Professional Documents
Culture Documents
accounts (Release 1)
It includes reviewing agency accounts for compliance with trust account requirements,
establishing and managing trust accounts, maintaining records of trust transactions, and
monitoring and reviewing trust accounts.
The unit may form part of the licensing requirements for persons engaged in real estate
activities in those States and Territories where these are regulated activities
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CPPREP4005 - Prepare to work with real estate trust accounts (Release 1)
Contents
Introduction ..........................................................................................................................5
Key Terms ........................................................................................................................6
Acronyms .........................................................................................................................7
What is Trust Money? ......................................................................................................8
What is Trust Accounting?................................................................................................9
Section One: ......................................................................................................................10
Trust Accounting Legislative Requirements ...................................................................10
The Legislation ...............................................................................................................10
Common Law..............................................................................................................11
PSAA Act 2002 and Regulations 2014 .......................................................................11
Opening / Establishing a Trust Account .........................................................................12
Responsibilities of the Licensee ..................................................................................12
Responsibilities of the Financial Institution .................................................................13
Advertising Contributions................................................................................................14
Operating and Maintaining Trust Accounts.....................................................................14
Records that must be kept by the Licensee – PSAA 2002 (ss 103-104) ....................14
Information that must appear on Trust records ...........................................................15
The requirements for Computer Systems ...................................................................15
Interest earned on trust accounts ...................................................................................18
Trust Cashbook 80 .....................................................................................................20
Trust Cashbook 80 .....................................................................................................21
Trust Account Operating Costs ......................................................................................22
Dishonoured Cheques .......................................................................................................23
Trust Cashbook 86 .....................................................................................................24
Unclaimed Trust Money..................................................................................................26
Information about Trust Accounts or Transactions .........................................................26
Trust Records ....................................................................................................................27
Receipt Book ..................................................................................................................27
Cheque book ..................................................................................................................28
Delegation Authority ...................................................................................................28
Deposit book ..................................................................................................................28
Cashbook .......................................................................................................................28
Receipt Side ...............................................................................................................29
Payment side ..............................................................................................................29
Journals ..........................................................................................................................29
Ledgers ..........................................................................................................................29
Bank Ledger ...............................................................................................................30
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Rental Bond Suspense Ledger ...................................................................................30
Client Ledgers.............................................................................................................30
Trial Balance ..................................................................................................................31
Bank Statements ............................................................................................................31
Bank Reconciliation ........................................................................................................32
Audit Report ...................................................................................................................32
Auditing Requirements .......................................................................................................33
Trust Internal Audit Controls ...........................................................................................35
Section Two Operating, Monitoring, and Verifying Trust Account Records to meet
Legislative Requirements...................................................................................................36
Introduction.....................................................................................................................37
Key Accounting Principles ..............................................................................................37
Books of Account ...........................................................................................................37
The Accounting Cycle .................................................................................................39
The Accounting Cycle for a Trust Account ..................................................................40
The Trust Trial Balance...............................................................................................42
Month End Procedures ...............................................................................................42
Paragon Real Estate ...................................................................................................43
October .......................................................................................................................44
TRUST CASH BOOK / ...................................................................................................46
TRUST TRIAL BALANCE ...........................................................................................52
Trust Bank Reconciliation ...........................................................................................52
NSW Legislation .........................................................................................................57
Reporting to Clients ...........................................................................................................57
Reports ...........................................................................................................................57
Statements .....................................................................................................................57
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CPPREP4005 - Prepare to work with real estate trust accounts (Release 1)
Introduction
Trust Accounts are specific forms of bank accounts that must be used by professionals
whose services require them to hold money in ‘trust’ for their clients. Accountants, Real
Estate Agents, and Solicitors are examples of professionals that may be required to
operate a Trust Account in order to facilitate transactions on half of their clients.
Clients, whose money is held by these types of businesses, have their interests protected
against fraud and mismanagement by regulatory bodies. Therefore, there are very strict
rules and regulations relating to who can open and operate a trust account and how it is
managed, controlled, monitored, and reviewed to ensure accountability and the protection
of client money.
For Real Estate Agents in NSW, the Property and Stock and Agents Act (PSAA) Act 2002
and Regulations 2014 stipulate the ‘who, what, how and when’ of trust account
management, as well as the penalties for offences which include fines and can be as severe
as loss of license or even jail.
The Office of Fair Trading (OFT) is the regulatory body that ensures the legislation is
adhered to. An agent cannot open a Trust Account without being licensed, and, in order to
gain a licence, the agent needs to demonstrate that they not only understand the legislation,
but that they are able to apply it to their day to day operations.
Licensees are responsible for supervising their staff, and ensuring that they utilise the
office systems and procedures developed to reflect the legislative requirements. In other
words, the licensee in charge is held totally accountable for any breaches of the legislation
that occurs in their office.
This unit will provide you with explanations of the legislative requirements and the
mechanics involved in operating a trust account to meet the legislative requirements.
Additionally, it will enable you to demonstrate your knowledge of the legislation by applying
the information provided to create the systems and procedures for ensuring requirements
are met in a timely fashion. You will also be required to demonstrate your ability to implement
methods for record keeping and effecting accurate reports as well as the monitoring,
reviewing and the security measures and procedures to protect, update, and verify trust
accounts on an on-going basis.
In this unit we will first be examining the rules, regulations, and legislative requirements
surrounding trust accounts to establish systems and procedures that ensure compliance
with the legislation. Then, we will be applying our knowledge of the legislation to the
mechanics involved in operating and maintaining trust accounts, including cashbook
entries, trial balance, and bank reconciliations.
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Key Terms
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Outstanding Deposit entered into the cashbook that has not yet appeared
Deposit in the Bank Statement.
Un-presented A cheque the office has written that has not yet been presented
Cheque (cashed) at the bank.
Acronyms
CB Cashbook
IBA Interest Bearing Account
IBD Interest Bearing Deposit
LF Ledger Folio (Number)
OFT Office of Fair Trading
PSAA Property and Stock Agents Act
TC Trust Cashbook
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These transactions all involve the transfer of money from one party to another and the
agent, being the negotiator and facilitator of their client’s property transaction, may well
also be involved in the transfer of that money or may be required to hold that money whilst
the transaction completes.
That money does not belong to the agent, it belongs to one of the parties involved in the
transaction, and the agent has been ‘entrusted’ to hold those funds for a period of time
until the transaction is completed. The timescale may range from a day or two up to
several months, depending on the transaction.
What is significant is that the agent has no rights to that money, which is referred to as
“Trust Money”
Trust money cannot be held in the agent’s general operating bank account, but must be
kept separate. Every agency that is likely to receive or hold client funds is required to
operate at least one Trust Account, set up specifically for the purpose of holding client
funds.
All trust money must be held in a trust account in the real estate agent’s name. The real
estate agent is required to open and maintain a trust account in the name of the estate
agent (if a sole trader) or the corporation which holds the real estate licence. The funds
are to be held at a financial institution approved by the OFT to hold deposits of trust
money. A list of approved institutions is provided on the OFT website.
Deposits on sales received from buyers, security bonds and rents received from tenants and
marketing funds received from sellers (whether paid in cash, by cheque or credit / debit card)
are all examples of trust money.
Other money received and paid out in the course of running the business, (such as office
overheads) is not trust money and therefore does not fall within trust accounting
requirements.
In reality, though, if money is received from a client, or potential client of an agency, by any
employee of the agency, it should be considered as trust money. If there is any doubt as to
whether the funds are trust money or not, it is recommended that you should err on the side
of caution and treat it as trust money.
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Many larger agencies will create 2 distinct accounts, one for sales transactions; the other
for property management. This is often done to ensure ease of auditing and compliance.
Some agents, whilst apparently trading under one banner, may have several trading and
business names – in such circumstances each separate legal entity is required to operate
their own trust account.
On the other hand, the agency’s general or operating account is for the use of the agency,
to receipt agency income and manage expenditure. It should never contain client money.
The money that flows through the agency’s general operating accounts forms the basis of
the agency’s financial reporting systems and documents (GST, Balance Sheet, Profit and
Loss etc) and reporting to the Australian Taxation Office (ATO).
The Trust Account records the flow of client’s money held by the business and the reporting
is to the clients concerned and the Office of Fair Trading who have established rules and
regulations to ensure the security of client funds.
Very often, some of the funds in the trust account will become agency income at some point
in time, and therefore are transferred from the trust account to the general account.
Example
An agency sells a property for $500,000. A deposit of $50,000 is paid by the buyer and held in the
agency trust account. This money is held in trust for both the seller and buyer of the property
pending settlement.
As part of the conditions of agency with the seller, the agency can claim their commission of $12,500
upon settlement.
Settlement takes place and once the agency has received instructions the deposit can be disbursed.
In this case, $37,500 would be forwarded to the seller, and the agency can claim their fee of
$12,500, which would be transferred to the general account.
Legislation specifies how and when the money can be transferred, what authorisations
are required by the owners of the money, and the internal procedures, authorisations and
controls that must be enforced in the office.
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Section One:
Trust Accounting Legislative Requirements
In order to effectively operate a Real Estate Office that is involved in handling other people’s
money, a licensee needs to:-
1. Understand the legislative requirements underpinning trust accounts
2. Apply the requirements to their day to day operations
3. Demonstrate compliance with the legislation through developing and applying
office policies and procedures to effectively fulfil requirements that are monitored
and verified on on-going basis.
The Legislation
In NSW the relevant trust accounting legislation is:
• Property and Stock Agents Act 2002
• Property and Stock Agents Regulation 2014
As part of your preparation for this unit you should print a copy of the Act and Regulations
and familiarise yourself with Part 7 of the Act which specifically deals with the legislative
requirements for trust accounts.
The legislation is the foundation that ensures that a real estate agents trust accounts
fulfil both the needs of general record keeping and the law of Principal and Agent (Principal
in this context meaning your client i.e. landlords and vendors)
The act and regulations need to be read in conjunction with each other as the act contains
the general requirements and the regulations provide the detail.
Both the act and regulations are determined through the Office of Fair Trading.
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CPPDSM4006A – Establish and Manage Agency Trust Accounts
Common Law
Managing a trust account includes Common Law principles and the fiduciary
duties and responsibilities between the agent (or agency) and the principal
(client), whereby an agent is required to:
• Take such care in keeping safe the money of the principal as a reasonably
prudent person would take in caring for their own property or money.
• Keep all the monies and property of their principal separate from their own.
• Keep separate accounts of all dealings on behalf of their principal and to
be ready to account to the principal at any time.
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CPPDSM4006A – Establish and Manage Agency Trust Accounts
Before opening a Trust Account with a Financial Institution, the Licensee must
ensure that the financial institution is authorised by the OFT. A list of authorised
financial institutions can be found on the OFT website.
The licensee must inform the financial institution in writing that the business is
opening a Trust Account. The words “Trust Account’ must be included as part of
the account name and on all related trust books and records.
Some agents, whilst apparently trading under one banner, may have several
trading and business names – in such circumstances each separate legal entity
is required to operate their own trust account.
In all cases, the name of the account MUST include the words “Trust Account”,
as well as the registered business name of the agency. And, all documents
relating to the trust account MUST include the words “Trust Account”.
The agency’s general or operating account is for the use of the agency, to receipt
agency income and manage expenditure. It should never contain client money.
The Trust Account records cash flow of client money held by the business and
the reporting is to the OFT who ensure the security of client funds.
When opening the Trust Account, the Licensee must also advise the financial
institution that the trust account must be established in accordance with the
appropriate legislation for the state or territory in which they operate.
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For instance:
In Canberra many real estate agencies are licensed to transact sales and rentals in
both the ACT and NSW. In order to ensure complete compliance with the legislation
in both states, Canberra agents will typically establish 2 trust accounts, one for ACT
business under ACT legislation, and another for transactions conducted in NSW and
under their legislation.
The same would apply to ‘border’ towns eg. Albury / Wodonga, Tweed Heads /
Coolangatta etc.
Many larger agencies will may also create 2 distinct accounts, one for sales
transactions; the other for property management. This is often done to ensure ease
of auditing and compliance.
The financial institution must operate all Trust Accounts in compliance with
relevant legislation, which will specify operating requirements, and where any
interest on the account is to be paid.
Notify the Commissioner of Fair trading within fourteen days after the
end of each month of any new trust accounts opened or closed during
the month. PSAA 2002 (s 91 (1), (2))
Note:
The licensee is also required to notify the OFT in writing within fourteen days if
they have closed a trust account. PSAA 2002 (s 86 (5))
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CPPDSM4006A – Establish and Manage Agency Trust Accounts
Advertising Contributions
One of the transactions you may encounter is the payment of advertising. There
are two ways of receiving advertising funds:-
1. The client pays the advertising contribution in advance.
2. The agent pays for the advertising and is later reimbursed by the client.
Depending on which method is used will determine whether the funds are treated
as trust money.
If the client pays for the advertising in advance the funds belong to the client (until
they have been expended) and are treated as trust money. Therefore they must
be banked in the trust account.
If the agent pays for the advertising and is later reimbursed, the funds are the
agents, and can be banked directly into the agent’s general account.
All trust records must be kept at the Licensee’s registered office for three years.
The PSAA Act 2002 (Section 104) and Regulations (Clause 22) specify that records
kept at the registered office must be kept in a visible form and if the business
operates at more than one site, the records for the transactions that occurred at
each location may be kept at those places.
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Parts 4 and 5 of the PSA Regulations 2014 detail how records are to be kept.
Journals / Cashbooks:
The licensee must ensure that entries balance before entries are made in the
ledger and that allocated journal reference numbers are in sequence and under
program control.
Ledgers:
The Licensee must ensure that the program is not capable of accepting the entry
of a transaction which would result in a debit balance to a ledger. They must also
ensure that no program allows the deletion of a ledger unless the balance is zero
and the account, when deleted, is retained in visible form.
The ledger is kept in columnar form and is made up of the individual accounts of
clients. Each account must be numbered and entries about each transaction must
include the date and description of the transaction, where the transaction comes
from, the amount of the transaction, and the resulting current balance.
A back up copy of all records must be made on a computer disk or magnetic tape
(or other electronic means) at least once a month and that the most recent back
up copy is kept in a separate location where no incident could adversely affect
the back-up records.
Receipts from this book must have been consecutively numbered by machine and
each receipt consisting of the original and a duplicate. Receipts must be issued
in numerical order.
The specific information that must be shown on the trust receipt includes:
Date of issue
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Receipt number
Name of the licensee and the words ‘Trust Account’
Name of the ledger reference number for whom the money is held
Reason for the transaction
Amount and how it was received (e.g. cash, cheque)
If it is a rent receipt, it must show the date to which the rent has been
calculated and if it is in advance or arrears
The original of the receipt must be issued on demand to the person from whom
the trust money was received. If the original receipt is not issued, the licensee
must retain the original copy as well as all dup0plicate copies.
Cheques must be marked ‘Not Negotiable’, show the name of the licensee,
include the words ‘Trust Account’ and be signed correctly. Details of each cheque
drawn must be entered into the cashbook.
When payments are made by EFT, the following records must be kept:-
Name of person directing the transfer and under whose delegation it is
being made.
Date and reference number of the transfer.
Name of the payee
Amount transferred to or from each ledger account
Details of the ledger accounts debited including the name and ledger
number of the client on whose behalf the transfer was made.
Reason for the transfer.
Trust deposits
PSA Regulations 2014 (Clause 27)
Except for direct deposits, all deposits made into the licensee’s trust account must
be made using the trust deposit book showing the details of the deposit.
Duplicates of the particulars of each deposit must be retained by the licensee.
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All trust money must be banked before the end of the next business day after it
was received. If this was not possible, it must be banked the next possible day.
Trust Cashbook
PSA Regulations 2014 (Clause 28)
Every transaction that occurs in the office must be immediately recorded in
sequential order in the cashbook under cash receipts or cash payments.
The total cashbook transactions showing the amount that is in the trust bank
ledger (the difference between the total receipts and the total payments of
our cashbook will be the balance in the trust bank according to our records)
AND
For Example
LF Debit Credit
Bank 100 $92,900
Jones to Stewart 150 $32,000
Peters (Landlord) 170 $ 2,100
Towns to Pravaz 200 $55,500
Barrett 220 $ 3,300
$92,900 $92,900
A couple of notes:
When a ledger is opened for a landlord, only the landlord’s name is used (e.g.
Peters in the above trail balance example).
When a ledger is for a vendor, the vendor’s name is used initially until a buyer is
found, at which point the name of the buyer is added after the vendor’s (as shown
above in the Jones to Stewart example --- the vendor is Jones and the buyer is
Stewart)
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CPPDSM4006A – Establish and Manage Agency Trust Accounts
If the amount in our bank ledger and the total of amounts in the clients’ ledgers do
not match or balance, then obviously an error has been made because all ledgers
should include every entry made in our cashbook. (This will be further explained and
practised in the next section of this unit)
Within 21 days of the end of each month, the licensee is required to reconcile the
bank account with the transactions that have taken place in that month. This is
known as the bank reconciliation. The bank reconciliation is a cash control
measure designed to eliminate known differences between the bank account and
the cash book. Any unknown differences could be caused by errors or fraud and
therefore need to be investigated.
If there is a difference between our books and the Bank statement received from
the financial institution holding the trust funds that require adjustment, the
following applies:-
(This will be further explained and practised in the next section of this unit).
Agency clients that have funds in the trust account do not earn interest on that
money.
There are two exceptions to this that result in the creation of unregulated trust
accounts whereby interest is payable to the client:-
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CPPDSM4006A – Establish and Manage Agency Trust Accounts
This has implications in terms of the completion of the cashbook and ledger. If
you receive a deposit for a property and the vendor and purchaser instruct you to
place the deposit in an interest bearing account to share the interest accrued on
settlement, the following process occurs:-
1. The deposit is receipted, posted in the receipt side of the cashbook.
2. It is then paid into the interest bearing account. This transaction is posted
on the payment side of the cashbook.
3. The client ledger shows the funds credited, then debited.
4. At a later day on settlement the deposit plus interest is posted into the
receipt side of the trust cashbook ready for disbursement.
5. Disbursement on settlement involves a number of transactions:-
(1) The agency commission is deducted
(2) The interest component is halved; half paid to the purchaser. (3)
The remaining amount is paid to the vendor
The following is an example of the calculations involved and how the information
is to be recorded in the trust cash book and ledger
Example
On 2nd July the agency receives a cheque for $180,000 representing a 10%
deposit from a purchaser, James Stevens for a property owned by David Jones.
The purchaser and vendor instruct you in writing to place the funds in an interest
bearing account (IBA). On 29th July, the deposit and interest is deposited back
into the agency Trust Account from the Bank ready for settlement. The interest
earned is $2,200. Therefore the agency would receipt $182,200 received from the
bank where the interest bearing account is held. The agreed agency commission
is 2% (incl GST).
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CPPDSM4006A – Establish and Manage Agency Trust Accounts
1. Initial Deposit: Once the deposit is receipted (receipt number 268), the
following is entered into the cashbook and client ledger.
An Important Note:
Receipts and cheques are consecutively numbered to meet legislative
requirements. On the examples provided there’s a space left between entries when
the dates vary for the transactions. This space represents other transactions that
have occurred during the month, and therefore other consecutively numbered
deposits and receipts.
On the receipt side of the cash book the following information is entered /
posted:-
Trust Cashbook 80
Receipt Side
Date Type L.F Transaction Amount Payment
Received On Account
Receipt #
From of
2/ 268 Chq Stevens Jones / 270 Deposit 180,000
Stevens
On the payment side (cheque number 733) of the cashbook the following
information is posted:-
Payment Side
Date Cheque # Payee On Account L.F Transaction Bank
of
29/ 733 IBD Jones / 270 Invested 180,000
Stevens Deposit
On the client ledger (ledger number 270) the following information is posted:-
Trust Ledger
Account Name: Jones / Stevens Number 270
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CPPDSM4006A – Establish and Manage Agency Trust Accounts
2. Deposit + Interest from IBA: Once the deposit + interest are receipted
(receipt number 288), the following is entered into the cashbook and
ledger.
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CPPDSM4006A – Establish and Manage Agency Trust Accounts
The agency is entitled to recoup fees and charges from the client. These must be
documented in the original listing contract authorised by the client. The fee
charged will depend on the agency’s policy.
As mentioned earlier, when setting up the trust account the agent informs the
financial institution in writing that the account is for Trust purposes.
The financial institution will then offset all charges against the agency’s general
account, rather than a charge against the trust account.
Should the financial institution deduct charges from a Trust Account by error, the
agent needs to notify the financial institution of the required amendment.
On the Bank Reconciliation for that month the charges would be entered under
“Add Outstanding Deposits” to be checked against the next bank statement that
is received by the agent to ensure that the error has been reversed and credited
back into the account.
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CPPDSM4006A – Establish and Manage Agency Trust Accounts
Dishonoured Cheques
One of the responsibilities of deposit-taking institutions is to report to the Director
General / OFT within five business days the details of any dishonoured cheques
drawn on the trust. In NSW the relevant ruling can be found in PSBA Act (s 93).
The licensee is responsible for ensuring the event is remedied and the likelihood
of reoccurrence is minimised. Therefore, clear procedures should be in place for
dealing with dishonoured cheques.
If the client asks for a re-presentation of the cheque because of a perceived error,
for example, late deposit of funds into the cheque account, the client should be
asked to pay a dishonour fee.
This fee when presented should be recorded on a general account receipt and
paid into the agency’s general account, where all financial institution charges
should appear.
If the cheque is refused again or there is no valid excuse, the client should be
asked to return to the office with the original trust receipt, and bring funds in cash,
money order or financial institution cheque plus a separate dishonour fee.
The agency must then ensure that the original receipt is crossed out with the word
‘cancelled’.
A separate entry is then made into the Payment Side of the Trust Cashbook.
Since the cheque money was never received this process will negate / reverse
the value of the original entry. In this instance, there is no cheque number. The
information that needs to appear on the Payment Side of the Cashbook includes:-
The date the cheque was dishonoured,
The name of the account (i.e. If it is a cheque for rent, the account
name is the landlords name)
The ledger number it relates to
The transaction which is ‘dishonoured cheque
And the dollar amount under ‘bank’.
You then need to go to the relevant ledger and debit the dishonoured cheque.
When the client pays in cash, money order or financial institution cheque, a new
receipt is issued.
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CPPDSM4006A – Establish and Manage Agency Trust Accounts
It is then entered into the Receipt Side of the Trust Cashbook. The information
that appears includes:-
The date
The receipt number
Whether payment was made by cash, money order or financial
institution cheque (under ‘type’ in the cashbook)
Who it was received from
On whose account
Ledger number
The transaction
The amount
You then need to go to the relevant ledger and credit the amount paid.
If a dishonoured cheque is from a tenant, it may be advisable to ask that all future
transactions be in cash, money order or financial institution cheque to ensure
there are no problem payments in the future.
Example
On the 2nd of this month James (tenant) paid $1,000 by cheque for rent of a
property owned by Smith.
On 6th you found out that the cheque has been dishonoured.
You immediately contacted the tenant who came into the office on the same day
and paid the rent and the dishonour fee by cash.
Following is how the information would be recorded on the cashbook and the
landlord’s ledger.
Trust Cashbook 86
Receipt Side
Date Type L.F Transaction Amount Payment
Received On Account
Receipt #
From of
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CPPDSM4006A – Establish and Manage Agency Trust Accounts
Payment Side
Date Cheque Payee On Account L.F Transaction Bank
# of
Trust Ledger
Account Name: Smith Number 320
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CPPDSM4006A – Establish and Manage Agency Trust Accounts
In NSW, in January each year the licensee must prepare a statement for the OFT
of unclaimed trust money that has been held for two or more years (as at 31st
December). This is set out under section 62(1) of the Conveyancers Licensing
Act 2003.
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CPPDSM4006A – Establish and Manage Agency Trust Accounts
Clients may also request information about their account and money transacted
on their behalf by an agent. The legislation states that clients can request an
itemised account of all the transactions from the previous six months. The request
must be in writing and the licensee has fourteen days to comply.
Trust Records
As mentioned earlier, all trust records and documents must be kept by the
licensee for 3 years (PSAA s104).
The Trust records and documents required by the legislation, the information they
need to contain, and when they are to be produced are outlined below.
When examining these requirements, you should also be thinking about the office
policies and procedures that need to be implemented to ensure legislative
compliance.
Receipt Book
Once money is received from a client the agent must issue a receipt from
the Trust receipt book.
The individual receipts in the receipt book must have been consecutively
numbered by machine.
Each receipt must consist of an original and a duplicate.
Receipts must be issued in numerical order.
Information on the trust receipt must include:-
• Date of issue
• Receipt number
• The name of the licensee
• The words ‘Trust Account
• The name and ledger reference number for or of the person from whom
the money was received.
• Why it was received
• The sum and how it was received
• If it is a rent receipt, it must show the date to which the rent has been
calculated, and if it is in advance or arrears.
Original receipt must be issued on demand to the person paying the trust
money.
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If the original receipt is not issued, it must be retained by the licensee along
with all duplicate copies.
Cheque book
All payments from a trust account must only be made by cheque or electronic
transfer (EFT).
Under no circumstances are cash payments allowed.
Cheques must be marked ‘not negotiable’, show the name of the licensee
and the words ‘Trust Account’, and be signed correctly.
For EFT payments, the following records must be kept:-
• Name of the person directing the transfer and under whose delegation
it is made.
• Date and reference number of the transfer
• Name of the payee
• The amount to or from each ledger account
• Details of ledger accounts debited including the name and ledger
number of each client on whose behalf the transfer occurred.
• The reason for the transfer.
Trust cheques and EFT transactions must be signed by the licensee.
These requirements MUST be followed every time a payment is made on
behalf of a client for whom the licensee holds trust funds.
Delegation Authority
The licensee can delegate this authority to one or two employees working at
the licensed premises to be used if the licensee is unable to sign due to
illness, injury, or is absent from the office for good reason.
The delegation must be in writing, signed by both parties.
It can be withdrawn by giving notice in writing.
Deposit book
Except for direct deposits, all deposits made into the licensee’s trust account must
be made using trust deposit book which shows the details of the deposit.
Duplicate of the particulars of each deposit must also be retained by the licensee.
Every time funds are deposited into trust account.
Cashbook
(Examine the cashbook provided in the next section while reading these notes)
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Receipt Side
Details of each receipt must be entered manually or electronically into the
Receipt side of the cashbook
The information entered includes:-
Date funds were received
Receipt number (chronological order)
Type – whether by cash, cheque, bank cheque, money order
Who it was received from
On whose behalf / account (Client name)
The ledger number the transaction relates to (i.e. the client’s ledger
#)
The reason for the transaction
The amount
Payment side
Details of each cheque drawn must be entered manually or electronically into the
cashbook – Payment side
The information entered includes:-
The date
The cheque number (in chronological order)
The payee (who the cheque is written to)
The client / account on whose behalf funds are being paid.
The ledger number the transaction relates to.
The reason for the transaction
The amount
Journals
A journal record must be kept of all transfers between accounts in the trust
account ledger that were not brought about by cheque or EFT.
Journal pages are numbered consecutively and each entry must be made
in chronological order.
Entries in journals must balance before entries are made in the ledger.
The program must not allow amendments except by a separate journal entry
Ledgers
(Examine the ledgers in the next section while reading these notes)
All information contained in the cashbook is classified into the ledgers.
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Each ledger has a unique number which also appears on the cashbook in line
with each transaction.
Ledgers include:-
Bank Ledger
This summarises all the money held at the bank owing to the clients collectively
by the agency.
Every ledger has two sides – left and right. The Left side is called Debit, and the
right side is Credit
When funds are received on behalf of a client, you debit the bank. That is, the
bank owes the client these funds.
When funds are disbursed / paid on behalf of a client, you credit the bank.
Therefore, the amount owed to the clients by the bank (receipt side of cashbook)
is placed on the Debit side of the bank ledger, while the total payments made on
behalf of clients is placed on the Credit side of the bank ledger.
The difference between these figures is the balance in the bank carried forward
to next month - owing to your clients.
It will also be the total of the ledgers that do not have a zero balance.
These ledgers will be listed on the trial balance to show that what is in the bank
adds-up to what is in the ledgers.
Client Ledgers
Each client has their own ledger showing all transactions made on their behalf.
When money is received on behalf of a client it is posted on the ‘credit’ side of the
ledger. When money is paid on behalf of a client it is posted on the ‘debit’ side of
the ledger.
In a computer system, ledger programs must not allow a debit balance in any
account unless it is capable of producing a separate chronological report (in
permanent legible form) of all such occurrences.
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The ledger program must ensure accounts cannot be deleted unless their balance
is zero and they can still be retained in a form that is visible.
Trial Balance
(Examine a trial balance from the next section while reading these notes)
At month’s end, all transactions on the receipt side and payment side of the cash
book are totalled. Original Trail balance records (or true copies) must be kept by
the licensee.
The difference between the total payments and total receipts represents what is
left in the trust account which will be carried over to the following month. This
amount is the amount that all ledgers without a zero balance should add up to.
If, when you add up all the ledger amounts they total the difference between the
total receipts and the total payments of the cashbook, everything balances.
The Trial Balance MUST be completed within 21 days of the end of each
month.
Bank Statements
The bank statement is one of the documents used when completing a Bank
Reconciliation.
Transactions on the bank statement are compared / cross checked with the
cashbook. The purpose is to verify whether the trust account records are correct.
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Bank Reconciliation
(Examine the Bank Reconciliation from the next section while reading these notes).
Larger agencies may well carry out Bank Reconciliations twice monthly or weekly.
(Refer to the next section for the process involved in completing a Bank Reconciliation)
A Bank Reconciliation MUST be undertaken within 21 days of the end
of each month.
Audit Report
A licensee who has received or held trust funds during the financial year ending
30th June must submit an audit of their trust account.
Audit reports must be retained by the licensee for a minimum of 3 years following
the audit.
The Audit Report MUST be lodged with the OFT by 30th September each year.
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Auditing Requirements
The OFT website states that the purpose of the Act’s trust account audit
requirements is to address consumer risks in relation to the licensee’s handling
of trust money.
Before the 30th June each year every licensee receives a letter and form from the
OFT which is to be completed. A statutory declaration is attached to the form
provided which is completed if a licensee has not received or held trust money
during the audit period.
The documents and records discussed above are source documents that enable
the tracking of each trust transaction at any time to verify that the money has been
dealt with as required under the Act and the Regulations. The auditor will require
access to all these records to complete the audit. The verification that legislative
requirements have been complied with is a major purpose of the annual audit.
The auditor’s role is to ensure the trust accounts are being maintained and office
procedures implemented that ensure legislative requirements are being met and
that mechanisms are in place to ensure employees are aware and adhere to
these procedures and requirements.
It is the agent’s responsibility to ensure that the auditor has everything required
to be able to carry out the audit including source documents, for example, listing
authorities and receipt duplicates; supporting records and documents, for
example, trust journals, contractors’ invoices and banking statement; and, all the
evidence provided should show that it is correctly filled out, monitored, verified,
and where necessary, signed by the responsible person so authorised.
If the agency commenced business within the last year, the agent must provide a
statement reporting which funds were held on the first day.
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When the agent submits this statement, the auditor will check the paperwork from
the commencement date. If all is satisfactory, the auditor will prepare a report and
submit a copy of this to the agent.
If the agency is unable to meet that deadline or, for example, the agency is
changing hands at the end of July, an application may be made in writing to Fair
Trading for approval to alter the date from 30 June.
Once the audit has been carried out, the auditor is obliged to give a copy of the
report to the agent to sign and to forward a copy to Fair Trading
Not only are the auditor’s reports to be retained, but all trust documentation must
also be kept for up to seven years. In NSW trust documentation must be retained
for at least three complete years following the end of the trust account year. This
includes the trust account audit reports (PSAA s111 (3)).
However, as records are retained for tax purposes for 7 years, many agencies
retain all records (including trust accounts) for that period.
If the auditor finds a deficiency during the year, the auditor must write a report
setting out the findings and deliver a copy to Fair Trading and a copy to the
agency (PSAA Act s89).
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13) Mandatory vacations ensures that long term fraud and theft are minimised
15) Create and utilise an audit trail using source documents, and ensure that all
employees are informed and educated about the audit trail.
These are just some of the principles and mechanisms that can be used to
minimise errors and fraud.
Effective internal control systems require first and foremost a commitment from
the agency’s management to protecting the assets and communicating,
implementing and preserving the integrity of the controls.
In this section we will complete trust cashbooks, trial balance and bank
reconciliations ensuring compliance with the legislative requirements.
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CPPDSM4006A – Establish and Manage Agency Trust Accounts
Introduction
Although there are legislatively compliant computer systems where an agent can
enter transactions and the computer system automatically posts these
transactions to ledgers, certain information can be entered incorrectly, and so a
manual check may need to be conducted.
Therefore the Licensee in Charge has to understand the mechanics behind the
system as they will ultimately be held liable if there are any breaches of the
legislation.
To gain competency in this unit, and therefore your real estate licence in NSW,
you are required to be able to manually complete a Cashbook, Ledgers, Trial
Balance and Bank Reconciliation in accordance with legislative requirements.
Books of Account
This is a term used to describe the records that provide the information to be
recorded by a business and for Trust Accounting. These include:
Trust Receipt book ( all monies required to come into the trust will flow
through the receipt book)
Trust Cash Book ( has two sides, cash receipts and cash payments)
Cheque book
Trial Balance
Bank Statements
Bank Reconciliation
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The accounting cycle within a real estate agency is repeated each month and
again at the end of the financial year when the accounts close as at the end of
each financial year.
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Step 1:
Identifies financial
transactions from
source documents
Step 6: Step 2:
Closing the Books Transactions are
recorded in the
accounting system
Step 5: Step 3:
Adjusted Trial Posting journal
Balance entries to General
Ledger
Step 4:
End of Period
Procedures
e.g. statements and reports
Each of these steps forms the basis of good financial business practice and each
of the steps in themselves have associated books and registers that support the
process, the accountability and the quality of each transaction.
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The Balance as per the Trust Trial Balance is reconciled to the Trust Bank
Statement to verify the validity of the Licensee’s records
If you examine the columnar ledger you will notice columns for debit and credit.
The Trust Account is a simple cash accounting system where cash in and cash
out is recorded. When cash comes in, a receipt is written, the source document
is then used to record the transaction in the cashbook. The information is then
recorded in the ledgers.
When the transaction is recorded in the trust, the bank ledger is debited and the
client is credited. When amounts are drawn from the trust the client is debited and
the bank is credited.
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Basic Rules:
In the client trust ledgers, the credit entries represent receipts and the debit entries
represent payments. With a columnar ledger account the client balance is
calculated after each transaction.
As per the Regulations, the Office of Fair Trading requires that the ledger
accounts exist as columnar ledgers.
This means that each ledger has two sides – a left and right side with provision
for name and number. The columnar format allows for the balance to be updated
after each transaction.
Example
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1) The Bank
2) Each Principal (client)
Each ledger has its own unique identifiable number. The ledger is a centralised
document that enables an agent or an employee to account for a client at any
time. The ledger is made up of accounts (usually one page per account) for each
person and is updated as each transaction occurs
Information from the Trust ledgers is summarised into the Trust Trial Balance.
At the end of each month the Bank Ledger and Trust Client Ledgers with
balances other than zero are listed as in the following example.
Debit Credit
Bank $141,400
Davies to Kinglake $58,000
Daniels (Landlord) $ 2,600
Hall to Yates $62,500
Burns $ 18,300
$141,400 $141,400
In order to maintain the accuracy and integrity of the Trust Account records it is
imperative that the trust account is periodically checked and reported on. This
occurs at the end of each month. The processes undertaken each month that
ensure compliance with agency and statutory requirements in regard to the
accuracy of trust records are:
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These processes enable the licensee to feel certain that the records are being
maintained accurately so as to ensure that proper auditing procedures can take
place, both internally and externally.
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CPPDSM4006A – Establish and Manage Agency Trust Accounts
Using the following information provided by the licensee of Paragon Real Estate,
you are required to:
The Trust Cash Book, Trust Ledger and Trust Trial Balance are to be
completed so as to comply with the regulations.
The accounts in the Trust Ledger had the following opening balances as at
1st October 2008
October
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TRUST CASH BOOK PARAGON REAL ESTATE
CASH RECEIPTS
CPPDSM4006A BOOK
– Establish and Manage Agency Trust Accounts
DATE Rec # TYPE RECEIVED FROM ON ACCOUNT OF L.F TRANSACTION AMOUNT PAYMENTS
1/10/ bal b/fwd $135,000.00
29/10/ 1007 chq IBD Brown to Smile 170 IBD + Interest $50,150.00
30/10/ 1009 chq McHugh Rental Bond Board Suspense 130 $1,200.00
$271,950.00 $172,150.00
Bal c/fwd $99,800
$271,950.00 $271,950.00
Bal b/fwd $99,800
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TRUST CASH BOOK PARAGON REAL ESTATE
CASH PAYMENTS BOOK
CPPDSM4006A – Establish and Manage Agency Trust Accounts
CHEQUE
DATE PAYEE ON ACCOUNT OF L.F TRANSACTION AMOUNT
NUMBER
1/10/ 2501 Rental Bond Board Rental Bond Board Suspense 130 Bond $10,000.00
3/10/ 2502 Anapolous Hunt 150 Repairs $500.00
8/10/ 2503 Paragon Real Estate West to Soul 110 Commission $10,000.00
8/10/ 2504 West West to Soul 110 Settlement $20,000.00
10/10/ 2505 Interest Bearing Deposit Brown to Smile 170 IBD $50,000.00
11/10/ 2506 Paragon Real Estate Hunt 150 Property Mgt Fees $500.00
11/10/ 2507 Hunt Hunt 150 Rent - Landlord $5,000.00
20/10/ 2508 Paragon Real Estate Peters to Best 120 Commission $3,000.00
20/10/ 2509 Peters Peters to Best 120 Settlement $22,000.00
24/10/ ------------ Hunt 150 Dishonoured Chq $1,000.00
29/10/ 2510 Paragon Real Estate Brown to Smile 170 Commission $6,500.00
29/10/ 2511 Brown Brown to Smile 170 Settlement & Interest $43,575.00
29/10/ 2512 Smile Brown to Smile 170 Interest $75.00
$172,150.00
CPPDSM4006A – Establish and Manage Agency Trust Accounts
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Trust Ledgers
Account Name: Bank Number 100
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$ $
The Bank Reconciliation is designed to check the validity of the trust cash balance
to the bank statement supplied by the bank. At any point in time, the bank
statement and the books will generally not agree.
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Electronic funds transfers that have not been received into the bank, but
which have not yet been recorded as received in the books
Fees and / or charges that have been levied by the bank in error
(remember…trust account fees should have been charged to the agency’s
general account – not the trust account).
Bank Reconciliation should be carried out at least once a month. In a large agency
this may carried out more often. The bank reconciliation controls the cash receipts
and cash payments of the real estate business, which is essential.
Step 1: Match that unreconciled items from the last bank reconciliation to the
current bank statement. Any items unmatched will remain a difference between
the cash book and the bank statement and must be included in the current
month’s bank reconciliation.
Step 2: Match this month’s receipts in the Trust cash book to the deposits shown
on this month’s bank statement.
Step 3: Crosscheck the cheques and payments in the Trust cash book to the
cheques and payments presented on the bank statement. It is common that some
of the cheques that you have drawn have not yet been presented at the bank.
Step 4: Update your Trust cash book by adding to it anything on the bank
statement that should be entered into your Trust cash book or any errors that
require correcting in the trust cash book. For example, direct deposits
Example
The following pages illustrate the process involved in completing a Bank
Reconciliation.
The documents used are the previous month’s reconciliation document, the trust
account book, and the bank statement. The bank reconciliation for the period
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ended 31st May should show any outstanding deposits and un-presented cheques
as at that date.
Date
31 May Credit balance as per bank statement $510.00
Add: 30 May
Outstanding deposits (Receipt No 411)
$450.00 A
(Deposits paid into the
bank but not yet showing 31 May B
The adjusted balance of $1055.00 would match the Trust Cash Book balance
as at 31 May.
During June, the following transactions took place in the trust account:
RECEIPTS PAYMENTS
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Where amounts differ between the Trust Cash Book and Trust Bank Statements, you should
assume that the Bank Statement is correct.
not yet been paid from Chq No 8085 $174.00 the bank account)
Chq No 8086 $81.00 V Total un-presented cheques ($648.00)
30 June Debit balance as per Trust Cash Book $36,062.00 X
Helpful websites
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NSW Legislation
Please note: This legislative summary was verified as correct at the date of preparation (11
May 2009). Legislation may have been amended since that date and course participants are
advised to check the current legislation at http://www.legislation.nsw.gov.au/.
The Property and Stock Agents Act (2002) (“The Act”) and Regulation (2014), (“The Regulation”)
specifically relate to Trust Accounting as per the following.
a) The Act
Part 7 – Trust Accounts
Part 8 - Records
a) The Regulation
Part 4 - Trust Money
Part 5 - Records
Schedule 15 – Penalty
notice offences
Reporting to Clients
As part of agency duties there are reports and statements that a developed for
clients.
Reports
At the end of each month landlords are sent a rental statement outlining the income
and expenditure for the month, and the net rent is remitted into our landlords’
nominated bank accounts by way of electronic funds transfer.
At the end of each financial year a profit and loss statement is provided. These
statements provide an annual summary of all the income and expenditure relating
to the property.
Statements
Another type of document that is developed for clients is a closing statement at
settlement of sale property. This is issued to the client/solicitor detailing the funds
being held in the trust account and the disbursements to be deduced such as
commission and agency fees and the balance of funds that is due to be forwarded
to the client/solicitor following settlement.
CPPDSM4006A – Appendix – New South Wales - Legislation summary
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