33-44-5-3. Written Statement of Attorney; Procedure
Sec. 3. The statement submitted under section 2 of this chapter must: (1) be filed in accordance with rules adopted under IC 4-22-2 by the board; and (2) state that the attorney is acting under section 2 of this chapter to exempt the attorney from the application of this article. [Pre-2004 Recodification Citation: 33-20-5-3.] As […]
33-44-6-11. Confidentiality of Information Identifying Beneficial Owner of Account
Sec. 11. A paper, a record, a document, or other information identifying an attorney, a client, or a beneficial owner of an interest bearing attorney trust account is confidential. [Pre-2004 Recodification Citation: 33-20-6-11.] As added by P.L.98-2004, SEC.23.
33-44-5-4. Presumption if Written Statement Not Filed
Sec. 4. If an attorney does not act under section 2 of this chapter, the board shall presume that the attorney has elected to be subject to this article. [Pre-2004 Recodification Citation: 33-20-5-4.] As added by P.L.98-2004, SEC.23.
33-44-6-12. Disclosure of Account Information by Board or Institution
Sec. 12. The board or a depository financial institution may not disclose information described by section 11 of this chapter except: (1) with the consent of the attorney maintaining the account; or (2) as permitted by: (A) law; or (B) rule adopted by the judicial department of state government. [Pre-2004 Recodification Citation: 33-20-6-12.] As added […]
33-44-5-5. Placement of Funds; Interest Bearing Attorney Trust Account
Sec. 5. An attorney subject to this article shall place all qualified funds in an interest bearing attorney trust account. [Pre-2004 Recodification Citation: 33-20-5-5.] As added by P.L.98-2004, SEC.23.
33-44-5-6. Qualified Funds; Determination by Attorney
Sec. 6. An attorney subject to this article shall determine if money received from a client or beneficial owner constitutes qualified funds. [Pre-2004 Recodification Citation: 33-20-5-6.] As added by P.L.98-2004, SEC.23.
33-44-5-7. Determination of Qualified Funds; Considerations
Sec. 7. In making the determination under section 6 of this chapter, the attorney shall consider the following: (1) The amount of interest the money would earn during the period the money is expected to be deposited. (2) The cost of establishing and administering the account. (3) The capability of the depository financial institution to […]
33-44-5-8. Good Faith Judgment Concerning Deposit of Funds; Attorney Liability
Sec. 8. An attorney: (1) does not breach a fiduciary duty; (2) is not liable in damages; and (3) is not subject to disciplinary action; because of a deposit of money in an interest bearing attorney trust account if the attorney acted in accordance with a good faith judgment that the money constituted qualified funds. […]
33-44-6-1. Trust Accounts Containing Qualified Funds; Transition to Interest Bearing Attorney Trust Account
Sec. 1. If the depositor and depository financial institution agree, a trust account that contains qualified funds held by an attorney subject to this article may be made an interest bearing attorney trust account. [Pre-2004 Recodification Citation: 33-20-6-1.] As added by P.L.98-2004, SEC.23.
33-44-6-2. Terms and Conditions
Sec. 2. The terms and conditions of an interest bearing attorney trust account, except as required under this chapter, shall be determined by the depositor and the depository financial institution. A depository financial institution is not required to offer an interest bearing attorney trust account. [Pre-2004 Recodification Citation: 33-20-6-2.] As added by P.L.98-2004, SEC.23.