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 1

(s. 8)

DECLARATION RELATIVE TO THE OPENING OF A GENERAL TRUST ACCOUNT

TO:

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(Name and address of financial institution)

I, the undersigned, ______________________________, a bailiff and a member of the Chambre des huissiers de justice du Québec, holder of permit number ______________________________ and having my professional domicile at the following address:

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declare the following:

(1) the general trust account No. __________ has been opened at your institution in the name of: __________________________________________________________________________________ “in trust”;

(2) the account referred to above is constituted of funds or negotiable instruments that were collected on behalf of another party, received as an advance, or as a guarantee when acting as seizing officer;

(3) the account is governed by the Court Bailiffs Act (chapter H-4.1), the Professional Code (chapter C-26) and by 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) (hereinafter called the “Regulation”);

(4) according to your registers, the person(s) authorized to sign documents with respect to current transactions in the account are those listed below:

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Name Signature

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Name Signature

(5) in accordance with paragraphs 1 and 2 of section 8 of the Regulation, I grant an irrevocable authorization to the syndic, the executive committee or the professional inspection committee to request and obtain at any time from your institution all the information and explanations considered necessary or useful for trust accounting audit purposes or, if required, to block the sums of money on deposit;

(6) in accordance with paragraph 3 of section 8 of the Regulation, if I practise the profession of bailiff alone, I grant an irrevocable authorization to the syndic, the executive committee or the professional inspection committee of the Chambre des huissiers de justice du Québec to dispose of the sums of money on deposit, in the event of my death, bankruptcy or incapacity, temporary or permanent striking off the roll, or the limitation or suspension of my right to practise in accordance with the Professional Code.

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(Place) (Date)

______________________________________________

Bailiff

Sworn before me

at _________________________________________________________________________________________

on ________________________________________________________________________________________

____________________________________________

Commissioner for oaths for

Note: A copy of this form shall be forwarded to the secretary of the Chambre des huissiers de justice du Québec upon opening the trust account.

O.C. 153-99, Sch. 1.