Ensure the following payments have been made:

Transcription

1 Circular No 197/2015 Dated 9 Sept 2015 To Members of the Malaysian Bar Sijil Annual 2016 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 2016 and the Application Form for Practising Certificate 2016 (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 Committees (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: Ensure the following payments have been made: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) 2015 Bar Council Annual Subscription: RM450; 2015 Bar Council Building Fund: RM250; 2015 Bar Council Legal Aid Fund: RM100; 2015 Bar Council Sports Fund: RM20; 2015 Bar Council LawCare Fund: RM100; 2016 Bar Council Compensation Fund: RM100; 2016 Bar Council Discipline Fund: RM60; and Penalty pursuant to section 46(6) of the LPA (if applicable): RM450. The annual subscription of RM450 for 2015 was to be paid on or before 30 June In the event this payment was not made by 30 June 2015 and the Member was in practice from 1 Jan to 30 June 2015, or any part thereof, an additional penalty payment of RM450 has to be made pursuant to section 46(6) of the LPA. Obtain the Professional Indemnity Insurance Cover 2016 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. 1

2 Please contact JLT directly for all enquiries pertaining to Professional Indemnity Insurance at: Jardine Lloyd Thompson Sdn Bhd Suite th Floor Faber Imperial Court 21A Jalan Sultan Ismail Kuala Lumpur Tel: (dedicated for Malaysian Bar) / (Main) Fax: Please take note that Members are no longer required to forward the receipts for the payments in item A(1) and the Professional Indemnity Insurance Schedule 2016 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 2016 Checklist, not later than 16 Oct 2015 (Friday). (3) If a Member were to change his or her firm after submission of the Application Forms but prior to the issuance of his or her Sijil Annual and Practising Certificate 2016, a fresh set of Application Forms should be submitted. B Documents to be Submitted for Application for Sijil Annual and Practising Certificate 2016 The following documents are to be submitted for the application for Sijil Annual and Practising Certificate 2016: (1) SA Application 2016 Checklist, duly completed (please refer to Attachment 1); (2) Cheques for the payments stated in A(1), only if the payments have not been made: (c) (d) In favour of Bar Council Compensation Fund for the year 2016 in the sum of RM100; In favour of Bar Council Discipline Fund for the year 2016 in the sum of RM60; In favour of Bar Council in the sum of RM920 (for 2015 Bar Council Annual Subscription of RM450, 2015 Bar Council Building Fund of RM250, 2015 Bar Council Legal Aid Fund of RM100, 2015 Bar Council Sports Fund of RM20, and 2015 Bar Council LawCare Fund of RM100); and In favour of Bar Council in the sum of RM450, if the penalty payment is due. Bar Council also accepts payment via: Internet banking ( Access and log in with your user ID and password to make payment online. CIMB Bank Malaysian Bar Credit Card (Visa/MasterCard) Complete the CIMB Bank Malaysian Bar Credit Card Payment Authorisation Letter and submit it by fax to or by to finance@malaysianbar.org.my. For more details about making payment and for the CIMB Bank Malaysian Bar Credit Card Payment Authorisation Letter, kindly refer to Circular No 096/2015 dated 12 May

3 For enquiries on payment, please contact the Finance Department by telephone at or by at (3) Borang Permohonan Sijil Amalan Tahun 2016 (Application Form for Practising Certificate 2016), duly completed in capital letters (please refer to Attachment 2); (4) Form of Application for Sijil Annual 2016, duly completed (please refer to Attachment 3); In the form, each Member is required to indicate: 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 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 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: main office; and branch office(s) (only applicable to sole proprietor/partner with branch office(s)); confirming that there are no arrears in subscription(s) for 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: sole proprietor/partner (please refer to Attachment 4); or legal assistant/consultant (please refer to Attachment 5); declaring, inter alia, the following salient items: (c) (d) (e) (f) (g) Personal details; Nationality; Details of current practice; Details of gainful employment (if applicable); Details of practice in other jurisdiction(s) (if applicable); An undertaking not to commence practice in 2016 until the issuance of a valid Sijil Annual and Practising Certificate 2016; and 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: (c) signed by the applicant; affirmed in the presence of a Commissioner for Oaths; and dated. Scenario 1 Renewal (Applicant is in possession of a valid Sijil Annual and Practising Certificate 2015, and is submitting an application for renewal) 3

4 (i) (ii) The details of employment/unemployment history from 1 Jan 2014 until the date of the Statutory Declaration; and If the applicant was a sole proprietor or partner during all or part of the year of 2014: a declaration as to whether or not a client account was maintained from 1 Jan 2014; the details of the client account(s) opened and closed from 1 Jan 2014 to the date of the Statutory Declaration; and an undertaking to notify if there are any changes as provided by the Solicitors Account Rules or Scenario 2 Resumption of Practice (Applicant ceased practice in 2015 or prior to the issuance of Sijil Annual and Practising Certificate 2015, and is submitting an application to resume practice) (i) (ii) 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 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) (ii) The date of admission; and Confirmation that the applicant was not in practice. or Scenario 4 Application After the Expiry of the Validity of Practising Certificate 2015 (Applicant s Practising Certificate 2015 expired on 31 Dec 2015 pursuant to section 29(2) of the LPA, and the applicant is applying from 1 Jan 2016 for the issuance of Sijil Annual and Practising Certificate 2016) (i) The details of employment/unemployment from 1 Jan 2014 until 31 Dec 2015; (ii) Confirmation that the applicant was not in practice since 1 Jan 2016; and If the applicant was a sole proprietor or partner during all or part of the year of 2014: a declaration as to whether or not a client account was maintained from 1 Jan 2014; the details of the client account(s) opened and closed from 1 Jan 2014 to 31 Dec 2015; and an undertaking to notify if there are any changes as provided by the Solicitors Account Rules

5 (7) Accountant s Report 2014 is applicable to Members who were sole proprietors/partners from 1 Jan to 31 Dec 2014, or any part thereof, and maintained client account(s) for: main office; and 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 2014 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 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: 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 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 Counter Financing of Terrorism ( AML/CFT ) Compliance Survey 2015 Part 1 (please refer to Attachment 6) Bank Negara Malaysia ( BNM ) s AML/CFT Compliance Survey 2015 is aimed at monitoring reporting institutions ( RIs ) level of awareness of, and compliance with, the AML/CFT requirements issued by BNM. Unlike previous years, the survey exercise has now been simplified and enhanced to improve the ease of completion and submission by law firms. Part 1 of the survey aims to establish how many of the law firms in Peninsular Malaysia have lawyers who are RIs under the Anti-Money Laundering and Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 ( AMLA ). All law firms are required to complete and submit this survey form to the Bar Council when applying for or renewing the Sijil Annual and Practising Certificate Each law firm is only required to complete and submit one form. Part 2 of the survey will subsequently be distributed by BNM to law firms that have lawyers that are RIs under AMLA. Should you have any enquiries when completing the AML/CFT Compliance Survey, please send an to fied@bnm.gov.my, or contact Ahmad Farhan Sharifuddin or Alia Nabilah Azman by telephone at (ext 8493 and ext 8152, respectively). 5

6 (2) Continuing Professional Development Record Sheet At the 66 th 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. At the 68 th Annual General Meeting of the Malaysian Bar held on 15 Mar 2014, a motion to fix an effective date for the implementation of the mandatory CPD Scheme was rejected. The CPD Scheme therefore continues on a voluntary basis. The voluntary CPD Scheme was then implemented for a second 24-month cycle that commenced on 1 July Members who were in practice on 1 July 2014 (and who have not received an exemption from the CPD Scheme on the basis of having 30 years of legal practice or being 75 years and above in age, or on medical grounds) are encouraged to accumulate 16 CPD points by 30 June The CPD Record Sheet is an optional document to be furnished in your application for Sijil Annual and Practising Certificate You are advised to submit the CPD Record Sheet if you wish to claim CPD points for participating in CPD activities organised by external organisations. Please do not submit the CPD Record Sheet if you 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 The CPD Guidelines are available at Should you have any enquiries, kindly contact the CPD Department by telephone at or by at cpd@malaysianbar.org.my. (3) Areas of Practice Form (please refer to Attachment 7) Members are encouraged to return the Areas of Practice Form by selecting not more than five of their current key practice areas, to enable the Bar Council to set up a database relating to Members areas of practice. The information compiled by the BC will be useful in, for example, determining relevant topics for CPD events for Members. Members are requested to rank their five key practice areas according to priority, with 1 indicating the highest significance, and 5 indicating the lowest significance. D Collection of Sijil Annual and Practising Certificates 2016 (1) The Track Your Firm s Sijil Annual and Practising Certificate Online feature on the Malaysian Bar website was introduced on 1 Sept 2011, 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: Whether the Sijil Annual and Practising Certificate 2016 of each of the firm s practitioners is ready for collection; For firms in Kuala Lumpur or Selangor, whether the Sijil Annual and Practising Certificate 2016 of each of the firm s practitioners has been collected by the authorised representative; and 6

7 (c) For firms in states other than Labuan, Kuala Lumpur or Selangor, whether the Sijil Annual and Practising Certificate 2016 of each of the firm s practitioners has been sent by the Bar Council Secretariat to the respective State Bar Committees. (2) The Bar Council Secretariat will send a collection letter ( Collection Letter ) to each firm when the Sijil Annual and Practising Certificates 2016 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) 2016, together with the Collection Letter. Upon presentation of proof of identification, the Sijil Annual and Practising Certificate(s) 2016 will be released to the Authorised Collector. Sijil Annual and Practising Certificate(s) 2016 will not be released to any individual Member unless the Member is the Authorised Collector. E Online Self-Service Portal for Law Firms As part of the Bar Council s ongoing initiative to improve and upgrade our services, we are creating an online self-service portal for law firms. The online portal for law firms will enable the authorised representative of each firm to update the contact information of the firm. The Bar Council sent letters dated 10 Aug 2015, addressed to the Managing Partners of all firms, requesting each firm to provide particulars of its authorised representative, who will receive (by ) the user identification login ( user ID ) and password to access the online portal. The same user ID and password used by a firm s authorised representative to access the Track Your Firm s Sijil Annual and Practising Certificate Online feature (referred to in section D(1) above), may be used by the authorised representative to access the online portal through the Malaysian Bar website at The Bar Council will issue a circular to announce the launch of the online portal for law firms, which is expected to take place by the end of Should you have any enquiries about this online self-service portal, please contact Mohd Esman Basri ( ) or Ruhil Amal Abdul Razak ( ), or send an to onlineportal@malaysianbar.org.my. F 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 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 2015 on 31 Dec 2015 pursuant to section 29(2) of the LPA. The Bar Council will institute disciplinary proceedings after 31 Jan 2016 against Members who have not been issued with Sijil Annual and Practising Certificates 2016 by 31 Jan 2016, 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. 7

8 For sole proprietors who do not have a valid Sijil Annual and Practising Certificate 2016 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 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 1 st day of January of that year. Members may appear in court and carry on with their law practice in January 2016 even if they have not received their Practising Certificates 2016, 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 2015, but who is not issued with a valid Sijil Annual and Practising Certificate 2016 by 31 Jan 2016, will be changed from active to inactive in the Bar Council s database on 1 Feb H 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. I Bar Council Membership Department For enquiries regarding your Sijil Annual and Practising Certificate 2016 application, kindly contact the Membership Department by telephone at Thank you. Karen Cheah Yee Lynn Secretary Malaysian Bar 8

9 Name: Ref: BC/ / (as per NRIC) (Bar Council Membership No) Law Firm Name: ATTACHMENT 1 SA APPLICATION 2016 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 Council s use (1) SA Application 2016 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: In favour of Bar Council Compensation Fund for the year 2016 in the sum of RM100; CF CF In favour of Bar Council Discipline Fund for the year 2016 in the sum of RM60; DF DF (c) In favour of Bar Council in the sum of RM920 (for 2015 Bar Council Annual Subscription of RM450, 2015 Bar Council Building Fund of RM250, 2015 Bar Council Legal Aid Fund of RM100, 2015 Bar Council Sports Fund of RM20, and 2015 Bar Council LawCare Fund of RM100); and SB BF LAC SF LC SB BF LAC SF LC (d) In favour of Bar Council in the sum of RM450, if the penalty payment is due. Penalty Penalty The annual subscription of RM450 for 2015 was to be paid on or before 30 June In the event this payment was not made by 30 June 2015 and the Member was in practice from 1 Jan to 30 June 2015, or any part thereof, an additional penalty payment of RM450 has to be made pursuant to section 46(6) of the Legal Profession Act (3) Borang Permohonan Sijil Amalan Tahun 2016 (Application Form for Practising Certificate 2016), duly completed in capital letters. (4) Form of Application for Sijil Annual 2016, duly completed. Page 1 of 5

10 Name: Ref: BC/ / (as per NRIC) (Bar Council Membership No) Law Firm Name: In the form, each Member is required to indicate: (c) 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 ); 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 details of handphone number(s) and address(es). (5) State Bar Committee Certificates for: main office; and branch office(s) (only applicable to sole proprietor/partner with branch office(s)); Main Branch Main Branch confirming that there are no arrears in subscription(s) for 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: sole proprietor/partner; or legal assistant/consultant; declaring, inter alia, the following salient points: (c) (d) (e) Personal details; Nationality; Details of current practice; Details of gainful employment (if applicable); Details of practice in other jurisdiction(s) (if applicable); (f) An undertaking not to commence practice in 2016 until the issuance of a valid Sijil Annual and Practising Certificate 2016; 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: signed by the applicant; affirmed in the presence of a Commissioner for Oaths; and (c) dated. Page 2 of 5

11 Name: Ref: BC/ / (as per NRIC) (Bar Council Membership No) Law Firm Name: Scenario 1 Renewal (Applicant is in possession of a valid Sijil Annual and Practising Certificate 2015, and is submitting an application for renewal) (i) (ii) The details of employment/unemployment history from 1 Jan 2014 until the date of the Statutory Declaration; and If the applicant was a sole proprietor or partner during all or part of the year of 2014: a declaration as to whether or not a client account was maintained from 1 Jan 2014; the details of the client account(s) opened and closed from 1 Jan 2014 to the date of the Statutory Declaration; and an undertaking to notify if there are any changes as provided by the Solicitors Account Rules or Scenario 2 Resumption of Practice (Applicant ceased practice in 2015 or prior to the issuance of Sijil Annual and Practising Certificate 2015, and is submitting an application to resume practice) (i) (ii) 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 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) (ii) The date of admission; and Confirmation that the applicant was not in practice. or Page 3 of 5

12 Name: Ref: BC/ / (as per NRIC) (Bar Council Membership No) Law Firm Name: Scenario 4 Application After the Expiry of the Validity of Practising Certificate 2015 (Applicant s Practising Certificate 2015 has expired on 31 Dec 2015 pursuant to section 29(2) of the Legal Profession Act 1976, and the applicant is applying from 1 Jan 2016 for the issuance of Sijil Annual and Practising Certificate 2016) (i) (ii) (iii) The details of employment/unemployment from 1 Jan 2014 until 31 Dec 2015; Confirmation that the applicant was not in practice since 1 Jan 2016; and If the applicant was a sole proprietor or partner during all or part of the year of 2014: a declaration as to whether or not a client account was maintained from 1 Jan 2014; the details of the client account(s) opened and closed from 1 Jan 2014 to 31 Dec 2015; and an undertaking to notify if there are any changes as provided by the Solicitors Account Rules (7) Accountant s Report 2014 is applicable to Members who were sole proprietors/partners from 1 Jan to 31 Dec 2014, or any part thereof, and maintained client account(s) for: main office; and 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 2014 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 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. Main Branch Main Branch Page 4 of 5

13 Name: Ref: BC/ / (as per NRIC) (Bar Council Membership No) Law Firm Name: (8) Applicants applying for the issuance of Sijil Annual and Practising Certificate for the first time: 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 Copy of the official receipt of the RM200 admission fee paid to the Advocates and Solicitors Disciplinary Board. (9) Anti-Money Laundering and Counter Financing of Terrorism ( AML/CFT ) Compliance Survey 2015 Part 1, duly completed. (10) CPD Record Sheet, duly completed. (11) Areas of Practice Form, duly completed. I confirm that I have: (1) made the following payments: 2015 Bar Council Annual Subscription RM Bar Council Building Fund RM250 (c) 2015 Bar Council Legal Aid Fund RM100 (d) 2015 Bar Council Sports Fund RM 20 (e) 2015 Bar Council LawCare Fund RM100 (f) 2016 Bar Council Compensation Fund RM100 (g) 2016 Bar Council Discipline Fund RM 60 (h) Penalty pursuant to section 46(6) RM450 of the Legal Profession Act 1976 (if applicable) (2) obtained the Professional Indemnity Insurance Cover for 1 Jan to 31 Dec 2016 from Jardine Lloyd Thompson Sdn Bhd. SB BF LAC SF LC CF DF Penalty SB BF LAC SF LC CF DF Penalty Page 5 of 5

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15 BORANG PERMOHONAN SIJIL AMALAN TAHUN 2016 (MEMPERBAHARUI / PERTAMA KALI*) 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 a) Nama Penuh: BUTIR-BUTIR PEMOHON (Seperti dalam Kad Pengenalan) b) No. Kad Pengenalan: (Baru) - - (Lama) c) Kewarganegaraan: d) Keturunan: e) No. Pasport (Jika bukan warganegara Malaysia): f) Alamat Rumah: g) No. Telefon: - a) Kelulusan (Diploma/Ijazah*): b) Institusi: KELAYAKAN AKADEMIK PERINTAH PENERIMAAN MASUK SEBAGAI PEGUAMBELA & PEGUAMCARA a) No. Petisyen: b) Tarikh Diterima Masuk: c) Nama Mahkamah Tinggi: a) No. Siri Sijil Tahunan Majlis Peguam: BC/ b) Nama Firma: c) Alamat Firma: PERKHIDMATAN 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

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17 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 2016 (To be returned to the Bar Council by ) 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 State the address/es at 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 Tel No (Off)... Fax No (Off)... Address (Off)... And at branch office/s.. as a consultant at..... Home Address... Tel No (House) Handphone No.. Address (Personal).... I shall notify the Bar Council if I intend during the year 2016 to maintain an office or branch office in any other place or places in Malaysia. And I hereby declare * that I have not at any time been declared a bankrupt. 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.

18 I hereby apply for the Sijil Annual in order to enable me to obtain a practising certificate in respect of the year 2016 and I enclose herewith the following documents:- 1. *accountant s report in respect of the period to in the form prescribed under the Accountant s Report Rules 1990/evidence that I fall within the provisions of rule 6(2) of the Accountant s Report Rules 1990; 2. statutory declaration containing particulars of client s account/s (including branch office/s) pursuant to rule 13 of the Solicitors Account Rules Specimen attached; 3. a certificate for 2016 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 2016 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 2016 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 2015; 7. certificate/s from the.. Bar Committee/s in respect of my subscription/s for the year 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 Accountant s Report Rules I shall ensure that if I have more than one office I will keep separate books of accounts and ensure that the accountant s report covers all offices and/or branch offices or have separate reports for each office/branch. Consequently I shall be responsible for producing clean accountant s 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

19 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 2016 until the issuance of a valid Sijil Annual and Practising Certificate (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 2015, and are submitting an application for renewal) The details of employment/unemployment history from 1 Jan 2014 until the date of the Statutory Declaration. or Scenario 2 Resumption of Practice (You ceased practice in 2015 or prior to the issuance of Sijil Annual and Practising Certificate 2015, and are submitting an application to resume practice) 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) The date of admission; and Confirmation that you were not in practice. or

20 Scenario 4 Application After the Expiry of the Validity of Practising Certificate 2015 (Your Practising Certificate 2015 expired on 31 Dec 2015 pursuant to section 29(2) of the Legal Profession Act 1976, and you are applying from 1 Jan 2016 for the issuance of Sijil Annual and Practising Certificate 2016) The details of employment/unemployment from 1 Jan 2014 until 31 Dec 2015; and Confirmation that you were not in practice since 1 Jan (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 2014, 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 Accountant s Report and thereafter proceed to list any additional client account(s) maintained from 1 Jan 2015 to the date of the Statutory Declaration. Please exhibit a copy of the Accountant s 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 2015 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 Accountant s 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 (13) Please ensure that the Statutory Declaration is: signed; affirmed in the presence of a Commissioner for Oaths; and (c) dated.

21 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 2016 until I have been issued with a valid Sijil Annual and Practising Certificate for 2016 in accordance with the provisions in Part III of the Legal Profession Act 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 2014 to 31 December 2014 ( 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 Accountant s Report(s) exhibited hereto. 5. I was/am practising as a *sole proprietor/partner under the name of Messrs from 1 January 2015 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 opened on 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 And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declaration Act Affirmed by the said ) at ) day of 2015/2016*) 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.

22 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 2016 until the issuance of a valid Sijil Annual and Practising Certificate (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 2015, and are submitting an application for renewal) The details of employment/unemployment history from 1 Jan 2014 until the date of the Statutory Declaration. or Scenario 2 Resumption of Practice (You ceased practice in 2015 or prior to the issuance of Sijil Annual and Practising Certificate 2015, and are submitting an application to resume practice) 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) The date of admission; and Confirmation that you were not in practice. or

23 Scenario 4 Application After the Expiry of the Validity of Practising Certificate 2015 (Your Practising Certificate 2015 expired on 31 Dec 2015 pursuant to section 29(2) of the Legal Profession Act 1976, and you are applying from 1 Jan 2016 for the issuance of Sijil Annual and Practising Certificate 2016) The details of employment/unemployment from 1 Jan 2014 until 31 Dec 2015; and Confirmation that you were not in practice from 1 Jan (7) If you were a legal assistant/consultant during the accounting period from 1 Jan to 31 Dec 2014, 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 Accountant s 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: signed; affirmed in the presence of a Commissioner for Oaths; and (c) dated.

24 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 2016 until I have been issued with a valid Sijil Annual and Practising Certificate for 2016 in accordance with the provisions in Part III of the Legal Profession Act 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 2014 to 2014, I was employed as a *legal assistant/consultant in Messrs. 5. From 2014 to 2014, I was not employed (if unemployed at any time during 2014). 6. From 2014 to 31 December 2014, I was employed as a *legal assistant/consultant in Messrs. 7. From 1 January 2015 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 2014 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 Affirmed by the said ) at the ) day of 2015/2016*) 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.

25 ATTACHMENT 6 Anti-Money Laundering and Counter Financing of Terrorism ( AML/CFT ) Compliance Survey 2015 Part 1 Objective: The AML/CFT Compliance Survey 2015 is aimed at monitoring reporting institutions ( RIs ) level of awareness and compliance to the AML/CFT requirements issued by Bank Negara Malaysia ( BNM ). Unlike previous years, the survey exercise has now been simplified and enhanced to improve the ease of completion and submission by legal firms. Part 1 of the survey aims to establish how many of the legal firms in Peninsular Malaysia have lawyers who are RIs under the Anti-Money Laundering and Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 ( AMLA ). All legal firms are required to complete and submit this survey form to the Bar Council when applying for or renewing the Sijil Annual and Practising Certificate. Each legal firm is only required to complete and submit one form. Part 2 of the survey will subsequently be distributed by BNM to legal firms that have lawyers that are RIs under AMLA. With respect to lawyers, Reporting Institutions are Advocates and solicitors as defined in the Legal Profession Act 1976 and persons admitted as advocates pursuant to the Advocate Ordinance Sabah 1953 and Advocates Ordinance Sarawak 1953, when they prepare or carry out the following activities [collectively referred to as the Gazetted Activities ( GAs )] for their clients. For a brief description of the GAs, please refer to items a. to e. in the table below.* Source: Section 3, First Schedule of the AMLA and Paragraph 5.1 of the AML/CFT Policy Document for Designated Non-Financial Businesses and Professions and Other Non-Financial Sectors COMPLIANCE SURVEY PART 1 Do you have any lawyers in your firm who are RIs under AMLA? Please mark (X) in the relevant box below: Yes, we have a total of lawyers in our legal firm, of which carry out GAs for their clients. If Yes, please mark (X) to indicate which GAs* the lawyers in your firm are involved in: a. Buy and sell immovable property; b. Manage accounts, including savings and securities accounts; c. Manage client s money, securities or other property; d. Organise contributions for the creation, operation or management of the companies; or e. Create, operate or manage legal entities or arrangements and buy and sell business entities. No, the lawyers in our legal firm do not carry out any of the five GAs, as listed above. DECLARATION AND SIGNATURE I confirm that the information contained in this form is true and correct to the best of my knowledge. SIGN HERE Full name Date Designation Name of Firm Address Contact No. Should you have any enquiries when completing this AML/CFT Compliance Survey, please send an to fied@bnm.gov.my, or contact Ahmad Farhan Sharifuddin or Alia Nabilah Azman by telephone at (ext and ext. 8152, respectively).