Section 385: Funds, etc., held under direction
When a person receives, either alone or jointly with another person, any money or
valuable security or a power of attorney for the sale, mortgage, pledge, or other
disposition, of any property, whether capable of being stolen or not, with a direction in
either case that such money or any part thereof, or any other money received in
exchange for it, or any part thereof, or the proceeds or any part of the proceeds of
such security, or of such security, or of such mortgage, pledge, or other disposition,
shall be applied to any purpose or paid to any person specified in the direction, such
money and proceeds are deemed to be the property of the person from whom the
money, security or power of attorney, was received until the direction has been
complied with:
Provided that if the person receiving the money, security, or power of attorney, and
the person from whom he receives it, ordinarily deal with each other on such terms
that in the absence of any special direction all money paid to the former on account of
the latter would be properly treated as an item in a debtor and creditor account
between them, the former cannot be charged with stealing the money or any proceeds
unless the direction is in writing.
Cite this section
Section 385, CRIMINAL CODE ACT (2004).
https://repo.podus.ai/laws/criminal-code-act/section/385/