Introduction
If you're a Licensee under the Property and Stock Agents Act 2002 – such as a real estate agent, strata managing agent or stock and station agent – you must hold clients’ funds in a trust account kept at an authorised deposit-taking institution in NSW.
For detailed information on licensee responsibilities visit NSW Fair Trading Real estate trust accounts and audit requirements.
Register a trust account
Trust account requirements
To register a trust account, it must be held in the name of either:
- the licensee or firm
- a corporation, using the corporation's licence number.
When establishing trust accounts you must:
- register separate accounts with NSW Fair Trading who will issue a unique identifying number for each account
- provide the authorised deposit-taking institution with each registered account number you receive from NSW Fair Trading, which the financial institution will use when lodging the monthly returns.
Note: When you write a cheque to draw funds from the trust account, you must include the words ‘trust account’.
What you need
- your real estate licence number
- details for the name of the trustee accounts which must include:
- the words 'trust account'
- the name of the licensee, firm or corporation as a prefix of the account name
- (if relevant) any other necessary identifier of the trust account, for example, a Unique Identifier (UID).
How to notify NSW Fair Trading
Register a trust account
You can use the online form to create a registration number for:
- a new trust account (one that has not yet been opened)
- an existing trust account.
Using the online form is generally the quickest way to notify NSW Fair Trading.
Close a trust account
There are certain requirements for closing a trust account. You must notify NSW Fair Trading within 14 days of closing an account.
Note: It is not possible to notify NSW Fair Trading of a trust account closure using the online form.
To notify NSW Fair Trading of a trust account closure:
- download and complete Notice of closing of a trust account – PDF
- submit the form via email to StatutoryInterestUnit@customerservice.nsw.gov.au
For more information visit NSW Fair Trading Real estate trust accounts and audit requirements