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Ny License Law Dos RegulationsTrust_account_rulesHARD

Under New York DOS regulations, a licensed broker maintaining a trust account for client funds is required to use which type of account, and what restriction applies to interest earned?

Correct Answer

C) A non-interest-bearing escrow account at a federally insured institution; the broker may not profit from interest on client funds

Under NY DOS regulations (19 NYCRR §175.1) and Real Property Law §439-a, brokers are required to deposit client funds into a separate, non-interest-bearing escrow account at a federally insured bank or trust company. Brokers are prohibited from commingling client funds with personal or operating funds and may not profit from those funds. Because the account must be non-interest-bearing, the question of distributing interest to clients does not arise under standard NY broker trust account rules — the regulatory requirement is to use an account structured to prevent any interest accrual that could benefit the broker.

Answer Options
A
An interest-bearing account; the broker may retain interest as reasonable compensation for account administration
B
A non-interest-bearing escrow account; any interest generated belongs to the broker as incidental income
C
A non-interest-bearing escrow account at a federally insured institution; the broker may not profit from interest on client funds
D
An IOLA account administered by the Lawyers' Fund; interest is remitted to the state bar association

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Related Topics & Key Terms

Key Terms:

trust_accountinterest_incomeclient_propertydistribution_method

Related Concepts

Spot zoning is an illegal or improper rezoning of a small parcel of land that is inconsistent with the surrounding zoning and the comprehensive plan. It benefits an individual owner rather than the community as a whole.

Subdivision regulations are local government rules that control the division of land into smaller parcels for development or sale. They ensure proper infrastructure, lot sizes, and public improvements are provided.

A variance is an authorized deviation from the existing zoning ordinance granted to a property owner who demonstrates unique hardship. It allows a use or structure that would otherwise violate the current zoning rules.

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