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

Section 6 Disposition versions

2012-09-01

6. A bailiff shall deposit as soon as possible in a general trust account opened in his name in a financial institution authorized to receive deposits all sums of money or negotiable instruments collected on behalf of another party, received as an advance, or as a guarantee when acting as a seizing officer.

The first paragraph does not apply to:

(1)  a bailiff employed by or appointed exclusively as the bailiff of a municipal court, where he is not called upon to levy or collect sums of money for the municipality and he is not requested by the municipality to hold them in trust or, as the case may be, to charge fees or transportation expenses in the practice of his profession;

(2)  a bailiff who surrenders the sums levied or collected to the bailiff partnership for which he carries out his duties.

The proceeds of a sale under court order are deemed to be collected on behalf of another party.

O.C. 153-99, s. 6.