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SOLICITORS (NORTHERN IRELAND) ORDER 1976 - SECT 41

41.Para.(1) rep. by 1980 NI 4 art.44(2)(b) sch.3

(2) The Society as attorney for any solicitor under this Part may present a
petition for adjudication in bankruptcy against that solicitor, who may be
adjudicated bankrupt on such a petition notwithstanding that the Society do
not allege or prove that any debt is owing by him to the Society.

(3) Where

(a)a solicitor is adjudicated a bankrupt or enters or being an arranging
debtor vests his estate in the official assignee for realisation and
distribution amongst his creditors or enters into a deed of arrangement for
the benefit of his creditors or dies insolvent, and

(b)the sum at the credit of the client account kept by the solicitor at a bank
in accordance with regulations made under Article 33, or, where two or more
such accounts are kept by the solicitor, the total of the sums at the credit
of those accounts, is less than the total of the sums received by the
solicitor in the course of his practice on behalf of his clients and remaining
due by him to them,

(4) For the purposes of this Article no account shall be taken

(a)of any account at a bank kept by the solicitor in his own name for a
specified client,

(b)of sums received by the solicitor in the course of his practice on behalf
of that client and remaining due by him to the client so far as represented by
the sum in the bank account in the name of the solicitor for the client,

(c)of any account at a bank kept by the solicitor in his own name for money of
any trust of which the sole trustee is the solicitor or the trustees are the
solicitor with a partner, clerk or servant of his or with more than one of
such persons, or

(d)of sums received by the solicitor in the course of his practice on behalf
of that trust and remaining due by him to the trust so far as represented by
the sum in the bank account in the name of the solicitor for the trust.

(5) Where the [Official Assignee for bankruptcy] is appointed a trustee by the
High Court under section 40 of the Trustee Act (Northern Ireland) 1958 in
respect of any account or accounts kept by a solicitor at a bank in accordance
with regulations made under Article 33, there shall be payable such [fees as
may be fixed by the Department of Commerce subject to appeal to the Chancery
judge].

(6) For the purposes of this Article any reference to an account at a bank
shall include a reference to a deposit receipt at a bank.

© 1976 Crown Copyright

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