Bulletin 1976 V7-4

QUESTIONS AND ANSWERS ON TRUST ACCOUNTS

(Continued from Summer Quarter Issue)

Q. As a broker, I realize that I must not disburse trust funds which are being claimed by different parties to the transaction. My question is simply, how can I determine if such a dispute exists?

A. If you are in doubt as to whether a dispute exists regarding the dis position of trust funds, the Board suggests that you notify all parties who have an interest in such funds advising them that you intend to disburse the funds on a given date unless an objection is filed with you prior to that date. The notice should be sent registered mail return receipt requested and should contain the date on which the funds will be disbursed (allow sufficient time for parties to respond), and the name(s) of the person(s) to whom the money will be disbursed. Should one of the parties object to your intended disbursement, you should inform the other party of the objection and declare to all parties that you will retain the funds in your trust account until disbursement is ordered by a court of competent jurisdiction or until the matter is satisfactorily settled bv the narties