Knowledge

Commingling

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circumstances, the law usually presumes that any gains run to the client and any losses run to the fiduciary who is guilty of commingling. As one source puts it, "n a pejorative sense, commingling is the special vice of fiduciaries (trustee, agents, lawyers, etc.) in failing to keep a beneficiary's money separate from the fiduciary's own money".
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of the fiduciary. Funds held in care are not the fiduciary's property, and the client is not a creditor. So in case of bankruptcy, if the funds have been properly kept separate, they can easily be returned to the client. If, however, the funds have been commingled, the client is potentially subject
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mixes funds held in care for a client with his own funds, making it difficult to determine which funds belong to the fiduciary and which belong to the client. This raises particular concerns where the funds are invested, and gains or losses from the investments must be allocated. In such
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For example, a tenant who deposits money with a landlord has not lent money to the landlord – the tenant is not a creditor – and is entitled to his deposit back even in case that the landlord declares bankruptcy, assuming property is in good condition – the tenant is responsible for the
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Similarly, a client who invests with a fund or broker is investing, not lending, so the fiduciary must keep the client money separate and not use it for their own purposes, but only for approved investment purposes: the client is subject to
141:" of a sham corporation, where a person shields himself from personal liability through "incorporation", yet fails to observe strict separation of corporate and personal property or accounts, among other improprieties. 164:, "commingling" non-marital property with marital property can make it community property. For example, depositing money received by an individual through 180:
is on the party disputing the classification to "trace" the property back to individual property, and demonstrate an intent to keep it separated.
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to becoming entangled in the bankruptcy proceedings, and there may not be sufficient funds to pay the client back.
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are strictly prohibited from commingling their clients' funds with their own, and such activity is grounds for
148:, strict separation of corporate and personal property is a particular issue, notably in tax and divorce law. 138: 35: 16:
Breach of trust in which a fiduciary mixes funds held in care for a client with their own funds
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may transform the money into community property. Most community property states apply a
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This article is about the commingling of money. For the usage in computer science, see
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The problem of commingling is of particular concern in the legal profession.
169: 114: 173: 165: 81: 27: 168:– ordinarily considered non-marital, individual property – into a joint 110: 58: 50: 31: 117:
and the difficulty of detection. Similar rules apply for licensed
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and other professionals who hold deposits as agents for clients
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risk on his money, but not credit risk regarding the fiduciary.
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of community property; where there is any commingling the
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in virtually every jurisdiction, because of the ease of
137:Commingling is also evidence that may be used in " 236:Banking Law in the United States - Fourth Edition 285: 57:Commingling is particularly an issue in case of 210:Mellinkoff's Dictionary of American Legal Usage 286: 234:Alfred M. Pollard and Joseph P. Daly, 100: 151: 87: 13: 262:Principles of Real Estate Practice 70: 14: 305: 273:William H. Pivar, Robert Bruss, 260:Stephen Mettling, David Cusic, 249:Practical Law Office Management 132: 267: 254: 241: 228: 215: 202: 1: 195: 7: 223:The Language of Real Estate 183: 139:piercing the corporate veil 65: 10: 310: 275:California Real Estate Law 25: 18: 247:Cynthia Traina Donnes, 238:(2014), 14-58 to 14-59. 80:but is not undertaking 36:single-stream recycling 26:For the commingling of 119:real estate brokers 101:Lawyers and brokers 208:David Mellinkoff, 158:community property 152:Community property 301: 278: 271: 265: 258: 252: 245: 239: 232: 226: 221:John W. Reilly, 219: 213: 206: 88:Investment funds 21:Data commingling 309: 308: 304: 303: 302: 300: 299: 298: 284: 283: 282: 281: 277:(2002), p. 251. 272: 268: 264:(2014), p. 177. 259: 255: 251:(2016), p. 318. 246: 242: 233: 229: 220: 216: 207: 203: 198: 186: 178:burden of proof 154: 135: 103: 90: 73: 71:Tenant deposits 68: 47:breach of trust 39: 24: 17: 12: 11: 5: 307: 297: 296: 280: 279: 266: 253: 240: 227: 225:(2000), p. 75. 214: 212:(2009), p. 95. 200: 199: 197: 194: 193: 192: 185: 182: 160:states of the 153: 150: 146:small business 134: 131: 102: 99: 89: 86: 72: 69: 67: 64: 15: 9: 6: 4: 3: 2: 306: 295: 292: 291: 289: 276: 270: 263: 257: 250: 244: 237: 231: 224: 218: 211: 205: 201: 191: 188: 187: 181: 179: 175: 171: 167: 163: 162:United States 159: 149: 147: 142: 140: 130: 128: 124: 123:earnest money 120: 116: 112: 108: 98: 96: 85: 83: 79: 63: 60: 55: 52: 48: 44: 37: 33: 29: 22: 294:Legal ethics 274: 269: 261: 256: 248: 243: 235: 230: 222: 217: 209: 204: 170:bank account 155: 143: 136: 133:Corporations 126: 115:embezzlement 104: 94: 91: 77: 74: 56: 42: 40: 174:presumption 166:inheritance 127:in absentia 82:credit risk 49:in which a 43:commingling 28:recyclables 196:References 111:disbarment 95:investment 59:bankruptcy 121:handling 107:Attorneys 78:property, 51:fiduciary 32:recycling 288:Category 184:See also 66:Examples 41:In law, 190:Escrow 30:, see 45:is a 144:For 34:and 156:In 290:: 129:. 84:. 38:. 23:.

Index

Data commingling
recyclables
recycling
single-stream recycling
breach of trust
fiduciary
bankruptcy
credit risk
Attorneys
disbarment
embezzlement
real estate brokers
earnest money
piercing the corporate veil
small business
community property
United States
inheritance
bank account
presumption
burden of proof
Escrow
Category
Legal ethics

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