Resources for Financial Institutions

Louisiana Supreme Court IOLTA Rule

New Program Participants

Financial Institution Certification Statement Form

New IOLTA Remit Template in Excel

Enrollment Forms

Existing Program Participants

Rate Adjustment Acknowledgement

New IOLTA Remit Template in Excel

Enrollment Forms

The Louisiana Supreme Court approved amendments to the LSBA Rules of Professional Conduct (Rule 1.15 Safekeeping Property, IOLTA Rules) that require eligible financial institutions to pay fair and comparable rates of interest on their IOLTA accounts. The following are frequently asked questions about rate comparability:

Questions and Answers on IOLTA Rate Comparability

1. What does the IOLTA rate comparability rule do?
   Introduces competition for IOLTA accounts by permitting brokerage firms to participate in IOLTA;
   Permits use of government money market funds for IOLTA; and
   Defines institutions eligible to hold IOLTA accounts as only those institutions which pay IOLTA account customers the highest interest rate or dividend generally available at their own institution to similarly situated non-IOLTA customers.
2. When was the rule effective?
   The rate comparability rule was effective on April 1, 2008 and remains in effect today. Due to the extended period of low interest rates (2008-2016) financial institutions may not have had to make frequent adjustments to their IOLTA rates in some time, however, as deposit rates rise it is important for all institutions to insure that IOLTA accounts receive a rate no less than that paid to comparable customers. 
3. Does the rule require attorneys or law firms to contact their bank?
   No. When necessary, the Foundation will initiate compliance activity on an institution-by-institution basis and will contact affected attorneys or law firms with specific information and assistance. Affected attorneys and law firms only will need to sign their institutions standard account agreements as necessary to open and maintain their IOLTA account.
4. Are attorneys or law firms required to move their IOLTA accounts to institutions paying higher rates?
   No. The rule only requires institutions to pay IOLTA accounts the highest rate or dividend generally available to similarly-situated non IOLTA account customers at their own institution. Only in the event that a financial institution is no longer eligible to hold IOLTA accounts would an attorney or law firm be required to move their account to another institution.
5. Is this voluntary for attorneys and law firms?
   No. The rule requires attorneys and law firms to maintain their IOLTA account only at eligible banks, or investment companies which comply with the interest or dividend requirement of the new rule and have been certified by the Foundation. Our website contains a complete list of eligible institutions.
6. Are attorneys and law firms responsible for monitoring their institutions compliance with the interest or dividend requirement rule?
   No. The Foundation will monitor to ensure compliance.
7. What must financial institutions do?
   Financial institutions must meet the rate comparability provisions of Rule 1.15 to continue to be eligible to hold IOLTA deposits in Louisiana. The Louisiana Bar Foundation as administrator of the IOLTA program is responsible for certifying compliance with the IOLTA Rule. Institutions that are certified as eligible to hold IOLTA deposits are identified on the Foundation’s website.
8. Where can I get more information about the new rule?
   By contacting the Foundation: The Louisiana Bar Foundation 1615 Poydras Street, Suite 1000 New Orleans, LA 70112 Phone: (504) 561-7309 Fax:(504) 566-1926 Email Tina Ferrera