Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 13, 2012 |
referred to banks |
Senate Bill S6216
2011-2012 Legislative Session
Sponsored By
(D, WF) 21st Senate District
Archive: Last Bill Status - In Senate Committee Banks Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2011-S6216 (ACTIVE) - Details
2011-S6216 (ACTIVE) - Sponsor Memo
BILL NUMBER:S6216 TITLE OF BILL: An act to amend the banking law, in relation to attorney trust accounts PURPOSE/SUMMARY OF PROVISIONS: This bill would add new section 9-v to the Banking Law to provide that no bank or trust company regulated by the State of New York shall charge a service fee or require a minimum balance on an attorney trust account, provided that such account is required by law and that no more than fifteen debit or credit transactions per month are made in connection with such account and further provided that such account is non-interest bearing. This bill would also define 'attorney trust account' as a special bank or checking account required by a rule of court for deposit of funds belonging to legal clients or other persons in the practice of law. JUSTIFICATION: An attorney in possession of any asset or sum of money belonging to a client is a fiduciary and must not commingle client funds with his or her own funds or personal or business accounts. Furthermore, an attorney must maintain in a bank or trust company within the State of New York in his or her own name, or in the name of the firm of attorneys of which he or she is a member, a special account independent from his or her personal accounts. In many areas of the
2011-S6216 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6216 I N S E N A T E January 13, 2012 ___________ Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Banks AN ACT to amend the banking law, in relation to attorney trust accounts THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The banking law is amended by adding a new section 9-v to read as follows: S 9-V. ATTORNEY TRUST ACCOUNTS. NOTWITHSTANDING ANY OTHER PROVISION OF LAW OR RULE OR REGULATION TO THE CONTRARY, NO BANK OR TRUST COMPANY REGULATED BY THE STATE OF NEW YORK SHALL CHARGE A SERVICE FEE OR REQUIRE A MINIMUM BALANCE ON AN ATTORNEY TRUST ACCOUNT, PROVIDED THAT NO MORE THAN FIFTEEN DEBIT OR CREDIT TRANSACTIONS PER MONTH ARE MADE IN CONNECTION WITH SUCH ACCOUNT AND PROVIDED, FURTHER, THAT SUCH ATTORNEY TRUST ACCOUNT IS NON-INTEREST BEARING OR IS AN IOLA (INTEREST ON LAWYER ACCOUNTS) ACCOUNT. FOR THE PURPOSES OF THIS SECTION, AN ATTORNEY TRUST ACCOUNT SHALL MEAN A SPECIAL BANKING OR CHECKING ACCOUNT REQUIRED BY LAW OR A RULE OF COURT FOR THE DEPOSIT OF FUNDS BELONGING TO LAW CLIENTS OR OTHER PERSONS IN THE PRACTICE OF LAW. S 2. This act shall take effect on the thirtieth day after it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07293-01-1
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