Written by attorneys · grounded in primary & secondary sources — see below
To deposit or maintain funds with a financial institution authorized to receive deposits and provide related services such as payments or collections.
Sources & Authorities
How it applies
Common Examples
6
Lawyer Covers Trust Account Fees
Belinda Baxter deposits client settlement proceeds into her client trust account at a local bank. To cover monthly service charges on that account, she adds a small amount of her own funds. The deposit satisfies the sole permitted purpose for a lawyer's personal funds in the account.
Borrower Cures Default with Bank Check
Bei Bai receives a foreclosure notice on her home. Two days before the sale she tenders a cashier's check drawn on Benson Motors' bank in the exact cure amount. The tender meets the statutory requirements for curing the monetary default.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Uniform Acts
Model Codes
Common Law
Restatements
Dictionaries
Bernard Bass and Bianca Baker decide to bank jointly by opening a checking account at Bay Area Systems using a shared last name on the signature card. They tell neighbors they are married and list each other as beneficiaries. The joint account serves as public evidence of their common-law marriage.
Lab Uses Accredited Bank for Testing
Blake Butler submits DNA samples to a laboratory for parentage testing. The lab banks its operating funds at a federally chartered bank while maintaining AABB accreditation. The testing satisfies the statutory accreditation requirements.
Congress Charters National Bank
Brittany Bell's state attempts to tax notes issued by a bank created by federal statute. Congress chartered the bank so states and citizens could bank with an instrumentality of the United States. The state tax is invalid.
McCulloch v. Maryland17 U.S. (4 Wheat.) 316 (1819)
Bank Trustee Provides Notice to Beneficiaries
Baxter Dynamics serves as trustee of a common trust fund and banks the fund assets at Central Hanover. It publishes notice of an accounting in a local newspaper rather than mailing individual letters to known beneficiaries. The publication satisfies due-process requirements for the judicial settlement.
Mullane v. Central Hanover Bank and Trust Co.339 U.S. 306, 313-314 (1950)
Common questions
Frequently Asked
4
When may a lawyer place personal funds in a client trust account?+
A lawyer may deposit personal funds solely to cover bank service charges and only in the amount necessary for that purpose.
What forms of payment cure a monetary default under the Uniform Home Foreclosure Procedures Act?+
Payment may be made in cash, by cashier's check, certified check, teller's check, or equivalent bank obligation, by electronic funds transfer, or by money order.
How can a joint bank account help prove a common-law marriage?+
A joint bank account is one recognized indication that the couple holds itself out publicly as married, together with using a common last name and community statements.
What must a genetic-testing laboratory be accredited by under the Uniform Parentage Act?+
The laboratory must be accredited by the AABB or by an accrediting body designated by the Secretary of Health and Human Services.
304 U.S. 64, 78–80 (1938)Conflict of Laws
…lex loci must be the governing rule of private right, under whatever jurisdiction private right comes to be examined." See also Bank of Hamilton v. Dudley's Lessee , 2 Pet. 492, 525. Compare Jackson v. Chew , 12 Wheat. 153, 162, 168; Livingston v. Moore , 7 Pet. 469, 542. [^maj-3]: Pepper, The Border Land of Federal…