52.53.55.věstník - Česká advokátní komora

Strana 65 Věstník České advokátní komory 2004
Částka 3/2004
7
Resolution of the Board of the Czech Bar Association
of June 28, 2004,
on Safekeeping of Clients’ Money, Securities or Other Property by Attorneys-at-Law
Pursuant to s. 44(4)(b) and s. 56a(4) of Act No. 85/
/1996 Coll., the Legal Profession Act, as subsequently
amended (hereinafter referred to only as “the Act”), the
Board of the Czech Bar Association has adopted the following
resolution:
Art. 1
General Provisions
(1) This professional regulation shall govern the safekeeping
of clients’ money, securities or other property by
attorneys-at-law, based on a contract on asset administration
(s. 56a(3) of the Act) or a contract on bailment concluded
between the attorney-at-law and the client; 1)
either of these contracts must be executed in writing.
(2) Where this professional regulation mentions attorneys-at-law,
the term shall be – where applicable in view
of the circumstances – understood to include a company
established for the purpose of legal practice.
(3) A contract concluded pursuant to paragraph 1 shall
clearly identify the person who entrusts money or securities
for safekeeping by the attorney-at-law; 2) furthermore,
the contract shall specify the amount and currency of
money to be entrusted to the attorney-at-law for safekeeping,
or contain a list or securities or other property
accepted for safekeeping, whereby such a list must provide
for clear and unambiguous identification of such securities
or other property.
(4) Before a contract is concluded pursuant to paragraph
1, the attorney-at-law shall inform his/her client of
the duties resulting from legal and professional regulations
providing for measures preventing the legalisation of proceeds
from crime.
Art. 2
Safekeeping of Money
(1) In connection with legal practice an attorney-atlaw
may accept money from his/her client or a third party
(hereinafter referred to only as “client’s funds”) for safekeeping:
a) in cash in Czech or foreign currency,
1) S. 747ff of the Civil Code.
b) funds deposited into a special account of the attorney-at-law
kept in a bank or with another entity
authorised to receive deposits pursuant to the relevant
legislation (hereinafter referred to only as
“bank”); whereby the attorney-at-law shall take
into account the client’s requests when selecting
a bank, or
c) funds cashlessly transferred to a special bank
account of the attorney-at-law.
(2) An attorney-at-law may accept client’s funds in
cash, as specified in paragraph 1, letter a), only up to the
amount of 15,000 EUR; the EUR value of amounts
denominated in other currencies shall be calculated by the
attorney-at-law in such a manner as the relevant regulation3)
prescribes for the conversion of currencies for the
purpose of cashless transfers. The attorney-at-law shall
deposit any client’s funds thus received without undue
delay, but at the latest within 5 working days, into the
attorney-at-law’s special bank account.
(3) The account in which the client’s funds are kept
(hereinafter referred to only as “the account”) shall be kept
in the name of the attorney-at-law. Where the attorneyat-law
carries out legal practice within the framework of
an association (s. 14 of the Act), the account may be kept
in the name of any one attorney-at-law who is a member
of the association. The title of the account must clearly
indicate that it holds the funds of a client (e.g. “entrusted
into the safekeeping of the attorney-at-law”). Where the
account commands some interest, the client’s funds
entrusted to the attorney-at-law at different times shall be
kept in a manner that will facilitate clear identification of
individual lots.
(4) Provided that the contract concluded with the
client (Art. 1, para. 1) does not stipulate otherwise, any
and all funds shall be disbursed to the client immediately
or at the earliest possible date indicated by the bank in its
conditions, or on the terms agreed upon with the client.
The attorney-at-law shall inform his/her client about the
payment terms and conditions of the selected bank before
accepting any funds for safekeeping. Unless otherwise
provided for by relevant legislation, the attorney-at-law
shall disburse the funds kept in the aforesaid account to
2) S. 1a(3) and s. 2(2)(c), of Act No. 61/1996 Coll., On Certain Measures Against the Legalisation of Proceeds from Crime and on the Amendment
of and to Related Legislation, as subsequently amended.
3) S. 4(2) of Act No. 254/2004 Coll., On Restriction of Cash Payments and on the Amendment of Act No. 337/1992 Coll., On the Administration
of Taxes and Charges, as subsequently amended.