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The funds contained in this account are not owned by the principal client (the Legal Practitioner) as they are only controlled by virtue of a fiduciary relationship for the third party/client of the Legal Practitioner. It is used by Legal Practitioners to hold funds on customers' behalf. In line with this requirement, no cards or overdrafts are available for these accounts to protect the integrity of audit trails and the funds held in trust.
To prevent the trust account from overdrawing, a linked business account must be opened in conjunction, as it allows customers to redirect the fees and VAT charges of the trust account, to the Legal Practitioners' main FNB Business Account (transactional account).
The Legal Practitioners S86(2) Trust Account should only reflect the trust monies and all fees and interest need to be settled against the transactional Business account and not from the funds held in trust.