Circular No 207/2016
Dated 15 Sept 2016
To Members of the Malaysian Bar
Sijil Annual 2017
Pursuant to part III of the Legal Profession Act 1976 (“LPA”), Sijil Annual and Practising Certificate shall be renewed annually by every advocate and solicitor.
Members can obtain the Form of Application for Sijil Annual 2017 and the Application Form for Practising Certificate 2017 (hereinafter collectively referred to as the “Application Forms”) by the following means:
(1) Download the attachments that come with this circular;
(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 Committees (Members in Kuala Lumpur and Selangor may also collect their Application Forms from the Bar Council Secretariat).
Members are encouraged to utilise the Bar Council’s newly launched online self-service portal for law firms, to benefit from a simplified process of completing the required documents. Please refer to section A(1) below for details.
A General
(1) Availability of Pre-Filled Application Forms on the Online Self-Service Portal for Law Firms
The Bar Council’s recently launched online self-service portal for law firms, which is accessible through the Malaysian Bar website at www.malaysianbar.org.my, contains a feature that enables the authorised representatives of the law firms to complete certain fields of information and generate a copy of the Application Forms and Statutory Declaration for each of the law firm’s lawyers. The documents will be pre-filled with the lawyer’s details (based on information contained in the Bar Council’s membership database), thus simplifying the process of completing the forms.
The documents can then be printed, executed and submitted to the Bar Council along with the required supporting documents, to complete the application for Sijil Annual and Practising Certificate 2017.
This feature will be available only in instances of renewal, ie where a Member who is in active practice and possesses a valid Sijil Annual and Practising Certificate 2016 wishes to apply for Sijil Annual and Practising Certificate 2017.
For details on how to access the online portal for law firms, kindly refer to Circular No 190/2016 dated 24 Aug 2016, entitled “Online Self-Service Portal for Members and Law Firms”.
Should you have any enquiries about the online self-service portal, please contact Mohd Esman Basri by telephone at 03-2050 2168, or send an email to membership@malaysianbar.org.my.
(2) 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) 2016 Annual Subscription: RM450;
(ii) 2016 Building Fund (Levy): RM250;
(iii) 2016 Legal Aid Fund (Levy): RM100;
(iv) 2016 Sports Fund (Levy): RM20;
(v) 2016 LawCare Fund (Levy): RM100;
(vi) 2017 Compensation Fund (Contribution): RM100;
(vii) 2017 Discipline Fund (Prescribed Fee): RM60; and
(viii) Penalty pursuant to section 46(6) of the LPA (if applicable): RM450.
The annual subscription of RM450 for 2016 was to be paid on or before 30 June 2016. In the event this payment was not made by 30 June 2016 and the Member was in practice from 1 Jan to 30 June 2016, or any part thereof, an additional penalty payment of RM450 has to be made pursuant to section 46(6) of the LPA.
For details about making payment, kindly refer to Circular No 113/2016 dated 13 May 2016, entitled “2016 Malaysian Bar Payments Required Under the Legal Profession Act 1976”. For enquiries, please contact the Finance Department by telephone at 03-2050 2128 or by email at finance@malaysianbar.org.my.
(b) Obtain the Professional Indemnity Insurance Cover 2017 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 online process.
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 (general line)
Fax: 03-2723 3301
Email: mbar@jltasia.com
Please take note that Members are no longer required to forward the receipts for the payments in item A(2)(a) and the Professional Indemnity Insurance Schedule 2017 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.
(3) 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 2017 Checklist (please refer to Attachment 1), not later than 24 Oct 2016 (Monday).
(4) If a Member were to change his or her law firm after submission of the Application Forms but prior to the issuance of his or her Sijil Annual and Practising Certificate 2017, a fresh set of Application Forms should be submitted.
B Documents to be Submitted for Application for SijilAnnual and Practising Certificate 2017
The following documents are to be submitted for the application for SijilAnnual and Practising Certificate 2017:
(1) SA Application 2017 Checklist, duly completed (please refer to Attachment 1);
(2) One single cheque made payable to “Malaysian Bar” for the payments stated in A(2)(a), where applicable. Kindly ensure that the Member’s name and Bar Council membership number are clearly written on the reverse side of the cheque.
Bar Council also accepts payment via direct deposit or Internet banking (such as Interbank Giro Transfer) to:
Bank Name: HSBC Bank Malaysia Berhad
Account Name: Malaysian Bar
Account No: 105-723142-101
Bank Address: No. 2, Leboh Ampang, 50100 Kuala Lumpur
Swift Code: HBMBMYKL
For details about making payment, kindly refer to Circular No 113/2016 dated 13 May 2016, entitled “2016 Malaysian Bar Payments Required Under the Legal Profession Act 1976”. For enquiries, please contact the Finance Department by telephone at 03-2050 2128 or by email at finance@malaysianbar.org.my.
(3) Borang Permohonan Sijil Amalan Tahun 2017 (Application Form for Practising Certificate 2017), duly completed in capital letters (please refer to Attachment 2);
(4) Form of Application for Sijil Annual 2017, duly completed (please refer to Attachment 3);
In the form, each Member is required to indicate:
(a) the actual address at which he or she is practising (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 individual (direct) email address(es) (to which all Bar Council email correspondence will be sent), to enable us to update our membership database, and so that Members will not miss out on urgent notifications that are sent by SMS and email.
(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 2016.
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;
(c) Details of gainful employment (if applicable);
(d) Details of practice in other jurisdiction(s) (if applicable);
(e) An undertaking not to commence practice in 2017 until the issuance of a valid Sijil Annual and Practising Certificate 2017; and
(f) 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.
Scenario 1 — Renewal
(Applicant is in possession of a valid Sijil Annual and Practising Certificate 2016, and is submitting an application for renewal)
(i) The details of employment/unemployment history from 1 Jan 2015 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 2015: a declaration as to whether or not a client account was maintained from 1 Jan 2015; the details of the client account(s) opened and closed from 1 Jan 2015 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 2016 or prior to the issuance of Sijil Annual and Practising Certificate 2016, 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 2016
(Applicant’s Practising Certificate 2016 expired on 31 Dec 2016 pursuant to section 29(2) of the LPA, and the applicant is applying from 1 Jan 2017 for the issuance of Sijil Annual and Practising Certificate 2017)
(i) The details of employment/unemployment from 1 Jan 2015 until 31 Dec 2016;
(ii) Confirmation that the applicant was not in practice since 1 Jan 2017; and
(iii) If the applicant was a sole proprietor or partner during all or part of the year of 2015: a declaration as to whether or not a client account was maintained from 1 Jan 2015; the details of the client account(s) opened and closed from 1 Jan 2015 to 31 Dec 2016; and an undertaking to notify if there are any changes as provided by the Solicitors’ Account Rules 1990.
(7) Accountant’s Report 2015, which applies to Members who were sole proprietors/partners from 1 Jan to 31 Dec 2015, 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 Accountant’s Report for the period from 1 Jan to 31 Dec 2015 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 Accountant’s Report Rules 1990.
The Accountant’s 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 Accountant’s Report covers all their offices and/or branches, or separate Accountant’s 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 Collection of Sijil Annual and Practising Certificates 2017
(1) The “Track Your Firm’s Sijil Annual and Practising Certificate Online” feature, located within the online self-service portal for law firms on the Malaysian Bar website, was introduced to assist firms with the process of collection of Sijil Annual and Practising Certificates.
The feature enables an authorised representative of a firm to access the following information:
(a) Whether the Sijil Annual and Practising Certificate 2017 of each of the firm’s practitioners is ready for collection;
(b) For firms in Kuala Lumpur or Selangor, whether the Sijil Annual and Practising Certificate 2017 of each of the firm’s practitioners has been collected by the authorised representative; and
(c) For firms in states other than Labuan, Kuala Lumpur or Selangor, whether the Sijil Annual and Practising Certificate 2017 of each of the firm’s practitioners has been sent by the Bar Council Secretariat to the respective State Bar Committees.
For more information regarding the online self-service portal, please refer to section G below.
(2) The Bar Council Secretariat will send a collection letter (“Collection Letter”) to each firm when the Sijil Annual and Practising Certificates 2017 of the firm’s practitioners are ready for collection.
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 Sijil Annual and Practising Certificate(s) 2017, together with the Collection Letter. Upon presentation of proof of identification, the Sijil Annual and Practising Certificate(s) 2017 will be released to the Authorised Collector.
Sijil Annual and Practising Certificate(s) 2017 will not be released to any individual Member unless the Member is the Authorised Collector.
D Practising after 31 Dec 2016
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 law practice in January 2017 even if they have not received their Practising Certificates 2017, 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 2016 but who is not issued with a valid Sijil Annual and Practising Certificate 2017 by 31 Jan 2017, will be changed from “active” to “inactive” in the Bar Council’s database on 1 Feb 2017.
E Cessation of Practice
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 Council’s Rules on Cessation of, or Change in, Practice (“Rules”). 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).
A Member will not be deemed to have ceased practice merely as a result of the expiration of the validity of the Member’s Practising Certificate 2016 on 31 Dec 2016 pursuant to section 29(2) of the LPA.
F Disciplinary Proceedings
The Bar Council will institute disciplinary proceedings after 31 Jan 2017 against Members who have not been issued with Sijil Annual and Practising Certificates 2017 by 31 Jan 2017, except in respect of 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.
For sole proprietors who do not have a valid Sijil Annual and Practising Certificate 2017 and have not ceased practice, site inspections will be conducted and injunction proceedings will be instituted against sole proprietors whose firms are found to be in operation. 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.
G Online Self- Service Portal for Members and Law Firms
We are pleased to inform Members that, as part of the Bar Council’s ongoing initiative to improve and upgrade our services, we recently launched an online self-service portal for Members and law firms, which is accessible through the Malaysian Bar website at www.malaysianbar.org.my.
(1) The online portal for Members will permit Members who are registered users of the Malaysian Bar website to update their personal particulars; view and download their records for payments required under the Legal Profession Act 1976, and print receipts for the payments made; and check on the number of points accumulated under the Continuing Professional Development (“CPD”) Scheme.
Members may register as users of the Malaysian Bar website by completing the registration form available at www.malaysianbar.org.my/create-an-account.html, in order to access the online portal.
(2) The authorised representative of a law firm can access the online portal for law firms to update the law firm’s contact information; view the list of the law firm’s branches and lawyers; and check whether the Sijil Annual and Practising Certificate (“SA/PC”) of each of the law firm’s lawyers is ready for collection (please refer to section C above).
The authorised representative can also utilise this online portal to complete certain fields of information and generate a copy of the Application Forms and Statutory Declaration for each of the law firm’s lawyers. The documents will be pre-filled with the lawyer’s details (based on information contained in the Bar Council’s membership database), thus simplifying the process of completing the forms. Please refer to section A(1) above for more details.
For details on how to access the online portal, kindly refer to Circular No 190/2016 dated 24 Aug 2016, entitled “Online Self-Service Portal for Members and Law Firms”. Should you have any enquiries, please contact Mohd Esman Basri by telephone at 03-2050 2168, or send an email to membership@malaysianbar.org.my.
H LawCare Beneficiary/Trustee Nomination Form
In the event of a Member’s death, the sum of RM42,000 will be paid to the beneficiary, trustee or nominee duly nominated by the Member. Where a nomination has been made, payment is issued immediately upon receipt of funds from the insurer, which usually takes approximately two months from the date of notification. It is therefore extremely advantageous for Members to appoint a nominee, as it facilitates the process.
If no nomination has been made, the sum will be paid to either the executor or administrator of the deceased Member’s estate. Additional documents must be provided before payment can be made, and the claims process will take longer to complete in such circumstances.
Members who have not made a nomination, or wish to change their nomination, may do so by submitting the completed nomination form to the Bar Council (please refer to Attachment 6).
I 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.
J Bar Council Membership Department
For enquiries regarding your Sijil Annual and Practising Certificate 2017 application, kindly contact the Membership Department by telephone at 03-2050 2191, or send an email to membership@malaysianbar.org.my.
Thank you.
Karen Cheah Yee Lynn
Secretary
Malaysian Bar