ALLOWABLE REASONABLE FEES ON IOLTA ACCOUNTS
ALLOWABLE REASONABLE FEES ON IOLTA ACCOUNTS
Consistent with Wisconsin Supreme Court Rule 20:1.15, the Wisconsin Trust Account Foundation, Inc, (WisTAF) has adopted a policy concerning the fees that are charged against the interest on IOLTA accounts. The following are the allowable reasonable fees which financial institutions may apply in processing lawyers trust accounts:
• per check charges
• per deposit charges
• fees in lieu of minimum balance
• sweep fees
• an IOLTA administrative fee approved by WisTAF
• federal deposit insurance fees
Allowable reasonable fees may be deducted from interest earned or dividends paid on an IOLTA account, provided that such charges shall be calculated in accordance with an IOLTA participating institution’s standard practice for non-IOLTA customers.
Fees in excess of the interest earned or dividends paid on the IOLTA account for any month or quarter shall not be taken from interest or dividends of any other IOLTA accounts. No fees that are authorized under this policy shall be assessed against or deducted from the principal of any IOLTA account. All other fees are the responsibility of, and may be charged to, the lawyer or law firm maintaining the IOLTA account. IOLTA participating institutions may elect to waive any or all fees on IOLTA accounts.
Non-Allowable Fees
Bank charges which cannot be charged against the interest accrued on IOLTA accounts, but may be charged directly to the lawyer or law firm maintaining the account include, but are not limited to, the following:
• wire transfer (in and out)
• check printing charges
• deposit slip printing charges
• special reconciliation charges
• charges for NSF checks
• overdraft charges
• additional statements requested
• phone inquiries regarding special information and attention
• stop payments
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