Malaysia-Practising without a Practising Certificate after 31 Dec 2017

Practising without a Practising Certificate after 31 Dec 2017





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Circular No 296/2017
Dated 22 Dec 2017

To Members of the Malaysian Bar
Practising without a Practising Certificate after 31 Dec 2017
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.
(A) Application for Sijil Annual and Practising Certificate 2018
We refer to Circular No 190/2017 dated 27 Aug 2017 entitled "Sijil Annual 2018", where we provided Members with detailed information regarding the new Sijil Annual and Practising Certificate ("SAPC") online application process.  All applications for SAPC can only be made online
Members who wish to continue their practice but have yet to submit their SAPC 2018 applications are reminded to take immediate steps to submit their applications online.
Members who have been notified that their SAPC 2018 applications are not in order are advised to regularise their applications on an urgent basis by providing (online) the information or documents requested, to enable the Bar Council Secretariat to complete the processing of their applications expeditiously.
(B) Practising after 31 Dec 2017
Section 29(3) of the Legal Profession Act 1976 ("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 2018, provided they comply with section 29(3) of the LPA.  
The status of a Member who was in possession of a valid SAPC 2017 but who has not received his / her Practising Certificate 2018 on or before 31 Jan 2018 will be changed from "active" to "inactive" in the Bar Council's database on 1 Feb 2018.  The Member's name will not be displayed on the Malaysian Bar website from 1 Feb 2018 until the Member receives his / her Practising Certificate 2018. 
Since 31 Jan 2018 is a public holiday, we urge all Members to submit or regularise their applications online well in advance of this date, in order to give sufficient time to the Secretariat to process the applications.
(C) Cessation of Practice
Members 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 2017 on 31 Dec 2017 pursuant to section 29(2) of the LPA.
(D) Disciplinary Proceedings
The Bar Council will institute disciplinary proceedings after 31 Jan 2018 against Members who have not been issued with SAPC 2018 by 31 Jan 2018, 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 2018 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.
(E) Contact the Bar Council Membership Department
For enquiries relating to your SAPC 2018 application, kindly contact the Membership Department by telephone at 03-2050 2191, or send an email to membership@malaysianbar.org.my.
Thank you.
Roger Chan Weng Keng
Secretary
Malaysian Bar

This circular may also be accessed here.





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