WSR 05-07-019

RULES OF COURT

STATE SUPREME COURT


[ March 3, 2005 ]

IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO REGULATION 106 OF APR 12 )

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)

ORDER

NO. 25700-A-810


The Washington State Bar Association having recommended the adoption of the proposed amendments to Regulation 106 to ARP 12, and the Court having determined that the proposed amendments will aid in the prompt and orderly administration of justice and further determined that an emergency exists which necessitates an early adoption;

Now, therefore, it is hereby

ORDERED:

(a) That the amendments as attached hereto are adopted.

(b) That pursuant to the emergency provisions of GR 9(i), the amendments will be published in the Washington Register, Washington State Bar Association and Administrative Office of the Court's websites, and, in addition to the above, the amendments will also be published in the Washington Reports and will become effective upon publication.

DATED at Olympia, Washington this 3rd day of March 2005.
Alexander, C. J.


C. Johnson, J.


Chambers, J.


Madsen, J.


Owens, J.


Sanders, J.


Fairhurst, J.


Bridge, J.


J. Johnson, J.



DISCIPLINARY REGULATIONS APPLICABLE TO APR 12.1

PROPOSED AMENDMENT TO REGULATION 106



Regulation 106: Contents of LPO Declaration

In connection with the annual license fee collection, Annually, the Board shall mail to each active LPO, a written questionnaire. The completed questionnaire shall be delivered by the LPO to the Board on or before July 31 January 31 of that year. The questionnaire shall be comprised of two parts. Parts One and Two shall be completed and signed by each active LPO, provided that Part Two, in lieu of completion and signing by each individual active LPO in a closing firm, may be completed and signed by an authorized member of the firm on behalf of all LPOs employed in the firm. Parts One and Two each shall be separately signed and verified by the signer under penalty of perjury and shall require disclosure of the following information:

Part I - LPO Verification

1. Name, current address and telephone number of the LPO.

2. Whether the LPO is actively closing real and/or personal property transactions.

3. If the answer to "2" is no, whether the LPO is nonetheless engaged in any LPO activities which involves or might involve the handling of client's funds or property.

4. Whether the LPO or closing firm maintain identifiable bank account(s) within the state for the deposit of funds of clients and a record-keeping system to record funds, securities and other properties of clients coming into the LPO's or closing firm's possession (to be answered by all LPOs unless the answers to both "2" and "3" are "no").

Part II - Account Information Verification

1. The name of the bank(s) and branch(es) where the separate identifiable bank accounts are maintained as the depository (or depositories) for client funds.

2. Whether the accounts identified in "1" above are maintained in the manner specified in APR 12.1, and whether all clients' funds to the extent required by APR 12.1 are kept therein.

3. Whether all funds, securities, and other properties of clients coming into the LPO's or closing firm's possession are held in the manner specified in APR 12.1 and whether records in respect thereto are maintained in the manner specified in APR 12.1.

Part Two may also require disclosure of the account numbers for each separate identifiable bank account maintained as a depository for client funds.

Reviser's note: The typographical errors in the above material occurred in the copy filed by the State Supreme Court and appear in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office