H-4.1, r. 6 - Regulation respecting trust accounting by bailiffs and the indemnity fund of the Chambre des huissiers de justice du Québec

Schedule Disposition versions

2012-09-01

SCHEDULE 4

(ss. 19 and 20)

ANNUAL DECLARATION RESPECTING BOOKS, REGISTERS AND ACCOUNTS

YEAR __________

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Note: All members entered on the roll of the Chambre des huissiers de justice du Québec must fill in this annual declaration. Additional sheets may be attached, if necessary.

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I, ______________________________, a bailiff entered on the roll of the Chambre des huissiers de justice du Québec since ______________________________, declare the following:

1.1 the Regulation respecting trust accounting by bailiffs and the indemnity fund of the Chambre des huissiers de justice du Québec (chapter H-4.1, r. 6) does not require that I keep or administer a trust account because

□ I turn over the sums of money collected or levied to the partnership of bailiffs with whom I practise;

□ I am in the exclusive employ of the municipal court of ______________________________ and the municipality does not require that I hold sums of money in trust or charge fees or transportation expenses in the practice of my profession;

□ the Regulation respecting trust accounting by bailiffs and the indemnity fund of the Chambre des huissiers de justice du Québec allows for bailiffs who have a common trust account to file a single declaration, provided that it lists the names of all the bailiffs; the declaration prescribed by section 19 shall be completed by the following bailiff:

_______________________________________________________________________________________; or

Name of bailiff

□ other reasons: ____________________________________________________________________________.

1.2 Since my last declaration, I have not been responsible for sums of money or securities in trust.

1.3 Should the practice of my profession change, I undertake to open a trust account in accordance with the Regulation, if need be, and to notify the secretary of the Chamber immediately.

→ If you have checked one of the boxes above, go directly to 3.1, 3.2 and the signature section.

2.1 I practise

□ alone under my own name;

□ under the name of ______________________________, in a general partnership with the following bailiffs:

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□ for several partnerships, that is,

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2.2 I (we) keep separate accounts for sums of money or negotiable instruments collected on behalf of another party, received as an advance, or as a guarantee while acting as a seizing officer.

2.3 These books, registers and accounts are □ are not □ audited by a chartered professional accountant auditor.

2.4 From 1 January, __________ to 31 December, __________, my (our) general trust account was held at this financial institution:

Name: _____________________________________________________________________________________

Address: ___________________________________________________________________________________

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Telephone: ( ) __________________________________

2.5 The account was held under the NAME of: ___________________________________________________.

2.6 The account NUMBER was: ______________________________________________________________.

2.7 As of 31 December ____________________, the balance of the account was: $____________________.

LIST OF SPECIAL TRUST ACCOUNTS OPENED AND CLOSED DURING THE YEAR

(s. 20, par. 2)

Account No.           Financial institution                     Date   
                                                     opening              closing     
 
__________            _____________________          _______              ________

__________            _____________________          _______              ________        

2.8 Ding the same period, I (we) held in trust the following securities: (Describe the securities: e.g. term deposits, bonds)

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2.9 During the same period, I (we) held other property in trust: (Describe the property: e.g. jewellery)

2.10 Since my last declaration, I have at all times complied with the Act and the Regulation respecting trust accounting by bailiffs and the indemnity fund of the Chambre des huissiers de justice du Québec.

2.11 I authorize the syndic of the Chambre des huissiers de justice du Québec, the professional inspection committee or any person it designates to examine this (these) account(s) and to obtain any information required from the financial institution.

2.12 Should I change my practice, address or financial institutions, or open a new trust account, I undertake to notify the secretary of the Chamber immediately.

3.1 Office address and telephone number:

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3.2 Home address and telephone number:

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Signature of bailiff(*)

* If applicable, list the names of the bailiffs who have a common general trust account.

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Sworn before me at ______________________________ on ______________________________

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Commissioner for oaths for

O.C. 153-99, Sch. 4; S.Q. 2012, c. 11, s. 33.