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Regulatory ComplianceTrust AccountsHARD

An audit finds a $25,000 shortage in an Ontario brokerage's trust account because trust money was mixed with the brokerage's operating funds over several months. Which TRESA duty did the brokerage breach?

Correct Answer

A) Keeping trust money separate from the brokerage's own money

TRESA s. 27(1) requires every brokerage to deposit trust money into a designated trust account and at all times keep it separate and apart from money belonging to the brokerage, so mixing it with operating funds breaches that duty. When a shortfall is found, O. Reg. 579/05 s. 14 requires the brokerage to notify the registrar immediately and deposit enough money to eliminate it.

Answer Options
A
Keeping trust money separate from the brokerage's own money
B
Depositing trust money within 24 hours of receiving it
C
Holding all trust money in an interest-bearing account
D
Keeping trust records for at least ten years

Why This Is the Correct Answer

This answer is correct because TRESA s. 27(1) requires the brokerage to keep trust money separate and apart from its own money at all times. Mixing trust money with operating funds is precisely the breach that produced this shortage.

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Key Terms

trust accountcomminglingTRESA s. 27shortfallbroker of record
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