1

Circular No 201/2014 Dated 9 Sept 2014 To Members of the Malaysian Bar

Sijil Annual 2015

Pursuant to part III of the Legal Profession Act 1976 (LPA), Practising Certificate and Sijil Annual shall be renewed annually by every advocate and solicitor. Members can obtain the Form of Application for Sijil Annual 2015 and the Application Form for Practising Certificate 2015 (hereinafter collectively referred to as the Application Forms) by the following means: (1) Download the attachments that come with this circular; or

(2) Download a copy of the Application Forms from the Malaysian Bar website (please refer to

the Membership section under the Resources>Frequently Used Forms tab); or (3) Collect a copy from their respective State Bar Committee (Members in Kuala Lumpur and

Selangor may also collect their Application Forms from the Bar Council Secretariat). A General

(1) To enable the Bar Council Secretariat to process your Application Forms, Members are

advised to do the following before submitting the Application Forms: (a) Ensure the following payments have been made:

(i) 2014 Bar Council Annual Subscription: RM450; (ii) 2014 Bar Council Building Fund: RM100; (iii) 2014 Bar Council Legal Aid Fund: RM100; (iv) 2014 Bar Council Sports Fund: RM20; (v) 2014 Bar Council LawCare Fund: RM100; (vi) 2015 Bar Council Compensation Fund: RM100; (vii) 2015 Bar Council Discipline Fund: RM60; and (viii) Penalty pursuant to section 46(6) of the LPA (if applicable): RM450.

The annual subscription of RM450 for 2014 was to be paid on or before 30 June 2014. In the event this payment was not made by 30 June 2014 and the Member was in practice from 1 Jan to 30 June 2014, or any part thereof, an additional penalty payment of RM450 has to be made pursuant to section 46(6) of the LPA.

(b) Obtain the Professional Indemnity Insurance Cover 2015 from Jardine Lloyd

Thompson Sdn Bhd (JLT). Members are encouraged to complete their renewal online as it is convenient and hassle-free, and enables faster processing. With the new online submission feature, Members will be able to obtain their invoice at the end of the process.

http://www.malaysianbar.org.my/forms.html

2

Please contact JLT directly for all enquiries pertaining to Professional Indemnity Insurance at:

Jardine Lloyd Thompson Sdn Bhd Suite 10.2 10th Floor Faber Imperial Court 21A Jalan Sultan Ismail 50250 Kuala Lumpur Tel: 03-2723 3241 (dedicated for Malaysian Bar) / 03-2723 3388 (Main) Fax: 03-2723 3301 www.praktis.com.my

Please take note that Members are no longer required to forward the receipts for the payments in item A(1)(a) and the Professional Indemnity Insurance Schedule 2015 from JLT with their Application Forms, unless requested otherwise, as the Bar Council Secretariat is able to check online that these formalities have been complied with.

(2) To enable the Bar Council Secretariat to deal with your application expeditiously, kindly

submit your Application Forms with the supporting documents duly arranged in the order listed in the attached SA Application 2015 Checklist, not later than 31 Oct 2014 (Friday).

(3) If a Member were to change firm after submission of the Application Forms but prior to the

issuance of his or her Sijil Annual and Practising Certificate 2015, a fresh set of Application Forms should be submitted.

B Documents to be Submitted for Application of Sijil Annual and Practising Certificate 2015

The following documents are to be submitted for the application of Sijil Annual and Practising Certificate 2015:

(1) SA Application 2015 Checklist, duly completed (please refer to Attachment 1); (2) Cheques for the payments stated in A(1)(a), only if the payments have not been made:

(a) In favour of Bar Council Compensation Fund for the year 2015 in the sum of

RM100; (b) In favour of Bar Council Discipline Fund for the year 2015 in the sum of RM60; (c) In favour of Bar Council in the sum of RM770 (for 2014 Bar Council Annual

Subscription of RM450, 2014 Bar Council Building Fund of RM100, 2014 Bar Council Legal Aid Fund of RM100, 2014 Bar Council Sports Fund of RM20, and 2014 Bar Council LawCare Fund of RM100); and

(d) In favour of Bar Council in the sum of RM450 if penalty payment is due. Bar Council also accepts payment via: (a) Internet banking (www.cimbclicks.com.my)

Access www.cimbclicks.com.my and log in with your user ID and password to make payment online.

(b) Direct Access Malaysian Bar Credit Card (Visa/MasterCard)

Complete the Direct Access Malaysian Bar Credit Card Payment Authorisation Letter and submit it by fax to 03-2050 2133 or by email to finance@malaysianbar.org.my.

http://www.praktis.com.my/http://www.cimbclicks.com.my/http://www.cimbclicks.com.my/http://www.malaysianbar.org.my/index.php?option=com_docman&task=doc_details&gid=4503

3

For more details about making payment and for the Direct Access Malaysian Bar Credit Card Payment Authorisation Letter, kindly refer to Circular No 088/2014 dated 14 Apr 2014. For enquiries on payment, kindly call 03-2050 2050, press (3) for the Finance and Accounts Department and press (1) again.

(3) Borang Permohonan Sijil Amalan Tahun 2015 (Application Form for Practising Certificate 2015), duly completed in capital letters (please refer to Attachment 2);

(4) Form of Application for Sijil Annual 2015, duly completed (please refer to Attachment 3);

In the form, each Member is required to indicate: (a) the actual address where he or she is practising at (at the section of the form that

specifies State the address/es at which you practise or intend to practise); and (b) all address(es) of the other offices of the firm, if applicable (at the section of the form

that specifies And at branch office/s). We urge all Members to provide us with their handphone number(s) and email address(es) to enable the Bar Council to update its membership database and so that Members will not miss out on urgent SMS notifications and e-circulars.

(5) State Bar Committee Certificates for:

(a) main office; and (b) branch office(s) (only applicable to sole proprietor/partner with branch office(s)); confirming that there are no arrears in subscription(s) for 2014. Where a firm has offices in more than one state, the sole proprietor/all partners of that firm must be a member of all the State Bar Committees where the offices are located, and is/are required to submit the certificates confirming that there are no arrears in subscriptions.

(6) Statutory Declaration by:

(a) sole proprietor/partner (please refer to Attachment 4); or (b) legal assistant/consultant (please refer to Attachment 5); declaring, inter alia, the following salient items: (a) Personal details; (b) Nationality; (c) Details of current practice; (d) Details of gainful employment (if applicable); (e) Details of practice in other jurisdiction(s) (if applicable); (f) An undertaking not to commence practice in 2015 until the issuance of a valid Sijil

Annual and Practising Certificate 2015; and (g) Employment/unemployment history and, if sole proprietor/partner, details of client

account(s) maintained with reference to the scenarios listed below, as the case may be.

Please ensure that the Statutory Declaration is: (a) signed by the applicant; (b) affirmed in the presence of a Commissioner for Oaths; and (c) dated.

http://www.malaysianbar.org.my/index.php?option=com_docman&task=doc_details&gid=4503

4

Scenario 1 Renewal (Applicant is in possession of a valid Sijil Annual and Practising Certificate 2014, and is submitting an application for renewal) (i) The details of employment/unemployment history from 1 Jan 2013 until the

date of the Statutory Declaration; and (ii) If the applicant was a sole proprietor or partner during all or part of the year

of 2013: a declaration as to whether or not a client account was maintained from 1 Jan 2013; the details of the client account(s) opened and closed from 1 Jan 2013 to the date of the Statutory Declaration; and an undertaking to notify if there are any changes as provided by the Solicitors Account Rules 1990.

or Scenario 2 Resumption of Practice (Applicant ceased practice in 2014 or prior to the issuance of Sijil Annual and Practising Certificate 2014, and is submitting an application to resume practice) (i) The details of employment/unemployment history from 1 January of the year

preceding the year that the applicant was last issued with a valid Sijil Annual and Practising Certificate until the date of cessation of practice, and from the date of cessation of practice to the date of the Statutory Declaration; and

(ii) If the applicant was a sole proprietor or partner during all or part of the

abovementioned period, a declaration as to whether or not a client account was maintained, and the details of the client account(s) opened and closed.

or Scenario 3 Newly Admitted (Applicant is applying for the issuance of Sijil Annual and Practising Certificate for the first time) (i) The date of admission; and

(ii) Confirmation that the applicant was not in practice.

or

Scenario 4 Application After the Expiry of the Validity of Practising Certificate 2014 (Applicants Practising Certificate 2014 expired on 31 Dec 2014 pursuant to section 29(2) of the LPA, and the applicant is applying from 1 Jan 2015 for the issuance of Sijil Annual and Practising Certificate 2015) (i) The details of employment/unemployment from 1 Jan 2013 until 31 Dec

2014;

(ii) Confirmation that the applicant was not in practice since 1 Jan 2015; and

(iii) If the applicant was a sole proprietor or partner during all or part of the year of 2013: a declaration as to whether or not a client account was maintained from 1 Jan 2013; the details of the client account(s) opened and closed from 1

5

Jan 2013 to 31 Dec 2014; and an undertaking to notify if there are any changes as provided by the Solicitors Account Rules 1990.

(7) Accountants Report 2013 is applicable to Members who were sole proprietors/partners from

1 Jan to 31 Dec 2013, or any part thereof, and maintained client account(s) for:

(a) main office; and (b) branch office(s) (only applicable to sole proprietor/partner with branch office(s)).

Each sole proprietor/partner is to submit a copy of the Accountants Report for the period from 1 Jan to 31 Dec 2013 as an attachment to the Statutory Declaration in addition to the report sent in by the Accountant, unless exempted by the Bar Council under rule 6 of the Accountants Report Rules 1990. The Accountants Report is required to be issued under the name of individual Members. Members who have more than one office are required to ensure that the Accountants Report covers all their offices and/or branches or separate Accountants Reports are submitted for each and every office.

(8) Applicants who are applying for the issuance of Sijil Annual and Practising Certificate for the

first time must also submit the following documents:

(a) Two copies of the Order of Admission as an Advocate and Solicitor: (i) If extracted by way of e-filing, under the seal of the High Court of Malaya; or (ii) If not extracted by way of e-filing, certified true copy by the Registrar of the

High Court of Malaya; and (b) Copy of the official receipt of the RM200 admission fee paid to the Advocates and

Solicitors Disciplinary Board.

C Additional Documents to be Furnished

The following additional documents are to be furnished: (1) Anti-Money Laundering and Anti-Terrorism Financing Act 2001 Compliance Report for

Legal Firms Confirmation Form (please refer to Attachment 6) Bank Negara Malaysia (BNM), the competent authority under the Anti-Money Laundering and Anti-Terrorism Financing Act 2001 (AMLATFA), has sought Bar Councils assistance to urge all legal firms to complete and submit an AMLATFA Compliance Report on BNMs e-SURVEY portal on a yearly basis. The Compliance Report is firm-based and only requires a partner/managing partner/sole proprietor selected by the firm to make a submission on behalf of the entire firm on BNMs website. Legal assistants or consultants are not required to complete this form. Firms that commenced operation on or after 1 July 2014 are not required to complete and submit the AMLATFA Compliance Report. Should you have any enquiries, kindly contact Marianna Laureen Tan (03-2050 2086; ml.tan@malaysianbar.org.my) or Mohd Faizal Mahat (03-2050 2088).

mailto:ml.tan@malaysianbar.org.my

6

(2) Continuing Professional Development (CPD) Record Sheet

At the 66th Annual General Meeting of the Malaysian Bar held on 10 Mar 2012, a resolution regarding a mandatory Continuing Professional Development (CPD) Scheme for the Malaysian Bar was adopted. The CPD Scheme is implemented on a voluntary basis in the second 24-month cycle that commenced on 1 July 2014. Members who were in practice on 1 July 2012 (and who have not received exemption from the CPD Scheme on the basis of having 30 years of practice, being 75 years and above in age, or for medical grounds) are expected to have accumulated 16 CPD points by 30 June 2014. The CPD Record Sheet is an optional document to be furnished in your application for Sijil Annual and Practising Certificate. Members are advised to submit the CPD Record Sheet if they wish to claim CPD points for participating in CPD activities organised by external organisations. Please do not submit the CPD Record Sheet if Members have not accumulated any CPD points, or have only participated in CPD activities organised by the Bar Council and State Bar Committees, as the CPD Department has records of your attendance at these activities. The CPD Record Sheet is available for download at www.malaysianbar.org.my/cpd/?page_id=1864. The CPD Guidelines are available at www.malaysianbar.org.my/cpd/wp-content/uploads/2013/08/CPD-Scheme-CPD-Guidelines_V4-20-06-2014.pdf.

Should you have any enquiries, kindly contact the CPD Department by telephone at 03-2050 2111 or by email at cpd@malaysianbar.org.my. D Collection Letters The Track Your Firms Sijil Annual and Practising Certificate Online feature on the Malaysian Bar website was introduced on 1 Sept 2011, to assist firms with the collection process. The feature will enable an authorised representative of a firm to access the following information:

(1) Whether the Sijil Annual and Practising Certificate 2015 of each of the firms practitioners is

ready for collection; (2) For firms in Kuala Lumpur or Selangor, whether the Sijil Annual and Practising Certificate

2015 of each of the practitioners has been collected by the authorised representative; and (3) For firms in states other than Labuan, Kuala Lumpur or Selangor, whether the Sijil Annual

and Practising Certificate 2015 of each of the firms practitioners has been sent by the Bar Council Secretariat to the respective State Bar Committees.

To date, 1,357 firms have been issued with user identification login (user ID) and password to access this feature. (1) The Bar Council Secretariat will send a collection letter (Collection Letter) to each firm

when the Practising Certificates of the firms practitioners are ready for collection. (2) An authorised representative (Authorised Collector) of the firm is required to bring along

an authorisation letter from the firm evidencing that the person is authorised to collect the Practising Certificate(s), together with the Collection Letter. Upon presentation of proof of identification, the Practising Certificate(s) will be released to the Authorised Collector.

(3) Practising Certificate(s) will not be released to any individual Member unless the Member is

the Authorised Collector.

http://www.malaysianbar.org.my/cpd/?page_id=1864http://www.malaysianbar.org.my/cpd/wp-content/uploads/2013/08/CPD-Scheme-CPD-Guidelines_V4-20-06-2014.pdfhttp://www.malaysianbar.org.my/cpd/wp-content/uploads/2013/08/CPD-Scheme-CPD-Guidelines_V4-20-06-2014.pdfmailto:cpd@malaysianbar.org.my

7

For more details, please refer to Circular No 155/2012 dated 19 July 2012. Should you have any enquiries, kindly contact Hemalatha Subramaniam (03-2050 2167) or Sree Gayithiri Maruthuvellu (03-2050 2164), or send an email to membership@malaysianbar.org.my. E Disciplinary Proceedings Members are reminded that those who wish to cease practice, either on a permanent or temporary basis, are required to notify the Bar Council in accordance with section 31(2) of the LPA, and to comply with the Bar Councils Rules on Cessation of, or Change in, Practice (Rules). A Member will not be deemed to have ceased practice merely as a result of the expiration of the validity of the Members Practising Certificate 2014 on 31 Dec 2014 pursuant to section 29(2) of the LPA. A copy of the Rules and the relevant forms can be obtained from the Bar Council Secretariat or downloaded from the Malaysian Bar website (please refer to the Membership section under the Resources>Frequently Used Forms tab). The Bar Council will institute disciplinary proceedings after 31 Jan 2015 against Members who have not been issued with Sijil Annual and Practising Certificates 2015 by 31 Jan 2015, except against Members from whom the Bar Council has received a Notice of Cessation of Practice as an Advocate and Solicitor, supported with a Statutory Declaration as prescribed under the Rules. In the event that the Bar Council institutes injunction proceedings against a Member, any costs incurred by the Bar Council shall be borne by the Member concerned. F Section 29(3) of the LPA Section 29(3) of the LPA provides that if a Member has duly complied with section 29(1) of the LPA (relating to the application for Practising Certificates) in the month of January of any year, the practising certificate issued to him in respect of that year shall be deemed to have been in operation from the 1st day of January of that year. Members may appear in court and carry on with their legal practice in January 2015 even if they have not received their Practising Certificates 2015, provided they comply with section 29(3) of the LPA. The status of a Member who was in possession of a valid Sijil Annual and Practising Certificate 2014 but who is not issued with a valid Sijil Annual and Practising Certificate 2015 by 31 Jan 2015 will be changed from active to inactive in the Bar Councils database on 1 Feb 2015.

G Personal Information Provided to Bar Council The personal information that you provide to the Bar Council, whether now or in the future, may be used, recorded, stored, disclosed or otherwise processed by or on behalf of the Bar Council for the purposes of facilitating the issuance of your Sijil Annual and Practising Certificate, research and audit, and maintenance of a database relating to the membership of the Malaysian Bar, and such ancillary functions and services as may be relevant. H Bar Council Membership Department

For enquiries regarding your Sijil Annual and Practising Certificate application, kindly call 03-2050 2050, press (1) for the Membership Department and press (1) again.

Thank you. Richard Wee Thiam Seng Secretary Malaysian Bar

http://www.malaysianbar.org.my/index.php?option=com_docman&task=doc_details&gid=3785&Itemid=332tel:%2803-2050%202167tel:%2803-2050%202164mailto:membership@malaysianbar.org.myhttp://www.malaysianbar.org.my/forms.html

Name: Ref: BC/ / (as per NRIC) (Bar Council Membership No) Law Firm Name: _______________________________________________________________________________________

Page 1 of 5

ATTACHMENT 1

SA APPLICATION 2015 CHECKLIST

Please indicate your position:

Legal Assistant/Associate Partner Sole Proprietor Consultant Kindly arrange your documents in the order set out below, to expedite the processing of your application. Thank you for your cooperation.

No Applications are to be accompanied by the following documents:

Tick where applicable

For Bar Councils use

(1) SA Application 2015 Checklist, duly completed.

(2) Cheques, stapled on top of the Application Forms, if payments have not been made. Skip this item and complete the confirmation at the end of this checklist if the following payments have been made:

(a) In favour of Bar Council Compensation Fund

for the year 2015 in the sum of RM100;

(b) In favour of Bar Council Discipline Fund for the year 2015 in the sum of RM60;

(c) In favour of Bar Council in the sum of RM770

(for 2014 Bar Council Annual Subscription of RM450, 2014 Bar Council Building Fund of RM100, 2014 Bar Council Legal Aid Fund of RM100, 2014 Bar Council Sports Fund of RM20, and 2014 Bar Council LawCare Fund of RM100); and

(d) In favour of Bar Council in the sum of RM450

if penalty payment is due. The annual subscription of RM450 for 2014 was to be paid on or before 30 June 2014. In the event this payment was not made by 30 June 2014 and the Member was in practice from 1 Jan to 30 June 2014, or any part thereof, an additional penalty payment of RM450 has to be made pursuant to section 46(6) of the Legal Profession Act 1976.

CF

DF

SB BF LAC SF LC

Penalty

CF

DF

SB BF LAC SF LC

Penalty

(3) Borang Permohonan Sijil Amalan Tahun 2015 (Application Form for Practising Certificate 2015), duly completed in capital letters.

(4) Form of Application for Sijil Annual 2015, duly completed.

Name: Ref: BC/ / (as per NRIC) (Bar Council Membership No) Law Firm Name: _______________________________________________________________________________________

Page 2 of 5

In the form, each Member is required to indicate: (a) the actual address where he or she is practising at

(at the section of the form that specifies State the address/es at which you practise or intend to practise);

(b) all address(es) of the other offices of the firm, if applicable (at the section of the form that specifies And at branch office/s); and

(c) details of handphone number(s) and email address(es).

(5) State Bar Committee Certificates for: (a) main office; and (b) branch office(s) (only applicable to sole

proprietor/partner with branch office(s)); confirming that there are no arrears in subscription(s) for 2014. Where a firm has offices in more than one state, the sole proprietor/all partners of that firm must be a member of all the State Bar Committees where the offices are located, and is/are required to submit the certificates confirming that there are no arrears in subscriptions.

Main Branch

Main Branch

(6) Statutory Declaration by: (a) sole proprietor/partner; or (b) legal assistant/consultant; declaring, inter alia, the following salient points: (a) Personal details; (b) Nationality; (c) Details of current practice; (d) Details of gainful employment (if applicable); (e) Details of practice in other jurisdiction(s) (if

applicable); (f) An undertaking not to commence practice in 2015

until the issuance of a valid Sijil Annual and Practising Certificate 2015; and

(g) Employment/unemployment history and, if sole proprietor/partner, details of client account(s) maintained with reference to the scenarios listed below, as the case may be.

Please ensure that the Statutory Declaration is: (a) signed by the applicant; (b) affirmed in the presence of a Commissioner for

Oaths; and (c) dated.

Name: Ref: BC/ / (as per NRIC) (Bar Council Membership No) Law Firm Name: _______________________________________________________________________________________

Page 3 of 5

Scenario 1 Renewal (Applicant is in possession of a valid Sijil Annual and Practising Certificate 2014, and is submitting an application for renewal) (i) The details of employment/unemployment

history from 1 Jan 2013 until the date of the Statutory Declaration; and

(ii) If the applicant was a sole proprietor or

partner during all or part of the year of 2013: a declaration as to whether or not a client account was maintained from 1 Jan 2013; the details of the client account(s) opened and closed from 1 Jan 2013 to the date of the Statutory Declaration; and an undertaking to notify if there are any changes as provided by the Solicitors Account Rules 1990.

or Scenario 2 Resumption of Practice (Applicant ceased practice in 2014 or prior to the issuance of Sijil Annual and Practising Certificate 2014, and is submitting an application to resume practice) (i) The details of employment/unemployment

history from 1 January of the year preceding the year that the applicant was last issued with a valid Sijil Annual and Practising Certificate until the date of cessation of practice, and from the date of cessation of practice to the date of the Statutory Declaration; and

(ii) If the applicant was a sole proprietor or

partner during all or part of the abovementioned period, a declaration as to whether or not a client account was maintained, and the details of the client account(s) opened and closed.

or

Scenario 3 Newly Admitted (Applicant is applying for the issuance of Sijil Annual and Practising Certificate for the first time) (i) The date of admission; and

(ii) Confirmation that the applicant was not in practice.

or

Name: Ref: BC/ / (as per NRIC) (Bar Council Membership No) Law Firm Name: _______________________________________________________________________________________

Page 4 of 5

Scenario 4 Application After the Expiry of the Validity of Practising Certificate 2014 (Applicants Practising Certificate 2014 has expired on 31 Dec 2014 pursuant to section 29(2) of the Legal Profession Act 1976, and the applicant is applying from 1 Jan 2015 for the issuance of Sijil Annual and Practising Certificate 2015) (i) The details of employment/unemployment

from 1 Jan 2013 until 31 Dec 2014; (ii) Confirmation that the applicant was not in

practice since 1 Jan 2015; and (iii) If the applicant was a sole proprietor or

partner during all or part of the year of 2013: a declaration as to whether or not a client account was maintained from 1 Jan 2013; the details of the client account(s) opened and closed from 1 Jan 2013 to 31 Dec 2014; and an undertaking to notify if there are any changes as provided by the Solicitors Account Rules 1990.

(7) Accountants Report 2013 is applicable to Members who were sole proprietors/partners from 1 Jan to 31 Dec 2013, or any part thereof, and maintained client account(s) for: (a) main office; and (b) branch office(s) (only applicable to sole

proprietor/partner with branch office(s)).

Each sole proprietor/partner is to submit a copy of the Accountants Report for the period from 1 Jan to 31 Dec 2013 as an attachment to the Statutory Declaration in addition to the report sent in by the Accountant, unless exempted by the Bar Council under rule 6 of the Accountants Report Rules 1990. The Accountants Report is required to be issued under the name of individual Members. Members who have more than one office are required to ensure that the Accountants Report covers all their offices and/or branches or separate Accountants Reports are submitted for each and every office.

Main

Branch(es)

Main

Branch(es)

Name: Ref: BC/ / (as per NRIC) (Bar Council Membership No) Law Firm Name: _______________________________________________________________________________________

Page 5 of 5

(8) Applicants applying for the issuance of Sijil Annual and Practising Certificate for the first time: (a) Two copies of the Order of Admission as an

Advocate and Solicitor: (i) If extracted by way of e-filing, under the

seal of the High Court of Malaya; or (ii) If not extracted by way of e-filing,

certified true copy by the Registrar of the High Court of Malaya; and

(b) Copy of the official receipt of the RM200 admission fee paid to the Advocates and Solicitors Disciplinary Board.

(9) Anti-Money Laundering and Anti-Terrorism Financing Act 2001 Compliance Report for Legal Firms Confirmation Form, duly completed.

(10) CPD Record Sheet, duly completed.

I confirm that I have: (1) made the following payments:

(a) 2014 Bar Council Annual Subscription RM450 (b) 2014 Bar Council Building Fund RM100 (c) 2014 Bar Council Legal Aid Fund RM100 (d) 2014 Bar Council Sports Fund RM 20 (e) 2014 Bar Council LawCare Fund RM100 (f) 2015 Bar Council Compensation Fund RM100 (g) 2015 Bar Council Discipline Fund RM 60 (h) Penalty pursuant to section 46(6) RM450 of the Legal Profession Act 1976 (if applicable)

SB BF LAC SF LC CF DF Penalty

SB BF LAC SF LC CF DF Penalty

(2) obtained the Professional Indemnity Insurance Cover for 1 Jan to 31 Dec 2015 from Jardine Lloyd Thompson Sdn Bhd.

(Seperti dalam Kad Pengenalan)

BORANG PERMOHONAN SIJIL AMALAN TAHUN 2015 (MEMPERBAHARUI / PERTAMA KALI*)

BUTIR-BUTIR PEMOHON

a) Nama Penuh: b) No. Kad Pengenalan: (Baru) - - (Lama) c) Kewarganegaraan: d) Keturunan: e) No. Pasport (Jika bukan warganegara Malaysia): f) Alamat Rumah: g) No. Telefon: -

KELAYAKAN AKADEMIK

a) Kelulusan (Diploma/Ijazah*): b) Institusi:

PERINTAH PENERIMAAN MASUK SEBAGAI PEGUAMBELA & PEGUAMCARA

a) No. Petisyen: b) Tarikh Diterima Masuk: c) Nama Mahkamah Tinggi:

PERKHIDMATAN

a) No. Siri Sijil Tahunan Majlis Peguam: BC/ b) Nama Firma: c) Alamat Firma: d) No. Telefon: - No. Faks: - e) Status Perkhidmatan (Bekerja sendiri/Rakan kongsi/Penasihat/Makan gaji*): f) Nama-nama rakan kongsi atau peguam yang beramal di bawah/bersama* anda: Saya mengaku bahawa butir-butir di atas adalah benar dan betul. Tarikh: Tandatangan Pemohon

PERHATIAN: Semua maklumat hendaklah diisi dengan LENGKAP dengan HURUF BESAR. *Potong mana yang TIDAK berkenaan.

KEPADA PEGUAM YANG MEMBUAT PERMOHONAN UNTUK PERTAMA KALI: Sila sertakan dokumen-dokumen berikut: i) Sijil Tahunan (Sijil Annual) asal yang dikeluarkan oleh Majlis Peguam; ii) 2 salinan Perintah penerimaan masuk asal yang diakui sah; atau 2 salinan Perintah Penerimaan yang dimuat turun dan dicetak dari E-Filing; dan iii) Salinan resit bayaran-bayaran yang dikenakan di bawah Sek 28(3) dan 29(1)(c) di bawah Akta Profesion Undang-Undang 1976.

Ref: BC/ / (Bar Council Membership No)

LEGAL PROFESSION ACT 1976

ADVOCATES AND SOLICITORS (ISSUE OF SIJIL ANNUAL) RULES 1978

FORM OF APPLICATION FOR SIJIL ANNUAL 2015 (To be returned to the Bar Council by 15-09-2014)

Complete full name and particulars

) )

I, ... Sex : .... (NRIC No: [Old] ) .. (Date of Birth) . (NRIC No: [New] ) ... an advocate and solicitor

Delete as appropriate

)

practising/intend to practise

Delete as appropriate & complete the name under which you practise or intend to practise

) ) ) ) )

as a partner in the name of Messrs ...... ... as a sole proprietor in the name of Messrs ..... ... as a legal assistant/associate in the name of Messrs ... ...

State the address/es at which you practise or intend to practise

) ) )

Tel No (Off)... Fax No (Off)... E-mail Address (Off) .....

Home Address ... Tel No (House) Handphone No .. E-mail Address (Personal) ....

I shall notify the Bar Council if I intend during the year 2015 to maintain an office or branch office in any other place or places in Malaysia. And I hereby declare* that I (a) have not at any time been declared a bankrupt. (b) have not been convicted in Malaysia or elsewhere of a criminal offence which would render me

unfit to be a member of my profession, and in particular, but not limited to, an offence involving fraud or dishonesty.

* Those who have been declared a bankrupt or convicted in the preceding year, please give particulars for perusal of the Bar Council.

And at branch office/s.. as a consultant at .....

I hereby apply for the Sijil Annual in order to enable me to obtain a practising certificate in respect of the year 2015 and I enclose herewith the following documents:- 1. *accountants report in respect of the period 1.1.2013 to 31.12.2013 in the form prescribed under

the Accountants Report Rules 1990/evidence that I fall within the provisions of rule 6(2) of the Accountants Report Rules 1990;

2. statutory declaration containing particulars of clients account/s (including branch office/s)

pursuant to rule 13 of the Solicitors Account Rules 1990. Specimen attached; 3. a certificate for 2015 issued by the broker appointed by the Bar Council pursuant to the Legal

Profession (Professional Liability) (Insurance) Rules 1992 that I am insured under the Master Policy;

4. the sum of **one hundred ringgit only being my contribution to the Bar Council Compensation

Fund in respect of the year 2015 in accordance with Section 80(2) of the Legal Profession Act, 1976;

5. the sum of sixty ringgit only being my contribution to the Bar Council Discipline Fund in respect

of the year 2015 in accordance with Section 103H of the Legal Profession Act 1976; 6. receipts from the Bar Council in respect of my subscription and contribution to the various Funds

for the year 2014; 7. certificate/s from the .. Bar Committee/s in respect

of my subscription/s for the year 2014. Please issue to me the Sijil Annual within twenty one (21) days of receipt of this Application Form. I shall ensure that I am in possession of a Sijil Annual / Practising Certificate at all times especially when pupils are undergoing pupillage. Should I at anytime for whatever reason not have a Sijil Annual / Practising Certificate, I shall inform my pupil accordingly to enable him to make the necessary arrangements to continue his pupillage with another master. I shall comply with all requirements set out in the Solicitors Account Rules 1990, Solicitors Account (Deposit Interest) Rules 1990 and the Accountants Report Rules 1990. I shall ensure that if I have more than one office I will keep separate books of accounts and ensure that the accountants report covers all offices and/or branch offices or have separate reports for each office/branch. Consequently I shall be responsible for producing clean accountants reports for all my offices and that it is not acceptable for me to say that I am the partner in charge of the office of one town and have nothing to do with the branch office in another town. Dated: Signed: Advocate & Solicitor * Delete where inapplicable ** Half the amount if Practising Certificate is to be valid for less than six months

ATTACHMENT 4

GUIDELINES FOR PREPARING STATUTORY DECLARATION BY SOLE PROPRIETOR/PARTNER

Sole Proprietor/Partner (1) If you are a Malaysian, please provide your name and details as per your Malaysian

identity card. If you are not a Malaysian, please provide details of your nationality and passport number.

(2) Please provide details of your current status and place of practice. (3) If you are gainfully employed elsewhere, please provide details of employment and

position held. If you are not gainfully employed elsewhere, please confirm the same. (4) If you are in practice as an advocate and/or as a solicitor in any jurisdiction other than

in West Malaysia, please provide details and contact particulars of the place(s) of practice and position(s).

(5) Please provide an undertaking not to commence practice in 2015 until the issuance of

a valid Sijil Annual and Practising Certificate 2015. (6) Please provide details of your employment/unemployment history with reference to

the scenarios listed below, as the case may be: Scenario 1 Renewal (You are in possession of a valid Sijil Annual and Practising Certificate 2014, and are submitting an application for renewal) (a) The details of employment/unemployment history from 1 Jan 2013 until the

date of the Statutory Declaration. or Scenario 2 Resumption of Practice (You ceased practice in 2014 or prior to the issuance of Sijil Annual and Practising Certificate 2014, and are submitting an application to resume practice) (a) The details of employment/unemployment history from 1 January of the

year preceding the year that you were last issued with a valid Sijil Annual and Practising Certificate until the date of cessation of practice, and from the date of cessation of practice to the date of the Statutory Declaration.

or Scenario 3 Newly Admitted (You are applying for the issuance of Sijil Annual and Practising Certificate for the first time) (a) The date of admission; and (b) Confirmation that you were not in practice. or

Scenario 4 Application After the Expiry of the Validity of Practising Certificate 2014 (Your Practising Certificate 2014 expired on 31 Dec 2014 pursuant to section 29(2) of the Legal Profession Act 1976, and you are applying from 1 Jan 2015 for the issuance of Sijil Annual and Practising Certificate 2015) (a) The details of employment/unemployment from 1 Jan 2013 until 31 Dec

2014; and (b) Confirmation that you were not in practice since 1 Jan 2015.

(7) If you practised as a sole proprietor or partner under the same name and style for the accounting period from 1 Jan to 31 Dec 2013, or any part thereof (hereinafter referred to as Accounting Period), pursuant to rule 13 of the Solicitors Account Rules 1990 you must affirm a Statutory Declaration declaring that during the Accounting Period you maintained the client account(s) listed in your Accountants Report and thereafter proceed to list any additional client account(s) maintained from 1 Jan 2014 to the date of the Statutory Declaration. Please exhibit a copy of the Accountants Report(s) (for ALL the offices).

In the event that you did not maintain any client account(s) during the Accounting Period or any part thereof and/or thereafter from 1 Jan 2014 to the date of the Statutory Declaration, kindly state so.

(8) In the event a client account is only opened/closed in the current year or the number

of the account has changed, please detail the facts in the Statutory Declaration as prescribed in the form appearing hereafter.

(9) If you practised under more than one name and style (eg as a sole proprietor and then

in partnership, or in more than one partnership) during the Accounting Period, please list the details of ALL client account(s) maintained by EACH of the firms in your Statutory Declaration.

(10) If you were a legal assistant during the entire Accounting Period but have since set

up practice either as a sole proprietor or in partnership, please narrate in your Statutory Declaration that you were employed as a legal assistant during the entire Accounting Period until the date of change in your status of practice from being a legal assistant until the date of the Statutory Declaration (kindly refer to the suggested format of Statutory Declaration for Legal Assistant in Attachment 5), and also provide a list of ALL client account(s) currently maintained by your practice.

(11) If your firm had more than one branch during the Accounting Period, you are

required to exhibit the Accountants Report(s) which lists the client account(s) maintained by ALL branches of the firm.

(12) Please provide an undertaking that you would notify the Bar Council if there are any

changes in the client account(s) as provided under rule 13 of the Solicitors Account Rules 1990.

(13) Please ensure that the Statutory Declaration is:

(a) signed; (b) affirmed in the presence of a Commissioner for Oaths; and (c) dated.

FORM OF STATUTORY DECLARATION [FOR SOLE PROPRIETOR/PARTNER]

I, ________________________________________ (NRIC No _____________________), am a citizen of Malaysia* or a citizen of _____________ (Passport No ________________) and an Advocate and Solicitor of the High Court of Malaya. I do solemnly affirm and declare as follows:- 1. I am practising as a *sole proprietor/partner under the name of:-

Messrs at (please specify place of your practice) and hereby undertake that I shall not practise in 2015 until I have been issued with a valid Sijil Annual and Practising Certificate for 2015 in accordance with the provisions in Part III of the Legal Profession Act 1976.

2. I am not gainfully employed elsewhere or *I am gainfully employed at ________________

(please specify details of place of employment and position held). 3. I am practising as an advocate and solicitor only in West Malaysia or *I am practising as an

advocate and solicitor in West Malaysia as well as the following other jurisdictions:- Place Name and Address of Practice Position 4. I was practising as a *sole proprietor/partner under the name of Messrs

_______________________ during the period between 1 January 2013 to 31 December 2013 (Accounting Period). *I did not maintain any client account during the Accounting Period/* from ______ to ______ / I maintained the client account(s) as listed in my Accountants Report(s) exhibited hereto.

5. I was/am practising as a *sole proprietor/partner under the name of Messrs

_____________________ from 1 January 2014 until the date of this Statutory Declaration.* I did not maintain any client account from ______ to ______ / I maintained the client account and currently maintain *the same client account(s) mentioned in paragraph 4 above and/the additional client account(s) as follows:

NAME OF BANK(S) ADDRESS ACCOUNT NO REMARKS XYZ Bank Berhad 10, Jalan Melaka, KL 56565-898988 opened on 1.6.2014 NIL NIL . NIL .. .NIL (if no additional client account/s maintained) 6. I undertake to notify the Bar Council in writing of any changes in my client account(s) above

as provided under rule 13 of the Solicitors Account Rules 1990. And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declaration Act 1960. Affirmed by the said __________________ ) at _________________________________ ) ______ day of ____________ 2014/2015*)

Before me, Commissioner for Oaths

NOTE *Delete where inapplicable In the event of any changes in your practice during the current year, kindly provide details of such changes. Please make the necessary amendments to this suggested format of Statutory Declaration in accordance with your applicable scenario detailed in the Guidelines provided.

ATTACHMENT 5

GUIDELINES FOR PREPARING STATUTORY DECLARATION BY LEGAL ASSISTANT/CONSULTANT

Legal Assistant/Consultant

(1) If you are a Malaysian, please provide your name and details as per your Malaysian

identity card. If you are not a Malaysian, please provide details of your nationality and passport number.

(2) Please provide details of your current status and place of practice.

(3) If you are gainfully employed elsewhere, please provide details of employment and

position held. If you are not gainfully employed elsewhere, please confirm the same.

(4) If you are in practice as an advocate and/or as a solicitor in any jurisdiction other than in West Malaysia, please provide details and contact particulars of the place(s) of practice and position(s).

(5) Please provide an undertaking not to commence practice in 2015 until the issuance of

a valid Sijil Annual and Practising Certificate 2015.

(6) Please provide details of your employment/unemployment history with reference to the scenarios listed below, as the case may be:

Scenario 1 Renewal (You are in possession of a valid Sijil Annual and Practising Certificate 2014, and are submitting an application for renewal)

(a) The details of employment/unemployment history from 1 Jan 2013 until the

date of the Statutory Declaration.

or

Scenario 2 Resumption of Practice (You ceased practice in 2014 or prior to the issuance of Sijil Annual and Practising Certificate 2014, and are submitting an application to resume practice)

(a) The details of employment/unemployment history from 1 January of the

year preceding the year that you were last issued with a valid Sijil Annual and Practising Certificate until the date of cessation of practice, and from the date of cessation of practice to the date of the Statutory Declaration.

or

Scenario 3 Newly Admitted (You are applying for the issuance of Sijil Annual and Practising Certificate for the first time)

(a) The date of admission; and

(b) Confirmation that you were not in practice.

or

Scenario 4 Application After the Expiry of the Validity of Practising Certificate 2014 (Your Practising Certificate 2014 expired on 31 Dec 2014 pursuant to section 29(2) of the Legal Profession Act 1976, and you are applying from 1 Jan 2015 for the issuance of Sijil Annual and Practising Certificate 2015)

(a) The details of employment/unemployment from 1 Jan 2013 until 31 Dec

2014; and (b) Confirmation that you were not in practice from 1 Jan 2015.

(7) If you were a legal assistant/consultant during the accounting period from 1 Jan to 31 Dec 2013, or any part thereof, (hereinafter referred to as Accounting Period) and are still employed as a legal assistant/consultant, you are to state the same in your Statutory Declaration (see the Form of Statutory Declaration for Legal Assistant/Consultant appearing hereafter).

(8) If you were a legal assistant/consultant during the Accounting Period but have since

set up practice either as a sole proprietor or in partnership, please narrate in your Statutory Declaration that you were employed as a legal assistant during the Accounting Period until the date of change in your status of practice from being a legal assistant to the date of the Statutory Declaration (kindly refer to the suggested format of Statutory Declaration for Sole Proprietor/Partner in Attachment 4), and also provide a list of ALL client account(s) currently maintained by your practice.

(9) If you practised as a sole proprietor or in partnership for any period of time during

the Accounting Period, but are now employed as a legal assistant/consultant, you should refer to Attachment 4 and exhibit the relevant Accountants Report(s) in your Statutory Declaration listing ALL client account(s) maintained by EACH of the firms in which you practised as a sole proprietor or partner during the Accounting Period.

Kindly amend Attachment 4 to reflect the period during which you practised as a legal assistant until the current status.

(10) Please ensure that the Statutory Declaration is:

(a) signed; (b) affirmed in the presence of a Commissioner for Oaths; and (c) dated.

FORM OF STATUTORY DECLARATION [FOR LEGAL ASSISTANT/CONSULTANT]

I, _________________________________________ (NRIC No _______________________), am a citizen of Malaysia* or a citizen of _________________ (Passport No ______________) and an Advocate and Solicitor of the High Court of Malaya. I do hereby solemnly affirm and declare as follows:-

1. I am practising as a *legal assistant/consultant in Messrs (state current employment)___________ at (please specify place of your practice) _______________________and hereby undertake that I shall not practise in 2015 until I have been issued with a valid Sijil Annual and Practising Certificate for 2015 in accordance with the provisions in Part III of the Legal Profession Act 1976.

2. I am not gainfully employed elsewhere or *I am gainfully employed at _________________ (please specify details of place of employment and position held).

3. I am practising as an advocate and solicitor only in West Malaysia or *I am practising as an advocate and solicitor in West Malaysia as well as the following other jurisdictions:- Place Name and Address of Practice Position

4. During the period 1 January 2013 to __________ 2013, I was employed as a *legal assistant/consultant in Messrs ___________________.

5. From ___________ 2013 to __________ 2013, I was not employed (if unemployed at any

time during 2013). 6. From ___________ 2013 to 31 December 2013, I was employed as a *legal

assistant/consultant in Messrs ______________________. 7. From 1 January 2014 to the date of this Statutory Declaration I was/am employed as a *legal

assistant/consultant in Messrs ____________________.

[NB: Please list your employment/unemployment history for the year of 2013 and thereafter until the date of this Statutory Declaration. If you practised in more than one firm during such period, please state all the firm names and the period during which you were practising thereat. If you were called to the Bar after the Accounting Period, please state the date of admission and your period of unemployment until you joined a legal firm. Please note that there should be no gaps in the narration of your employment/unemployment history.] And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declaration Act 1960. Affirmed by the said ___________ ) at ______________________ the ) ____ day of _________ 2014/2015*)

Before me, Commissioner for Oaths

NOTE *Delete where inapplicable In the event of any changes in your practice during the current year, kindly provide details of such changes. Please make the necessary amendments to this suggested format of Statutory Declaration in accordance with your applicable scenario detailed in the Guidelines provided.

ATTACHMENT 6

ANTI-MONEY LAUNDERING AND ANTI-TERRORISM FINANCING ACT 2001 COMPLIANCE REPORT FOR LEGAL FIRMS CONFIRMATION FORM

Bank Negara Malaysia (BNM), the competent authority under the Anti-Money Laundering and Anti-Terrorism Financing Act 2001 (AMLATFA), has sought Bar Councils assistance to urge all legal firms to submit a Compliance Report online via BNMs e-SURVEY portal on a yearly basis. The Compliance Report is firm-based and only requires a partner/managing partner/sole proprietor selected by the firm to make one submission on behalf of the entire firm on BNMs website.

Instructions to Complete the e-Survey If your firm had submitted the Compliance Report online during the 2012/2013 Sijil Annual renewal exercise, then you may proceed to access BNMs e-SURVEY* portal at esurvey.bnm.gov.my using the same username and password to log in to submit the Compliance Report for 2014. If you have forgotten the username and/or password, please send an email to fied@bnm.gov.my.

(1) If your law firm did not submit the Compliance Report online during the 2012/2013 renewal exercise, please request a username and password by sending an email to fied@bnm.gov.my.

(2) When sending an email to fied@bnm.gov.my, please state the Subject as Lawyers SAQ 2014

[insert name of Law Firm here]. BNM will respond to your email with the username and password, and a guide to complete and submit the Compliance Report.

* BNMs e-SURVEY portal is accessible from 15 Aug 2014.

Important Note: This attachment:

MUST be completed by a firms partner/managing partner/sole proprietor together with his/her Sijil Annual renewal documents submission, or latest by 31 Dec 2014;

is NOT applicable to legal assistants or consultants; and is NOT applicable for new firms that commenced operation on/after 1 July 2014.

Firms are strongly urged to comply with this BNM requirement by completing the Compliance Report online to ensure compliance with AMLATFA. Failure to comply could lead to BNM imposing more intrusive directives on all law firms, including legal penalties for non-compliance.

CONFIRMATION

I, _________________________________ (NRIC No_______________________), an advocate and solicitor of the High Court of Malaya practising as a partner/sole proprietor of Messrs _____________________________________________________________ do confirm that:

My firm has submitted the AMLATFA Compliance Report via BNM website on _______________ 2014 [date of online submission] by ________________________ [name of partner/sole proprietor who approved the online submission]

My firm has not completed the AMLATFA Compliance Report on BNM website

.. SIGNATURE

http://esurvey.bnm.gov.my/mailto:fied@bnm.gov.mymailto:fied@bnm.gov.mymailto:fied@bnm.gov.my

To Members of the Malaysian BarSijil Annual 2015

SA Application 2015 Checklist (Attachment 1).pdfStatutory Declaration by:

Application Form for Practising Certificate 2015 (Attachment 2).pdfBORANG PERMOHONAN SIJIL AMALAN TAHUN 2015(MEMPERBAHARUI / PERTAMA KALI*)BUTIR-BUTIR PEMOHONKELAYAKAN AKADEMIKPERINTAH PENERIMAAN MASUK SEBAGAI PEGUAMBELA & PEGUAMCARAPERKHIDMATANSaya mengaku bahawa butir-butir di atas adalah benar dan betul.

Statutory Declaration by Sole Proprietor or Partner (Attachment 4).pdfNAME OF BANK(S) ADDRESS ACCOUNT NO REMARKS

AMLATFA Compliance Report for Legal Firms Confirmation Form (Attachment 6).pdfCONFIRMATION