Fundamental change needed
01 Apr 2008
For these plans to succeed, there must be a fundamental change in the way some parts of the industry view clients money. Whilst using deposits, or sale proceeds to fund the construction of other craft, bring down the office overdraft or pay the wages, may once have been commonplace and acceptable, consumers, and ultimately the courts, all now rightly expect the industry to subscribe to, and apply, the same standards of financial self control as elsewhere in commerce.
Faced with mounting media pressure, and consumer demand for greater security and transparency, a number of new solutions are contemplated by the BMF, including the mandatory use of dedicated client trust accounts, an insurance package to guarantee the security of their funds during a construction process, bonding or use of stakeholders to hold funds.
Whilst, as recent events show, funds in client accounts are vulnerable in insolvency situations, these accounts still provide good security, provided they are properly operated in compliance with a few simple golden rules.
Firstly, you put into the account all (and only) client's money. Secondly, you only make or take monies out of the account as are available and due and specifically agreed by the client (whether by consent or the provisions of contract such as the sale or brokerage agreement).
Thirdly, you keep clear and meticulous detailed records of all such financial dealings. This requires set procedures and financial discipline, not rocket science!
Final BMF recommendations are awaited, but adoption and proper operation of a client account will provide reassurance to customers, and demonstrate prudence to bankers and potential insurers.
Those who have not yet adopted this discipline should accordingly consider doing so without delay.






