northwest Territories. 

And I make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force 

and effect as if it made under oath. 

DECLARED BEFORE ME at: 

this day of , . 

A Notary Public in and for the Province/Territory of 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

** IF THIS DOCUMENT IS EXECUTED OUTSIDE OF THE NORTHWEST TERRITORIES, 

IT MUST BE SWORN BEFORE A NOTARY PUBLIC, UNDER SEAL** 

P.O. Box 1298, Station Main · Yellowknife, NT · X1A 2N9 · Tel: (867) 873-3828 · Fax: (867) 873-6344 · info@lawsociety.nt.ca · www.lawsociety.nt.ca

FORM 2.4 

CERTIFICATE OF 

ACCOUNTANT AND 

MEMBER 

[Rule 39(1)(d), 48(d), 53(2)(c), 71(1)(a), 72(1)(c), 83(1)(b), 83(2)(b)] 

INSTRUCTIONS 

1. In this form, all references are to the Rules of the Law Society of the Northwest Territories. 

2. This form must be completed for the 12‐month fiscal period ending no earlier than June 1 of the previous 

year, except where subsection 48(2) of the Legal Profession Act applies. 

3. This form must be used ‐ copies will not be accepted. If space is insufficient, attach schedules giving the 

information requested. Any schedule in Part B is to be submitted on the accountant’s letterhead, and signed 

and dated on each page by that accountant. 

4. Part A, any schedule to Part A and Part C are to be signed and dated, 

a) in the case of a sole practitioner, by the member; 

b) in the case of a law firm with two or more lawyers and only one partner, where that partner 

is a resident member, by the partner; and 

c) in any other case, by two lawyers authorized to sign on clients’ trust accounts, including at 

least one lawyer who is a resident member. [amended R‐109‐99] 


THE LAW SOCIETY OF THE NORTHWEST TERRITORIES 

Form 2.4: Certificate of Accountant and Member Page 2 of 5 

PART A 

TO BE COMPLETED BY THE MEMBER, AS SPECIFIED IN ITEM 4 OF THE INSTRUCTIONS, BEFORE IT IS FORWARDED TO THE 

CHARTERED ACCOUNTANT OR CERTIFIED GENERAL ACCOUNTANT AND BEFORE THE FIELDWORK IS STARTED. 

Reporting period: month(s), ending , 20 . 

1. Name under which practice is conducted: 

2. Indicate practice arrangement: 

Apparent partnership 

Partnership 

Sole practitioner 

Other [please specify] 

3. Mailing Address: 

City/Town: Province/Territory: Postal Code: 

Telephone: ( ) ‐ Fax: ( ) ‐ 

4. In addition to its main office in the Northwest Territories, 

is this law practice carried on at more than one location? YES NO 

IF YES, 

are these other locations within the Northwest 

Territories? YES NO 

In other Provinces/Territories? YES NO 

Outside Canada? YES NO 

5. Does the practice maintain a system for logging and 

opening a file for each separate client matter whether or 

not trust funds are held? YES NO 

IF NO, in what circumstances is a file not opened? 




FOR SECTIONS 6 THROUGH 8: IF SPACE IS INSUFFICIENT ATTACH A SCHEDULE, SIGNED AND DATED ON EACH PAGE. 

6. Details of the individual members of the firm at any time during the reporting period: 

[If less than the full reporting period, give dates.] 

Name of member Position Dates 

7. Details of all individual members of the firm who, in addition to acting in the capacity of barrister or solicitor, 

acted alone as a personal representative of a person, or as a trustee (including as executor), where the 

appointment derived from a solicitor‐client relationship: 

Name of Member 

8. List all clients’ trust accounts, including term investments, operated during the reporting period. Include 

accounts and investments in respect of the appointments described in 7 above. (If less than full reporting 

period, give dates) 

Savings Institution Name and Branch 

Account No. 

I/We 

will disclose all books, ledgers, journals, records and accounts of this law practice to my/our accountant. 

Signature 

Date 

Signature 

Date 

Signature 

Date 




PART B 

TO BE COMPLETED BY A CHARTERED ACCOUNTANT OR CERTIFIED GENERAL ACCOUNTANT ON THE ACCOUNTANT'S 

LETTERHEAD AFTER PART A HAS BEEN FULLY COMPLETED. 

To: 

The Law Society of the Northwest Territories 

Box 1298 

Yellowknife, NT X1A 2N9 

Pursuant to section 48 of the Legal Profession Act, and in accordance with the Instructions to Accountants 

provided by the Law Society of the Northwest Territories, I/We have performed the following procedures in 

connection with the financial records and accounts of [name of member] maintained during the year ended [yearend 

date]: 

[List Procedures] 

As a result of applying the above procedures, I/we can confirm that [name of member] appears to be in 

compliance, in all material respects, with the requirements of sections 43, 44 and 45 of the Legal Profession Act 

and also sections 79, 81 to 81.9 and 84 to 90, inclusive, of the Rules of the Law Society of the Northwest Territories. 

Or, in the event of non‐compliance: 

As a result of applying the above procedures, I/we can confirm that it appears that [name of member] is not fully 

in compliance with the requirements established by sections [list relevant sections] of the Legal Profession Act and 

sections [list relevant sections] of the Rules of the Law Society of the Northwest Territories as disclosed in the 

attached supplemental report [attach a report listing all exceptions and qualifications on your letterhead, signed 

and dated on each page]. 

These procedures do not constitute an audit of the member's financial records and accounts and therefore I/we 

express no opinion on the financial records and accounts of [name of member] maintained during the year ended 

[year‐end date]. 

This letter is for use solely in connection with the requirements of section 48 of the Legal Profession Act. 

City/Town: 

Date: 

Signed 

Chartered Accountant(s) / 

Certified General Accountant(s) 




PART C 

TO BE COMPLETED BY THE MEMBER OR MEMBERS WHO SIGNED PART A, AFTER THE ACCOUNTANT HAS COMPLETED PART B. 

I/We, the member(s), certify that I/we have disclosed, to the above‐named accountant, all books, ledgers, journals, 

records and accounts of this law practice, including all funds, securities and other investments received on behalf 

of clients. 

Signature 

Date 

Signature 

Date 

Signature 

Date 


MEMORANDUM 

INSTRUCTIONS TO ACCOUNTANTS 

FOR COMPLETION OF FORM 2.4 

INTRODUCTION 

Form 2.4 is the means by which the Law Society may determine whether or not in your professional opinion: 

1. the law practice has the books of account required to be maintained by Part V of the Rules of the Law 

Society ("the Rules"); 

2. the law practice has recorded financial transactions in accordance with Part V of the Rules of the Law 

Society ("the Rules"); 

3. the accounting system in place appears adequate and to be working properly; and 

4. there were any contraventions of Part V of the Rules which came to your attention. 

The review required to complete the Form 2.4 will not be entirely the same as you would carry out if you were to 

express an opinion on the law practice's financial statements, and accordingly the minimum standards of review 

are shown under Part III of these Instructions. 

You may be asked to perform duties in addition to completing the Form 2.4, such as bookkeeping services, audited 

financial statement preparation, systems evaluation, and assistance on income tax matters. These other services 

are not part of what is required for Form 2.4 purposes. 

FORM 2.4 

The original Form 2.4 supplied by the Law Society must be used. A copy is not acceptable. If the space is 

insufficient, reference on it should be made to accompanying remarks submitted on your letterhead and signed by 

you. 

Your attention is directed to Part V of the Rules, and to Part VI of the Legal Profession Act, which are reproduced 

following these instructions. 

ENGAGEMENT PLANNING 

Some required test procedures in the following instructions relate to a selected test month. You should scan 

monthly trust reconciliations and select a test month representative of the law firm's trust transactions. The only 

P.O. Box 1298, Station Main ∙ Yellowknife, NT ∙ X1A 2N9 ∙ Tel: (867) 873‐3828 ∙ Fax: (867) 873‐6344 ∙ info@lawsociety.nt.ca ∙ www.lawsociety.nt.ca


MEMO: Page 2 of 7 

restriction of the test month is that it cannot be the same month selected in the prior year or a month where no 

transactions occurred. 

The sample size required for testing has been determined to be 5 transactions per lawyer to a maximum of 15 

transactions per firm. Many other procedures apply to the entire period, such as review of trust reconciliations and 

trust bank statements. 

MINIMUM STANDARDS 

The scope of your review made with respect to the reporting period will depend upon your professional 

judgement, but must include at least the following: 

1. Read all of these Instructions, Part V of the Rules and Part VI of the Legal Profession Act reproduced 

following these instructions. 

2. Obtain the Member's Form 2.4 with Part A thereof duly completed and signed, and retain a copy in your 

files. 

3. Note at the start of your Form 2.4 engagement the dates to which the trust and non‐trust books and 

accounts were written up and posted. 

4. With reference to Rules 81 to 81.3, review the adequacy of the accounting system for trust and non‐trust 

transactions noting any exceptions to the checklist provided below. Enquire about and review any 

modifications pursuant to Rule 81 and examine the Member's copy of the Law Society's letter of 

authorization. 

A member's books of account must be maintained in 

a. legibly handwritten form, in ink or other duplicated or permanent form; YES NO 

b. printed form; or YES NO 

c. an electronic form that can readily be transferred to printed form on 

demand. 

YES NO 

The transactions recorded in a member's books of account must be in chronological 

order and in a form that is easily traceable. 

YES NO 

A member shall maintain at least the following trust books of account: 

a. a trust cash book or synoptic showing, 

i. for all trust money received for each client, the date of receipt, the 

source of the money and the identity of the client on whose behalf the 

trust money is received, 

ii. for all money disbursed out of trust for each client, the cheque or 

voucher number, the date of each disbursement, the name of each 

recipient and the identity of the client on whose behalf the trust 

money is disbursed; 

YES NO 

YES NO 

4th Floor, Diamond Plaza ∙ 5204 – 50 th Avenue ∙ P.O. Box 1298 ∙ Yellowknife, NT ∙ X1A 1E2 ∙ Tel: (867) 873‐3828 ∙ Fax: (867) 873‐6344 ∙ info@lawsociety.nt.ca ∙ www.lawsociety.nt.ca



b. a trust ledger showing separately for each client on whose behalf trust 

money has been received, all such money received and disbursed and the 

unexpended balance; 

YES NO 

c. a record 

i. showing each transfer of money between clients' trust ledgers, YES NO 

ii. containing an explanation of the purpose for which each transfer is 

made, and 

YES NO 

iii. containing the member's written approval of the transfer; YES NO 

d. monthly trust reconciliations required to be prepared under Rule 81.7, and 

any detailed listings, documents, banking documents and vouchers 

prepared in support of the reconciliations; 

YES NO 

e. file copies of all billings for fees charged or other billings made to clients, 

which copies 

i. show the dates such charges are made, YES NO 

ii. identify the clients charged, and YES NO 

iii. are filed in chronological, alphabetical or numerical order; YES NO 

f. copies of bank validated duplicate deposit slips for all deposits made; YES NO 

g. all supporting vouchers and documents, including monthly bank 

statements, pass books, cancelled cheques, bank vouchers and similar 

documents and invoices. 

YES NO 

A member shall maintain, at a minimum, the following non‐trust books of account: 

a. a non‐trust cash book or synoptic showing, 

i. for all non‐trust money received relating to the law practice, the date 

of receipt and the source of the money, and 

YES NO 

ii. for all non‐trust money disbursed, the cheque or voucher number, the 

date of each disbursement and the name of each recipient; 

YES NO 

b. an accounts receivable ledger or other suitable system to record, for each 

client, the member/client position on all non‐trust transactions with 

respect to which a bill has been delivered or a disbursement made, and 

including: 

i. a record of all transfers from a trust account, YES NO 

ii. any other receipts from or on behalf of the client, and YES NO 

iii. the balance, if any, owed by the client; YES NO 

c. file copies of all billings for fees charged or other billings made to clients, 

which copies 

i. show the dates such charges are made, YES NO 

ii. identify the clients charged, and YES NO 




iii. are filed in chronological, alphabetical or numerical order; YES NO 

d. copies of bank validated duplicate deposit slips for all deposits made; YES NO 

e. all supporting vouchers and documents, including monthly bank 

statements, pass books, cancelled cheques, bank vouchers and similar 

documents and invoices. 

The information required to be recorded on the accounts receivable ledger referred 

to in paragraph (1) (b) may be recorded on the trust ledger referred to in paragraph 

81.2(b) if the entries are clearly identified and are not combined with trust account 

information. 

YES NO 

YES NO 

5. With reference to Rule 81.4, test check that trust transactions have been recorded within 7 days after the 

transaction, noting any exceptions and the Member's explanation. 

6. In accordance with Rule 81.6, obtain Member's confirmation that the books of account of a member show 

current transactions and the transactions for six previous years as determined by the Member's fiscal year 

end. 

7. a. Review all trust reconciliations to ensure that the reconciliations are prepared monthly and that any 

differences between the totals are supported by the documentation outlined in Rule 81.7. 

b. Review all monthly bank account statements and pass book balances, noting any shortages in a 

clients' trust fund and ensuring that the shortage has been rectified within five days after coming to 

the Member's attention and where the shortage has not been rectified within five days, review the 

Member's written report of the facts and reasons as provided to the Law Society pursuant to Rule 

81.8 or 81.9. 

c. Review all monthly trust reconciliations, including those subsequent .to the reporting period, and 

compare gross trust liability with the total of the reconciled trust bank balances. Ensure that Section 

45 has been complied with. Refer to Part IV of these Instructions. 

d. With reference to Rule 81.5, test check that trust cash books have been added and balanced within 

the allotted time, noting any exceptions and the Member's explanation. 

8. Check in detail, one month's trust bank reconciliation(s). 

9. Check in detail, one monthly trust reconciliation. 

10. Obtain independent confirmation of the balance, as at the end of the reporting period, for each pooled 

and separate trust bank accounts or other depository in use at any time during the reporting period. 

Ensure that the confirmation agrees with the reconciliations prepared by the member at the end of the 

reporting period. 




11. a. Test check receipts with deposit book and bank statements to ensure that trust money is deposited 

into a client's trust account within 7 days noting any exceptions and obtaining the Member's 

explanation. 

b. For the same sample in 11.(a), test check that the Member has paid into the client's trust account 

only that part representing trust money. 

c. Verify that trust money received by a resident member is deposited into a client's trust account in the 

Territories. 

12. a. Test check that trust money has been withdrawn in accordance with Rules 85 to 90. 

b. With reference to Rule 90, confirm that payments made out of the clients' trust account are made 

only by cheque bearing the signature or countersignature of the member or of another member 

designated as a signing authority. 

c. For the sample in 12.(a), ensure that all transactions tested were recorded within 7 days noting any 

exceptions and obtaining the Member's explanation. 

13. As provided for in Rule 89, examine any deposits made in compliance with subsection 57(4) of the Act 

pursuant to an arrangement made between the Member and a client where trust money has been 

deposited in a separate interest bearing account to ensure that the interest earned has been paid in 

accordance with the arrangement. 

COMMON REPORTING DEFICIENCIES 

The following is a brief description of some areas of concern. 

1. TRUST RECONCILIATIONS: 

The Rules require the Member to prepare monthly trust reconciliations. A trust reconciliation is, in its 

simplest form, a comparison between the trust assets (trust bank reconciliations and client separate 

interest bearing accounts) and the trust liabilities (detailed listing of the trust ledger accounts/cards). This 

reconciliation must be signed and dated by the member within 30 days of the month‐end. The 

reconciliation is the most fundamental control required by a Member. 

Recurring Problems: 

a. Exclusion of trust funds from the reconciliation. 

Exclusion of separate interest‐bearing accounts from the reconciliation constitutes a Breach of the 

Rules. Separate interest‐bearing accounts are client funds under the Member's control and must be 

included. 

b. Exclusions of inactive trust bank accounts from the reconciliation. 

Reconciliations must be completed for all operating trust bank accounts regardless of the activity 

level and closing balance. This means that inactive trust bank accounts must be reconciled even if the 

financial institution does not issue bank statements on a regular basis. 




c. Differences not identified or explained. 

All differences between the trust listing and the bank reconciliations must be identified and 

explained. The Form 2.4 must disclose any differences not explained by the Member regardless of the 

amount. The accountant must exercise judgement in evaluating the explanation provided for any 

differences. 

d. Debit balances. 

All debit balances appearing on any month end trust listing must be reported. Debit balances are 

amounts overdrawn to the credit of a client. The Law Society does not consider it appropriate to net a 

deficiency on one trust ledger card against funds held by the same client on other ledger card( s). 

there may be a restriction on the trust funds as to usage and cannot be applied against the debit 

balance. The objective of the reconciliation is to match trust assets with trust liabilities. The presence 

of a debit balance may signify that liabilities exceed available assets. 

e. Interest on separate interest‐bearing accounts. 

Interest on these investments must be posted to the trust ledger account in either the month the 

interest was received or at the latest, by the end of the following month. Interest is not posted on the 

accrual basis; it is posted when received (cash basis). For example, the trust ledger account on a daily 

interest savings account would be posted monthly, while a six month GIC would be posted once the 

investment matured. 

f. Reconciling items. 

Outstanding deposits and cheques frequently clear in the next month. However, there may be staledated 

cheques. The number and dollar amount of the stale‐dated cheques should be noted on the 

Form 2.4. Recurring reconciling items, especially those increasing the bank balance should be 

carefully scrutinized as they may indicate errors within the accounting records. Examples may include 

bank service charges and cheques not allocated against a client trust ledger account. 

2. BANK STATEMENT REVIEW: 

All trust bank statements for the Form 2.4 reporting period must be reviewed for overdrafts and for the 

Member's trust cheques issued that went NSF. These cheques are often difficult to identify as many banks 

do not record them on the bank statements but rather include a debit memo with the cancelled cheques. 

The NSF cheques do not refer to client cheques deposited into trust by the Member that are subsequently 

reversed by the financial institution. 

Recurring Problem: 

a. Bank or clerical errors resulting in an overdraft. 

Only those overdrafts which have not been rectified within five (5) days in accordance with Rule 81.8, 

need be reported. If there are numerous minor exceptions of a similar nature, report only on the 

general situation. Please note that if the bank statement has a running balance after each 

transaction, only the balance at the end of the day needs to be reviewed. 

3. TRUST LEDGER ACCOUNTS: 

The level of testing trust ledger accounts is set out above under Engagement Planning. Testing from the 




trust ledger account to the monthly trust listing consists of a minimum sample of 5 per Member and a 

maximum sample of 15 per Firm. Testing in the other direction for unrecorded transactions, that is the 

trust ledger card to the trust listing, also consists of a minimum sample of 5 per member and a maximum 

sample of 15 per Firm. The level of testing applies equally to manual and computerized systems. 


a. Insufficient testing when the trust listing is smaller than the sample size. 

A Member may have 5 or less clients on the trust listing. This reduces testing in one direction but 

does not eliminate testing using the trust ledger accounts as the source. If you are unable to meet the 

minimum testing requirements, an explanation must be provided. 

b. Insufficient testing of computerized accounting systems. 

If the trust listing report is generated from the same system as the trust ledger accounts, you are still 

required to complete all testing as entries can be backdated or revised after the trust listing report 

has been generated. 

4. FINANCIAL RECORDS: 

Rules 81.2 and 81.3 outline which financial records, both trust and non‐trust, that the Members is 

required to maintain. 


a. Trust transfer journal not maintained. 

It is not sufficient for the Member to merely record transfers on the appropriate trust ledger 

accounts. A separate trust transfer journal must also be maintained. The journal can take on many 

forms. Photocopies of trust ledger accounts involved or memos from the Member requesting the 

transfers are acceptable, provided the documentation is contained in one file folder. 

CONCLUSION 

The concept of materiality, fundamental to so many other engagements, needs to be put aside as no client money 

can be regarded as immaterial. In addition, you need to have a sound understanding and clear appreciation for the 

Rules regarding trust money. 

The Law Society welcomes active discussion between the Member and yourself and encourages you to include an 

educational component for the Member in the scope of your review. 

Since the Form 2.4 and your explanatory letter, if any, are delivered to the Law Society by the Member, their 

contents will be known to the Member. It is expected, of course, that any differences of opinion will have been 

discussed and, where possible, resolved prior to completing Part B of Form 2.4. Where differences of opinion exist, 

the Member has the option of writing a letter to the Law Society on the subject.

N O T I C E

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