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Trust accounting under the Legal Practice Act 28 of 2014 is one of the most heavily regulated areas in South African legal practice, and one of the most commonly mismanaged. The mistakes are often technical in nature, but the consequences are anything but.
Every time a sale is made, your accounting system records more than just income. It also captures the cost of the product you sold, even if you never see it happening. This is what shows whether your business is actually making money. When you understand how revenue, VAT, cost of sales and inventory work together, your numbers start to make sense and your financial decisions become far more informed.
Only 28% of audits passed the IRBA's latest inspection. The rest? Flagged, referred, or failed. And if you think that's the auditor's problem, think again. Your financial statements feed directly into every deficiency they're finding. Here's what it means for your practice and the steps you can take to ensure your clients' files hold up under scrutiny.
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Practice Management
You registered the company in twenty minutes. The liability could last twenty years.
When a client says "just get it registered," most accountants open BizPortal and start typing. But the moment CIPC accepts that Notice of Incorporation, a legal entity exists, with directors bound by fiduciary duties, beneficial ownership obligations live, and FICA compliance already in play. And you, the accountant who submitted it, are an accountable institution under South African law whether you knew it or not.
False directors. Fictitious addresses. Obscured ownership. "The client told me to" is not a defence the CIBA Code and/or the law recognises.
Read on, before your next registration becomes your next problem.
Many accountants unintentionally cross the line between what they can do and what they are allowed to do. Whether it is offering tax services without proper registration, conducting independent reviews without a licence, or taking on complex work without the necessary skills, the risks are significant. Knowing your legal and professional boundaries is not a limitation. It is essential to protecting your clients, your reputation, and your practice.
Most accountants think they’ll lose a client over a mistake. They won’t. They’ll lose them the moment trust feels… off. And that usually has nothing to do with technical work. It starts quietly, serving two clients in the same industry, earning from a referral, becoming “too close” to a long-standing client. None of it feels wrong. Until it is.
Conflicts of interest don’t explode into scandals. They shift your judgment, soften your questions, and blur your independence, just enough for a client to notice. And once they do, the damage is already done.