Circular No 221/2017
Dated 9 Oct 2017

To Members of the Malaysian Bar

Update on Imposition by Local Authorities of Requirement of Licences for Premises and/or Signboards (9 Oct 2017)

We refer to Circular No 080/2017 dated 13 Apr 2017, entitled “Update on Imposition by Local Authorities of Requirement of Licences for Premises and/or Signboards (13 April 2017)”.

The Bar Council maintains its position that law firms are regulated under the Legal Profession Act 1976 and the Legal Profession (Publicity) Rules 2001, and that there is no requirement for law firms to make payment to their local council for any licences for their premises and/or signboards.

The Bar Council has notified Dewan Bandaraya Kuala Lumpur (“DBKL”) and Majlis Bandaraya Shah Alam (“MBSA”) of its position that law firms are regulated under the Legal Profession Act 1976 and the Legal Profession (Publicity) Rules 2001, and do not come within the definition of “trade, business or industry” under the Local Government Act 1976, and as such there is no requirement for law firms to apply for licences for their premises or signboards.

By letter dated 4 Jan 2017, the Bar Council requested that DBKL rescind all the notices and/or summons that have been issued to law firms.  However, it appears that DBKL has been continuing its exercise of requiring law firms in Kuala Lumpur to apply for licences for their premises and signboards.

The Bar Council and a law firm in Kuala Lumpur filed an application for leave to apply for judicial review at the Kuala Lumpur High Court on 3 July 2017, to seek appropriate relief against the notices and summonses issued by DBKL in respect of its requirement for licences for premises.  Leave was granted on 25 Sept 2017.

Members who receive any notice or summons are advised to inform DBKL of the Bar Council’s position by referring to this Bar Council circular, and to request that DBKL rescind the notice or summons immediately.

For enquiries, or if Members encounter any difficulties in respect of this matter, please contact Malathi Mohan, Officer, by telephone at 03-2050 2150, or by email at malathi@malaysianbar.org.my.

Thank you.

Roger Chan Weng Keng
Secretary
Malaysian Bar