Wednesday, May 7, 2008

Are broker's funds commingled with trust funds?

Correct Procedure:

Funds belonging to a broker should not be commingled with trust funds. Common examples of commingling are:

* personal or company funds deposited into the trust fund bank account;
* trust funds deposited into the general or personal bank account; and
* funds collected on real property wholly owned by the broker handled through the trust account.

A broker, however, is allowed to maintain up to $200 of personal funds in a trust account to cover checking account service fees and other bank charges.

Commissions, fees, other income earned by a broker, and funds belonging in part to the broker's principal and in part to the broker when it is not reasonably practicable to separate such funds, must be withdrawn from the trust account within 25 days from the date of deposit.

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