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Ny License Law Dos RegulationsTrust_account_rulesHARD

Broker Susan discovers that her trust account is overdrawn by $200 due to a bank error in processing. She immediately deposits $200 of her own funds to cover the shortage while the bank investigates. Under New York regulations, what should Susan do next?

Correct Answer

D) Remove her funds immediately once the bank corrects the error and reimburses the account

While Susan correctly protected client funds by covering the shortage, she must remove her personal funds as soon as the bank error is corrected to avoid commingling. The temporary deposit was appropriate to protect clients, but ongoing commingling is prohibited.

Answer Options
A
Leave her funds in the account until the bank error is corrected
B
Transfer all trust account funds to a new bank immediately
C
Report the incident to DOS within 24 hours of discovery
D
Remove her funds immediately once the bank corrects the error and reimburses the account

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Related Topics & Key Terms

Key Terms:

trust_accountbank_errortemporary_depositcommingling

Related Concepts

An easement is a legal right to use another person's land for a specific purpose without owning it. It is a nonpossessory interest in real property that typically runs with the land.

An easement by necessity is created by court order when a property is landlocked and has no access to a public road. It arises from the necessity of accessing the property, not from long-term use.

An easement by prescription is acquired through continuous, open, notorious, hostile, and uninterrupted use of another's land for a statutory period. It is similar to adverse possession but grants use rights, not ownership.

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