Client Account: Definition and Importance
A client account is a bank or building society account operated by a professional person (e.g., a solicitor, stockbroker, agent, etc.) on behalf of a client (Oxford Reference, n.d.). Client accounts are legally required for any company handling investments on a client’s behalf (Law Insider, n.d.). This legal requirement serves several crucial purposes:
Protection of Client Funds
Client accounts are designed to safeguard the client’s money in the event of the company’s insolvency (Oxford Reference, n.d.). By keeping client funds separate from the company’s business transactions, the risk of dishonest appropriation is minimized (Oxford Reference, n.d.).
Prevention of Dishonest Appropriation
The existence of separate client accounts makes it more difficult for companies to engage in dishonest appropriation of client funds (Oxford Reference, n.d.). This protection is essential in maintaining trust and confidence in the financial industry.
Account Information
Each client account should contain specific information, as outlined in FINRA Rule 4512 (FINRA, n.d.):
Key Facts
- Legal Requirement: Companies that handle investments on behalf of clients are legally required to have client accounts.
- Protection of Client’s Money: Client accounts are designed to protect the client’s money in case the company becomes insolvent.
- Prevention of Dishonest Appropriation: Client accounts make it more difficult for companies to make dishonest appropriations of the client’s funds.
- Account Information: Each client account should contain specific information, such as the customer’s name, residence, associated person(s) responsible for the account, and contact information for a trusted contact person.
- Additional Information: Depending on the type of account, additional information may be required, such as the customer’s tax identification or Social Security number, occupation, and whether the customer is associated with another member.
- Discretionary Accounts: For discretionary accounts, additional recordkeeping requirements apply, including maintaining a record of authorized associated persons and their signatures.
- Customer’s name and residence
- Whether the customer is of legal age
- Name(s) of the associated person(s) responsible for the account
- Signature of the partner, officer, or manager denoting that the account has been accepted in accordance with the member’s policies and procedures
- If the customer is a corporation, partnership, or other legal entity, the names of any persons authorized to transact business on behalf of the entity
- Contact information for a trusted contact person age 18 or older who may be contacted about the customer’s account
Additional Information
Depending on the type of account, additional information may be required, such as (FINRA, n.d.):
- Customer’s tax identification or Social Security number
- Occupation of customer and name and address of employer
- Whether the customer is an associated person of another member
Discretionary Accounts
For discretionary accounts, additional recordkeeping requirements apply, including maintaining a record of authorized associated persons and their signatures (FINRA, n.d.). This ensures that the client’s instructions are followed and that the account is managed in accordance with the client’s wishes.
Conclusion
Client accounts play a vital role in protecting client funds and preventing dishonest appropriation. By maintaining separate accounts and adhering to regulatory requirements, companies can ensure the integrity of their financial dealings and maintain the trust of their clients.
References
FINRA. (n.d.). 4512. Customer Account Information. Retrieved from https://www.finra.org/rules-guidance/rulebooks/finra-rules/4512
Law Insider. (n.d.). Designated Client Account. Retrieved from https://www.lawinsider.com/dictionary/designated-client-account
Oxford Reference. (n.d.). Client account. Retrieved from https://www.oxfordreference.com/display/10.1093/oi/authority.20110803095617732
FAQs
What is a client account?
A client account is a bank or building society account operated by a professional person (e.g., a solicitor, stockbroker, agent, etc.) on behalf of a client.
Why are client accounts important?
Client accounts are important because they protect the client’s money in case the company becomes insolvent and make it more difficult for companies to make dishonest appropriations of the client’s funds.
What information is typically included in a client account?
Each client account should contain specific information, such as the customer’s name, residence, associated person(s) responsible for the account, and contact information for a trusted contact person.
What are the additional requirements for discretionary accounts?
For discretionary accounts, additional recordkeeping requirements apply, including maintaining a record of authorized associated persons and their signatures.
Who is required to have client accounts?
Companies that handle investments on behalf of clients are legally required to have client accounts.
What are the benefits of having a client account?
Client accounts offer several benefits, including protection of client funds, prevention of dishonest appropriation, and clear record-keeping.
What are the risks of not having a client account?
Companies that do not have client accounts may face legal consequences and damage to their reputation.
How can I open a client account?
To open a client account, you will need to contact a professional person who offers this service, such as a solicitor, stockbroker, or agent.