FAC1503 - Example Updates - Explanatory Examples
FAC1503 - Example Updates - Explanatory Examples
Contents
1. Glossary of terminology used in this teaching document ................................................. 2
3. Acronyms ................................................................................................................................ 4
6. What are the requirements for the operation of a trust bank account ....................... 7
8. Trust Bank Accounts – Section 84 and 86 of the Legal Practice Act, 28 of 2014 ..... 28
Page 2 of 41
1. Glossary of terminology used in this teaching document (The symbols refer to where
the terms have been used in the document)
1. Account
An account is a part of the accounting system used to classify and summarise the
increases, decreases, and balances of each asset, liability, and equity item.
2. Accounting equation
A mathematical equation on which the framework of accounting is based. The
equation MUST always balance. (BAE)
3. Advocates’ journal
The purpose of the advocates’ journals is to record all items regarding claims for
services rendered by advocates. The advocates’ journal is completed from
statements received from the advocates for services rendered to the clients of the
law firm. For purposes of FAC1503, statements received from an advocate are
recorded in the general journal due to the limited number of transactions.
3. Books of first entry
Books of prime entry are part of the double-entry system. All transactions are first
entered into a book of prime entry. Thereafter the posting is made to the General
Ledger. There are six books of prime entry:
1. Purchases journal
2. Sales journal These four journals are only used if the business
3. Purchases returns journal buys and sells goods.
4. Sales returns journal
5. General journal
6. Cash book (Cash receipts journal and Cash payments journal).
4. Cash records
Cash transactions are recorded in cash books (Cash receipts journal and cash
payments journal)
5. Credit transactions
Credit (non-cash) transactions are the ability of a customer to obtain goods or
services before payment, based on the trust that payment will be made in the future.
Credit transactions are recorded in sundry journals such as fees journal, sheriff’s
journal, advocates journal or the general journal.
6. Cheque
A cheque (a specially printed form) is an order to a bank to pay the sum stated on
the front of the cheque from the drawer's (the writer of the cheque/payer) account, to
the payee (named on the front of the cheque).
7. Contra-account
The opposite account that is debited or credited when applying the double-entry
system.
Page 3 of 41
8. Credit
A credit is an accounting entry that either increases a liability or equity account or
decreases an asset or expense account.
9. Debit
A debit is an accounting entry that either increases an asset or expense account or
decreases a liability or equity account.
10. Electronic funds transfer (EFT)
An electronic funds transfer is a transaction that takes place over a digital network,
either among accounts at the same bank or to different accounts at separate financial
institutions.
11. Fees journal
All fees levied for services rendered to clients (either for cash or on credit) are
recorded in the fees journal.
12. General journal
A general journal is used to record unique journal entries that cannot be processed
in a more efficient manner. In the general journal, you must enter the account(s) to
be debited and the account(s) to be credited along with their amounts and a brief
description. Examples of transaction recorded in the general journal are:
• Depreciation
• Other adjusting entries
• Bad debts
• Sale of an asset used in the business
3. Acronyms
EFT Electronic funds transfer
LPA Legal Practices Act, (28 of 2014)
LPF Fund Legal Practitioners’ Fidelity Fund
In the double-entry bookkeeping system, every transaction or event affects at least two
different accounts (one account is debited and the other credited). It serves as a kind of error-
detection system: if at any point, the sum of debits does not equal the corresponding sum of
credits, then an error has occurred.
Page 5 of 41
In summary:
ASSETS
Dr Increase Decrease Cr
LIABILITIES
Dr Decrease Increase Cr
EXPENDITURE
Dr Increase Decrease Cr
REVENUE
Dr Decrease Increase Cr
TIP
NET ASSETS is equal to the difference between revenue earned and the
expenditure incurred.
Mini example:
A motor vehicle is purchased for R50 000 for cash.
A motor vehicle is an asset of the business.
A positive bank account is also an asset of the business.
Dr MOTOR VEHICLE Cr
50 000
Dr BANK ACCOUNT Cr
50 000
The business’s cash in the bank decreases and the motor vehicles owned by the business
increases. Both legs of the transaction affect the assets of the entity.
The accounting cycle is a set of steps that are repeated in the same order every period. The
starting point of the cycle is the recording of the business transactions and leading up to the
preparation of financial statements. The key steps in the accounting cycle include recording
journal entries, posting to the general ledger, preparing the trial balances, making adjusting
entries, and creating financial statements. An accountant should be aware at all times, at which
stage of the accounting cycle the recording process is.
Page 6 of 41
The sole purpose of recording transactions and keeping track of expenses and revenues is to
convert the data into meaning financial information by presenting it in the form of financial
statements. Financial statements are composed of the following components:
• statement of financial position (balance sheet)
• Statement of profit or loss and other comprehensive income (income statement)
• statement of owner’s equity, and
• statement of cash flows.
Source
Transactions take place Source documents documents are
are completed recorded in books
of first entry
Analysis and
interpretation of Accounting General ledger is
financial statements Cycle updated
take place
Financial
Prepare to adjust
statements are Trial balance is
journal entries at
compiled at the end
the end of the compiled
of the financial
period
period
The business bank account is used for receipts and payments relating to ordinary
business transactions. In some instances, payments can be made from the business
bank account on behalf of clients. These payments are not recommended and must be
limited. An attorney should not make payments on behalf of a client from the business
bank account, based on a promise from the client that the amount will be returned.
The trust bank account is used for receipts of trust money entrusted by clients to the
attorney and payment of trust money to third parties as mandated by the client. The bank
statement must contain a reference to the fact that it is an account opened and maintained
in terms of section 86(2) of the LPA.
Page 7 of 41
• For each bank account, there must be a set of accounting records i.e. two sets of
accounting records
An attorney needs to run, simultaneously, two sets of accounting records. One set is the
Trust account set of books and one is the Business account set of books.
It may be necessary for the attorney to transfer funds from the Trust bank account to the
Business bank account. The attorney will then pay the money from the Trust bank
account to the Business bank account and record the transaction in both the Trust
account set of books and the Business bank set of accounts.
The Trust account and the Business account are not linked.
6. What are the requirements for the operation of a trust bank account
One of the duties of the management of an attorney’s practice is to ensure that sufficient
funds are available in the trust bank account at all times to be able to fulfil all the
responsibilities that the attorney has to the client.
Clients deposit funds to be held in trust for future payments of costs incurred on behalf of
such clients and to cover future fees that will be charged to the client.
Notes
Page 8 of 41
TIP Nominal accounts (N) in the General Ledger record expenses, profits, losses and gains. Balance
sheet (new term Statement of Financial Position) accounts (B) record assets, liabilities and equity.
Folio nos. are used to uniquely identify an entry in a journal or ledger.
Folio Dr Cr
Trial balance at 01/06/2019 No. R R
Capital B1 50 000
Accumulated income [accumulated income carried over from the previous
financial period] B2 52 900
Fee income N1 150 000
Water and lights [accumulated expenses from previous months in the financial period] N2 48 900
Rental paid [accumulated expenses from previous months in the financial period] N3 27 500
Law library B3 56 000
Furniture and fittings B4 82 000
Business cash book (Dr balance) [Balance of Business bank account] B5 15 500
Trust cash book (Dr balance) [Balance of Trust bank account] B6 40 000
Clients control [Balance of list of clients that owe money to the practice] B7 23 000
Trust creditors control [Balance list of clients that the practice owes
money to] B8 40 000
292 900 292 900
[Opening balances see the general ledger accounts]
The practice received the following deposits, which were paid into the trust bank account:
R
05/06/2019 A Teng (Folio no. T4) re Divorce fees 10 000
10/06/2019 P Path (Folio no. T1) re Adoption fees 20 000
20/06/2019 B Ball (Folio no. T3) re Mortgage Bond 29 000
59 000
Page 9 of 41
The practice received the following deposits, which were paid into the business bank account:
R
06/06/2019 G Gold 11 800
10/06/2019 H Heat 7 000
20/06/2019 C Truth 35 000
53 800
The practice made payments for the following expenses during the month of June 2019:
June R
01/06 Pay office rent for the month of June 8 000
10/06 Pay transfer duties for the purchase transaction on behalf of T Truth. 25 000
15/06 Pay advocate F Front obo B Ball 3 800
30/06 Pay the water and electricity account for June 5 500
The practice issued the following fee notes for work done during June 2019:
June R
20/06 Invoice T Truth re fees in respect of mortgage bond 10 000
20/06 Invoice L Lunlaza re collection fees 6 600
20/06 Invoice B Ball re fees in respect of mortgage bond 18 000
REQUIRED:
Prepare the following in the books of Lane Attorneys for June 2019:
1. Books of first entry
1.1 Trust cash journals
1.2 Business cash journals
1.3 Fees journal
1.4 Transfer journal
2. Ledgers
2.1 General ledger
2.2 Clients ledger
2.3 Trust creditors ledger
3. The trial balance of Lane Attorneys at 30 June 2019
Page 10 of 41
1.1.1 Trust cash receipts journal of Lane Attorneys for June 2019 TCRJ
Trust
creditors Trust
Sundries control bank
Date Receipts Fol. R R R
05/06 A Teng re divorce fees TCL4 10 000 10 000
10/06 P Path re-adoption fees TCL1 20 000 20 000
20/06 B Ball re mortgage Bond TCL3 29 000 29 000
59 000 59 000
Folio reference TCL refers to Trust B8 B6
creditors ledger(refer to explanation below)
1.1.2 Trust cash payments journal of Lane Attorneys for June 2019 TCPJ
Trust
creditors Trust
Sundries control bank
Date Payments Fol. R R R
30/06 Transfer to business bank B5 21 800 21 800
21 800 21 800
B6
1.2.1 Business cash receipts journal of Lane Attorneys for June 2019 BCRJ
Clients Business
Sundries control bank
Date Receipts Fol. R R R
06/06 T Truth CL5 35 000 35 000
10/06 G Gold CL1 11 800 11 800
20/06 H Heat CL2 7 000 7 000
30/06 Trust bank – Transfer 21 800 21 800
21 800 53 800 75 600
Cr B7 Dr B5
TIP The CL folio reference above refers to the creditors’ ledger. The creditors ledger is a sub-
ledger of the General Ledger and contains the clients’ accounts for clients with credit
balances
Page 11 of 41
1.2.2 Business cash payments journal of Lane Attorneys for June 2019 BCPJ
Clients Business
Sundries control bank
Date Payments Fol. R R R
01/06 Office rental (June) N3 8 000 8 000
10/06 Transfer duties – T Truth CL5 25 000 25 000
15/06 Advocates fees – B Ball CL4 3 800 3 800
30/06 Water and electricity account (June) N2 5 500 5 500
13 500 28 800 42 300
Dr B7 Cr B5
Dr Accumulated income B2 Cr
2019 R 2019 R
30/06 Closing balance c/d 52 900 01/06 Opening balance b/d 52 900
52 900 52 900
2019
01/07 Closing balance b/d 52 900
Dr Law library B3 Cr
2019 R 2019 R
30/06 Opening balance b/d 56 000 01/06 Closing balance c/d 56 000
56 000 56 000
2019
01/07 Opening balance b/d 56 000
Page 13 of 41
Dr Rental paid N3 Cr
2019 R 2019 R
01/06 Opening balance b/d 27 500 30/06 Closing balance c/d 35 500
30/06 June expenses BCPJ 8 000
35 500 35 500
2019
01/07 Opening balance b/d 35 500
Page 14 of 41
3. Clients ledger
Dr G Gold CL1 Cr
2019 R 2019 R
01/06 Opening balance b/d 14 000 06/06 Receipt BCRJ 11 800
30/06 Closing balance c/d 2 200
14 000 14 000
2019
01/07 Opening balance b/d 2 200
Dr H Heat CL2 Cr
2019 R 2019 R
01/06 Opening balance b/d 7 000 10/06 Receipt BCRJ 7 000
7 000 7 000
2019
01/07 Opening balance b/d 0
Dr B Bomvu CL2 Cr
2019 R 2019 R
01/06 Opening balance b/d 2 000 30/06 Closing balance c/d 2 000
2 000 2 000
2019
01/07 Opening balance b/d 2 000
Dr B Ball CL4 Cr
2019 R 2019 R
01/06 Opening balance b/d 0 30/06 Transfer TJ 21 800
10/06 Costs BCPJ 3 800
20/06 Fees charged FJ 18 000
21 800 21 800
Dr T Truth CL5 Cr
2019 R 2019 R
01/06 Opening balance b/d 0 20/06 Receipts 35 000
15/06 Costs BCPJ 25 000 30/06 Closing balance c/d 0
20/06 Fees charged FJ 10 000
35 000 35 000
2019
01/07 Opening balance b/d 0
Notes
Page 15 of 41
Dr L Lunlaza CL6 Cr
2019 R 2019 R
01/06 Opening balance b/d 0 30/06 Closing balance c/d 6 600
20/06 Fees charged FJ 6 600
6 600 6 600
2019
01/07 Opening balance b/d 6 600
R
CL1 G Gold 2 200
CL3 B Bomvu 2 000
CL6 L Lunlaza 6 600
10 800
Dr L Lunlaza TCL2 Cr
2019 R 2019 R
30/06 Closing balance c/d 22 000 01/06 Opening balance b/d 22 000
22 000 22 000
2019
01/07 Opening balance b/d 22 000
Dr B Ball TCL3 Cr
2019 R 2019 R
30/06 Transfer of funds TJ 21 800 01/06 Opening balance b/d 0
30/06 Closing balance c/d 7 200 30/06 Trust receipt TCRJ 29 000
29 000 29 000
2019
01/07 Opening balance b/d 7 200
Page 16 of 41
Dr A Teng TCL4 Cr
2019 R 2019 R
30/06 Closing balance c/d 10 000 01/06 Opening balance b/d 0
30/06 Trust receipt TCRJ 10 000
10 000 10 000
2019
01/07 Opening balance b/d 10 000
Notes
Page 17 of 41
LEARNING ACTIVITY 6.1 Preparing the ledger accounts and the trial balance
TIP
A law practice delivers a service to its clients. Therefore, the business does not buy
and sell goods.
The following relates to Mecer Attorneys that are not registered as a VAT vendor:
Column of
Name of each Column of accounts with a
ledger account accounts with a credit balance
debit balance
TIP # Providing a folio no. is a form of reference. In the trial balance above, there is a folio no. referring
to B1 – This shows that the Capital Account is the first account in the General Ledger. The B refers
to the term Balance Sheet, which was the previous name for the Statement of Financial Position
(The statement that presents the financial position of the business at the end of the reporting period.)
N stands for Nominal account (The nominal accounts are the statement of profit and loss
accounts such as the accounts for recording revenues, expenses, gains, and losses. These
accounts are closed off at the end of the reporting period and the balance transferred to a Statement
of Financial Position account such as the equity account either the proprietor's capital account or
the entity's retained earnings account.
T is for Trust creditor in the Trust Creditors Ledger
C is for Client in the Clients Ledger
20 Debit T Tank with fees in respect of the third party case, R1 728
20 Pay advocate D Donkin in respect of the third party case of T Tank, R3 960. #
22 Pay sheriff fees from trust monies for issuing of summons on M Mtuli, R48.
Page 19 of 41
22 Pay registration expenses from trust monies in respect of the company registration
for W Winston, R360.
27 F Franco’s cheque is returned by the bank, marked “R/D”.
28 Sell an old typewriter for R324 on credit to N Nolan.
28 Receive office rent of R720 from A Aston for sub-letting a section of the premises.
28 Issue cheques for: [These are expenses incurred to operate the practice]
Wages, R6 388.
Water and electricity, R2 040.
Telephone, R636.
# The payment to advocate D Donkin is made from the business bank account as T Tank did not
specifically deposit funds in the trust bank account for this purpose (Also refer to learning unit 4).
Additional information
1. All payments are made by cheque or electronic fund transfers.
2. The legal practice does not make use of advocate and sheriff journals as their services are
not frequently used.
3. Mecer Attorneys do not make use of a business creditors control account as the majority
of business expenses are cash transactions.
REQUIRED:
Prepare the following in the books of Mecer Attorneys for February 20.6:
1. Books of first entry
• Business cash journals
• Trust cash journals
• Fees journal
• General journal
2. Ledgers
• General ledger
• Clients ledger
• Trust creditors ledger
3. The trial balance of Mecer Attorneys at 28 February 20.6
Notes
Page 20 of 41
Business cash receipts journal of Mecer Attorneys for February 20.6 BCRJ
Clients
Sundries control Bank
Date Receipts Fol. R R R
2 F Franco C1 648 648
9 T Tank C2 75 600 75 600
28 Rent received N6 720 720
720 76 248 76 968
Rent received from a lessee sub-
leasing a part of the premises B7 B5
TIP The Cash Book of a business is divided into a Cash Receipts Journal and a *Cash Payments Journal.
In the case of a lawyer’s practice, there is also a *Trust Cash Receipts Journal and *Trust Cash
Payments Journal.
*Business cash payments journal of Mecer Attorneys for February 20.6 BCPJ
Clients Business
Sundries control bank
Date Payments Fol. R R R
1 Office rent N6 1 440 1 440
2 Law library B2 120 120
20 T Tank (advocate) [see note by transaction] CL2 3 960 3 960
27 F Franco (R/D) CL1 648 648
28 Wages N5 6 388 6 388
28 Water and electricity N4 2 040 2 040
28 Telephone N3 636 636
10 624 4 608 15 232
B7 B5
Notes
Page 21 of 41
*Trust cash receipts journal of Mecer Attorneys for February 20.6 TCRJ
Trust
creditors Trust
Sundries control bank
Date Receipts Fol. R R R
8 M Mtuli (divorce) TCL2 1 620 1 620
10 W Winston (company) TCL3 3 432 3 432
12 T Tank TCL4 720 720
5 772 5 772
B8 B6
*Trust cash payments journal of Mecer Attorneys for February 20.6 TCPJ
Trust
creditors Trust
Sundries control bank
Date Payments Fol. R R R
16 T Tank (police report) TCl4 60 60
17 K Kline (taxes – Akasia property) TCL1 1 440 1 440
18 K Kline (Akasia property) TCL1 1 080 1 080
22 M Mtuli (sheriff) TCL2 48 48
22 W Winston (company registration) TCL3 360 360
2 988 2 988
B8 B6
Fees journal
Fees journal of Mecer Attorneys for February 20.6 FJ
Clients
control Fees
Date Details Fol. R R
5 F Franco – redrafting of will CL1 2 376 2 376
9 T Tank – re court case CL2 75 600 75 600
20 T Tank – re third party case CL3 1 728 1 728
79 704 79 704
B7 N1
Page 22 of 41
TIP
Nominal accounts in the General Ledger record expenses, profits, losses and gains and is shown
by an N. In a computerised accounting package the programme also makes use of B’s and N’s
2. Ledgers
General ledger of Mecer Attorneys Equity
Dr Capital B1 Cr
R 20.6 R
Feb 1 Balance b/d 256 800
Asset See glossary for
Historical cost
Dr Law library at cost B2 Cr
20.6 R R
Feb 1 Balance b/d 36 000
2 Business bank BCPJ 120
36 120
Page 23 of 41
Asset
Dr Equipment at cost B3 Cr
20.6 R 20.6 R
Feb 1 Balance b/d 32 400 Feb 28 N Nolan GJ 324
28 Balance c/d 32 076
32 400 32 400
Mar 1 Balance b/d 32 076
Asset
Asset
Asset
Notes
Page 24 of 41
Dr Clients control B7 Cr
20.6 R 20.6 R
Feb 01 Balance b/d 1 704 Feb 28 Business bank BCRJ 76 248
28 Fees earned FJ 79 704 Balance c/d 9 768
28 Business bank BCPJ 4 608
86 016 86 016
20.6
Mar 1 Balance b/d 9 768
Dr P & C Stationers B9 Cr
R 20.6 R
Feb 11 Stationery GJ 846
Asset – Trade debtor
Dr N Nolan B10 Cr
20.6 R R
Feb 28 Equipment GJ 324
Income
Dr Fees earned N1 Cr
R 20.6 R
Feb 28 Clients control FJ 79 704
Expense
Dr Stationery N2 Cr
20.6 R R
Feb 11 P & C Stationers GJ 846
Expense
Page 25 of 41
Dr Telephone N3 Cr
20.6 R R
Feb 28 Business bank BCPJ 636
Expense
Dr Water and electricity N4 Cr
20.6 R R
Feb 28 Business bank BCPJ 2 040
Expense
Dr Wages N5 Cr
20.6 R R
Feb 28 Business bank BCPJ 6 388
Expense
Dr Office rent paid N6 Cr
20.6 R 20.6 R
Feb 1 Business bank BCPJ 1 440 Feb 28 Business bank BCRJ 720
28 Balance c/d 720
1 440 1 440
20.6
Mar 1 Balance b/d 720
NB – If the attorney’s firm receives instructions from a client on different matters, each
PAUSE
matter should be separately accounted for. (Refer to Mr T Tank below.)
– As Mecer Attorneys only used the sheriff once on 22 February 20.6 the legal firm
did not make use of a sheriffs journal. On receipt of the invoice and account
statement from the sheriff, Mecer Attorneys immediately paid the account from
the business bank account. (Also refer to learning unit 4)
Dr F Franco CL1 Cr
20.6 R 20.6 R
Feb 1 Balance b/d 648 Feb 2 Business bank BCRJ 648
5 Fees earned FJ 2 376 28 Balance c/d 3 024
27 Business bank BCPJ 648
3 672 3 672
20.6
Mar 1 Balance b/d 3 024
Page 26 of 41
Dr M Mostert CL3 Cr
20.6 R R
Feb 1 Balance b/d 264
Dr K Kline TCL1 Cr
20.6 R 20.6 R
Feb 17 Trust bank (Municipal Feb 1 Balance b/d 2 520
taxes) TCPJ 1 440
18 Trust bank (K Kline) TCPJ 1 080
2 520 2 520
Dr M Mtuli TCL2 Cr
20.6 R 20.6 R
Feb 22 Trust bank (Sheriff) TCPJ 48 Feb 8 Trust bank (Divorce) TCRJ 1 620
28 Balance c/d 1 572
1 620 1 620
20.6
Mar 1 Balance b/d 1 572
Page 27 of 41
Dr W Winston TCL3 Cr
20.6 R 20.6 R
Feb 22 Trust bank (Company Feb 10 Trust bank (Company
registration) TCPJ 360 registration) TCRJ 3 432
28 Balance c/d 3 072
3 432 3 432
Balance b/d 3 072
Notes
Page 28 of 41
8. Trust Bank Accounts – Section 84 and 86 of the Legal Practice Act, 28 of 2014
The trust banking of legal practitioners is regulated by Section 86 of the Legal Practice Act, 28
of 2014.
Trust accounts
• Section 84(1) Every attorney or any advocate referred to in section 34(2)(b), who practises
or is deemed to practise –
(a) for his or her own account either alone or in partnership; or
(b) as a director of a practice which is a juristic entity, must be in possession of a Legal
Practitioners Fidelity Fund certificate.
• Section 84(2) No legal practitioner referred to in subsection (1) or person employed or
supervised by that legal practitioner may receive or hold funds or property belonging to
any person unless the legal practitioner concerned is in possession of a Legal Practitioners
Fidelity Fund (hereafter referred to as the LPF Fund) certificate.
• Section 84(3) The provisions of subsections (1) and (2) apply to a deposit taken on
account of fees or disbursements in respect of legal services to be rendered. (i.e. Trust
money)
• Section 86(1) Every legal practitioner referred to in section 84(1) must operate a
trust account. [A trust account is a separate bank account]
Page 29 of 41
• Section 86(2) Every trust account practice must keep a trust account at a bank with which
the LPF Fund has made an arrangement as provided for in section 63(1)(g) and must
deposit therein, as soon as possible after receipt thereof, money held by such practice on
behalf of any person. This is interest earned on the practice trust account
(a) Interest accrued must, in the case of money deposited in terms of this subsection, be
paid over to the LPF Fund and vests in the LPF Fund,
(b) 100% of trust interest earned, will be paid monthly to the LPF Fund as provided for by
NB!
Rule [Link] made under the authority of Section 95(1) of the Legal Practice Act,
28 of 2014.
• The legal practitioner can claim approved recoverable bank charges and audit fees on the
trust accounts back from the LBF Fund, subject to certain formulas and requirements.
It is this point that differentiates the type
of investments
Trust savings and other interest-bearing accounts
• Section 86(3) A trust account practice may, of its own accord, invest in a separate trust
savings account or another interest-bearing account any money which is not immediately
required for any particular purpose.
(a) These investments should be made through banks with which the LPF Fund has entered
into an arrangement.
(b) These investments remain part of the entrusted monies and are recorded as such in the
trust accounting records of the legal practice. These investments enjoy protection from
the LPF Fund.
(c) Interest accrued must, in the case of money deposited in terms of this subsection, be
paid over to the LPF Fund and vests in the LPF Fund NB!
(d) 100% of trust interest earned will be paid on an annual basis to the LPF Fund as
provided for by Rule [Link] made under the authority of Section 95(1) of the Legal
Practice Act, 28 of 2014. It is this point that differentiates
the type of investments
Section 86(4) A trust account practice may, on the instructions of any person, open a
separate trust savings account or another interest-bearing account for the purpose of
investing therein any money deposited in the trust account of that practice, on behalf of
such person over which the practice exercises exclusive control as trustee, agent
or stakeholder or in any other fiduciary capacity.
(a) Interest accrued on money deposited in terms of this section must be paid as follows:
– 5% of the interest accrued on money in terms of this paragraph must be paid over to
the LPF Fund and vests in the LPF Fund.
– 95% of the interest accrued on the above money must be paid over to the person
who gave instructions for the investment to be made.
(b) With effect from 1 March 2019, 5% of the trust interest earned will be paid monthly to
the LPF Fund in terms of section 86(5) and as provided for by Rule [Link] made
under the authority of Section 95(1) of the Legal Practice Act, 28 of 2014.
Page 30 of 41
• Trust money may not be deposited directly into the Trust investment account. All trust
monies must flow through the trust bank account to the trust investment account and, on
withdrawal of the money invested, from the trust investment account back to the trust bank
account. The trust creditors can then be paid from the trust bank account.
• Interest earned on Section 86(3) trust investments must be paid over to the LPF Fund. It
is, therefore, not the property of the legal practitioner nor the trust creditors.
A legal practitioner of their own accord Every trust account practice The client, instructs legal
decides to invest the money, currently must keep a trust account at practitioner to invest the money in
not required for a specific purpose in a bank with which the LPF LPF Fund approved bank until it is
LPF Fund approved bank until it is Fund has entered into an needed for fees and costs.
needed for fees and costs. arrangement.
Interest earned on the investment to be paid over Interest earned on the investment to be paid over
annually to the LPF Fund (100%) monthly to the client (95%) and LPF Fund (5%)
The previous Section 78(2)(b) of the Attorneys Act required that any trust savings or interest-
bearing account referred to in section 78(2)(a) contain a reference to this subsection.
Section 86 of the Legal Practice Act, 28 of 2014 (LPA) does not include such a requirement,
but it is still a requirement in terms of the Rules.
Page 31 of 41
EXAMPLE 8.1
The accounting treatment of section 86(2) and section 86(3) trust investments
The following information was obtained from the accounting records of Wintrish Attorneys for
June 20.8:
20.8
June
1 The balance of the trust bank account of Wintrish Attorneys with Dow Bank amounted to
R250 000. Mr Wintrish decided to invest R80 000, not immediately required, in a special
interest-bearing savings account with Win Bank.
30 Wintrish Attorneys withdrew R80 800 from the savings account with Win Bank and
deposited it in the trust bank account.
30 Interest of R700 was earned during the month on the Trust bank account held in Dow Bank.
REQUIRED:
Prepare the following in the accounting records of Wintrish Attorneys for June 20.8:
1. Subsidiary journals, properly totalled:
1.1. Trust cash receipts journal
1.2. Trust cash payments journal
1.3. General journal
2. Ledgers, properly balanced:
2.1. General ledger
2.2. Trust creditors ledger
WINTRISH ATTORNEYS
1. SUBSIDIARY JOURNALS
1.1 Trust cash receipts journal for June 20.8 TCRJ6
Trust
creditors Trust
control bank
Date Details Fol. R R
30/06 Interest received on trust bank account TCL2 700 700
30/06 Trust investment – Win Bank [trust creditor] TCL1 80 800 80 800
81 500 81 500
Cr B2 Dr B1
Page 32 of 41
2. LEDGERS
Dr Trust bank B1 Cr
20.8 R 20.8 R
01/06 Balance b/d 250 000 01/06 Trust payments TCPJ6 80 000
30/06 Trust receipts TCRJ6 81 500 30/06 Balance c/d 251 500
331 500 331 500
Jun 30 Balance b/d 251 500
The balance of the Trust bank account must equal the
Trust creditors control account at month end
Dr Trust creditors control B2 Cr
20.8 R 20.8 R
30/06 Trust bank TCPJ6 80 000 01/06 Balance [Per question] b/d 250 000
30/06 Journal debits GJ6 800 30/06 Trust bank TCRJ6 81 500
30/06 Balance c/d 251 500 30/06 Journal credits GJ6 800
332 300 332 300
30/06 Balance b/d # 251 500
Page 33 of 41
NB
PAUSE The interest earned on the section 86(2) trust bank account and section 86(3) trust
investment accrues to the LPF Fund but has not been paid to the LPF Fund. Therefore,
the R1 500 is still owed to the LPF Fund on 30 June.
Notes
Page 34 of 41
The following transactions took place in the attorney’s practice of Candice Attorneys during
May 20.2:
20.2
May
1 G Adams is divorcing his wife and deposited a bank guaranteed cheque of R15 000
with Candice Attorneys to cover fees and charges, including advocate fees.
2 G Adams gave a written instruction that R7 000 be invested in an interest-bearing
account at SA Bank. Candice Attorneys executed the instruction. [Section 86(4) investment]
5 Candice Attorneys instructed advocate K Lombaard to handle G Adams’ divorce and
paid his account to the amount of R6 000. [Payments made on behalf of a client are made from
the business bank account]
6 Candice Attorneys decided to invest R10 000 of the trust monies in the trust bank
account not needed for immediate use, in a special savings account at First Bank.
[Section 86(3) investment, there was no instruction from the client to invest, practice may do so of its own
accord]
14 Candice Attorneys received a combined cheque from A Bacher, a client, to the amount
of R700 for:
• Settlement of his account for services rendered in a collection matter (fees have been
charged during the previous month) – R250.
• A deposit for fees still to be levied for the preparation of a purchase contract – R450.
24 The divorce case of G Adams was settled, and Candice Attorneys levied a fee of
R4 000. Candice Attorneys withdrew the investment made on 2 May 20.2 and received
R7 100. The attorney’s practice paid the amount due to G Adams after all transfers were
made.
[If the practice levies a fee for services rendered the transaction is recorded in the Fees Journal]
Page 35 of 41
28 Candice Attorneys withdrew R5 000 (excluding interest) of the trust investment made
on 6 May 20.2. Interest on the investment amounted to R80.
30 Candice Attorneys received written instruction from M Munnik to invest R12 000 of his
funds held in trust, in an interest-bearing savings account at SA Bank. Candice,
Attorneys, obliged. [Section 86(4) investment – client instructed investment]
REQUIRED:
Prepare the following in the accounting records of Candice Attorneys for May 20.2:
1. Subsidiary journals, property totalled:
1.1 Business cash receipts journal
1.2 Trust cash receipts journal
1.3 Trust cash payments journal
1.4 General journal
1.5 Fees journal
1.6 Transfer journal
2. Ledgers, properly balanced:
2.1 General ledger
2.2 Trust creditors ledger
2.3 Clients ledger
Notes
Page 36 of 41
CANDICE ATTORNEYS
1. Subsidiary journals
The amount is the original investment of R5 000 plus the interest earned
27 880 27 880
on investment of R80 B4 B1
Notes
Page 37 of 41
NB
PAUSE
Both of the journal entries above are for trust creditors. The interest earned on the trust
investment in SA Bank (Section 86(4) investment) of R100 is allocated between the client
G Adams (R95) and the LPF Fund (R5). The interest earned on the trust investment in
First Bank (Section 86(3) investment) of R100 is only allocated to the LPF Fund.
Page 38 of 41
2. Ledgers
2.1 General ledger
Dr Trust bank account B1 Cr
20.2 R 20.2 R
01/05 Balance b/d 37 000 31/05 Trust payments TCPJ5 44 850
31/05 Trust receipts TCRJ5 27 880 31/05 Balance c/d 20 030
64 880 64 880
01/06 Balance b/d 20 030
Dr Fees N1 Cr
R 20.2 R
31/05 Client control FJ5 4 000
Dr Z Zontach TCL2 Cr
R 20.2 R
01/05 Balance b/d 11 700
Dr G Adams TCL3 Cr
20.2 R 20.2 R
05/05 Trust bank – advocate TCPJ5 6 000 01/05 Balance b/d 250
24/05 G Adams (client) TJ5 4 000 31/05 Trust bank TCRJ5 15 000
31/05 Trust bank TCPJ5 5 600 31/05 G Adams Investment
– SA Bank GJ5 95
15 600 15 600
Page 40 of 41
Dr A Bacher TCL4 Cr
20.2 R 20.2 R
14/05 A Bacher (client) TJ5 250 14/05 Trust bank TCRJ5 700
31/05 Balance c/d 450
700 700
01/06 Balance b/d 450
NB The interest earned on the section 86(4) trust investment accrues to the LPF Fund but 5 not
PAUSE
yet been paid over to the fund per the question. Therefore, the R100 is still owed to the LPF
Fund on 31 May. Interest earned on a section 86(4) trust investment must be paid over
monthly to the LPF Fund.
Page 41 of 41
Dr A Bacher CL1 Cr
20.2 R 20.2 R
May 1 Balance b/d 250 May 14 A Bacher (trust creditor) TJ5 250
250 250
Dr J Rhodes CL2 Cr
20.2 R R
May 1 Balance b/d 1 100
Dr G Adams CL3 Cr
20.2 R 20.2 R
May 24 Fees FJ5 4 000 May 24 G Adams (trust creditor) TJ5 4 000
4 000 4 000