ARCTIC OBITER
Download - Law Society of the Northwest Territories
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FINANCIAL MATTERS<br />
Over $8.8 Million to be refunded to CBIA customers!<br />
The CBIA is excited to announce that, as a result of better<br />
than anticipated financial performance, in October 2013,<br />
CBIA Business Overhead Expense and Term Life certificate<br />
owners will share in over $8.8 million through a premium<br />
refund.<br />
Qualifying Business Overhead Expense certificate owners<br />
will receive a cheque in an amount equal to 100% of their<br />
2012 paid premiums.<br />
Qualifying Term Life certificate owners will receive a cheque<br />
in an amount equal to more than 32% of their 2012 paid premiums<br />
on combined face amounts of $1,500,000 or less per<br />
life insured.<br />
The CBIA helps members of the Canadian legal profession<br />
buy high-quality insurance at the lowest possible cost. This<br />
is achieved through a combination of group buying power<br />
and our no-profit, breakeven pricing goal. If better than anticipated<br />
plan performance results in a financial position<br />
that exceeds the long-term requirements of an insurance<br />
program, we return this money to our customers. Such is the<br />
case with the over $8.8 million now being refunded to most<br />
Term Life and Business Overhead Expense insurance customers.<br />
Although we cannot guarantee future results, over the last<br />
15 years better than anticipated plan performance has resulted<br />
in over $53 million being returned to CBIA customers<br />
through reduced rates, contractual improvements and refunded<br />
premiums.<br />
Choosing the Right Bank for Your Trust Accounts<br />
If you’re in private practice and do more than legal aid<br />
work, you’ve got a trust account. Any interest that the account<br />
generates is to be paid, by law, to the NWT Law Foundation<br />
semi-annually under the Legal Profession Act, s. 57(2).<br />
Not all trust accounts are equal, however, so it bears taking a<br />
few minutes to assess what your bank is doing for you, and<br />
whether or not you could be doing a better job generating<br />
interest on those trust monies.<br />
It is the lawyer’s obligation to instruct their bank to remit<br />
any interest earned on the trust monies to the Law Foundation<br />
every six months. Every year during the audit process,<br />
we discover a few lawyers who have been receiving the interest<br />
back into the trust account, which is verboten under<br />
the Act. Please review your bank statements carefully in order<br />
to be sure the interest is not going back into the account,<br />
and check with the bank periodically to make sure the interest<br />
is actually being paid to the Law Foundation.<br />
Currently, the five banks operating in the NWT have<br />
slightly different rates of return—ScotiaBank is offering<br />
prime less 3%, effectively zero interest. The other four—<br />
Bank of Montreal, CIBC, Royal Bank and TD—are all offering<br />
0.25%. When dealing with your bank, please insist on<br />
getting the highest return possible—low interest has a direct<br />
effect on the work the Law Foundation can support year to<br />
year.<br />
We rely on your diligence, so please take a couple of minutes<br />
to make sure your part of the system is working the<br />
way it is supposed to. Students and community groups<br />
thank you for your efforts.<br />
RULES REFRESHER:<br />
#113 A member shall only pay an amount out of a clients trust account by cheque bearing the signature or<br />
countersignature of the member or of another member that he or she has designated as a signing<br />
authority.<br />
10 ■ FALL 2013 <strong>ARCTIC</strong> <strong>OBITER</strong>