Malaysia legislation
Section 70
Section 70
Annual general meeting of State Bar
(1A)
The State Bar Committee shall cause to be prepared and presented to the annual general meeting—
(a)
a report on the activities of the State Bar during its term of office; and
(b)
proper accounts, duly audited, of all funds, property and assets of the State Bar for the twelve months ending on the 31 December immediately preceding such annual general meeting.
(1B)
Notice of an annual general meeting of the State Bar shall be sent to members of the State Bar, in such manner as the State Bar
Committee may determine, not less than fourteen days before the date of the meeting:
Provided that the period of not less than fourteen days shall not apply in the case of an annual general meeting that is adjourned pursuant to subsection (2B).
(2)
At every annual general meeting, the Chairman of the State Bar
Committee shall preside and in his absence, the most senior member present who is willing to preside shall preside.
(2A)
The quorum for an annual general meeting shall be five percent of the total number of members of the State Bar as at the date of the notice of the meeting; and no business shall be transacted at an annual general meeting unless a quorum is present when the meeting proceeds to business.
(2B)
If a quorum referred to in subsection (2A) is not present within one hour from the time appointed for holding the meeting, it shall be
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adjourned to the following day at the same time and place unless otherwise notified to members by the State Bar Committee in the notice convening the original meeting; and if at such adjourned annual general meeting the quorum is not present within one hour from the time appointed for holding the adjourned meeting, the members present shall constitute the quorum.
(2C)
If any member desires to propose any motion to be considered at an annual general meeting convened under this section, he shall, not less than seven days before the date first appointed for holding the meeting, serve on the Secretary of the State Bar a notice of such motion in writing.
(3)
At every annual general meeting, every member present shall have one vote and where there is an equality of votes, the presiding member shall have a casting vote.
(4)
The meeting shall elect from among the members of the State
Bar a Chairman and not less than four but not more than ten members to form the State Bar Committee.
(5)
The Chairman and the members of the committee so elected shall hold office until the conclusion of the next annual general meeting of the State Bar.
(6)
Every State Bar Committee shall appoint a Secretary who shall be a Member of the State Bar.
(7)
After the election of the State Bar Committee members the meeting shall elect one member of the State Bar (who need not be a member of the State Bar Committee) to represent the State Bar on the
Bar Council:
Provided that where the Chairman of the State Bar Committee elected pursuant to subsection (4) is also the current President or Vice-President of the Malaysian Bar, the meeting shall elect two members instead of one to represent the State Bar on the Bar Council.
(7A)
If for any reason a member elected under subsection (4) or (7)
vacates office, the State Bar Committee shall appoint another member
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of the State Bar to take his place and the member so appointed shall hold office for the remainder of the term of office of the member he replaces.
(8)
The Chairman of the State Bar Committee shall inform the
Registrar and the Secretary of the Malaysian Bar the names of the persons elected and appointed as Chairman, members and Secretary respectively of the State Bar Committee and of the person or persons elected as representative or representatives of the State Bar on the Bar
Council.
(9)
(Deleted by Act A1269).
Extraordinary General Meeting of State Bar
*70A. (1) Every State Bar Committee may convene a general meeting of the State Bar other than the annual general meeting at any time the State Bar Committee considers it necessary or expedient; and such meeting shall be known as an extraordinary general meeting.
(2)
The quorum for an extraordinary general meeting convened under this section shall be five percent of the total number of members of the State Bar as at the date of the notice convening the meeting; and no business shall be transacted at any extraordinary general meeting unless a quorum is present when the meeting proceeds to business.
(3)
Any ten members of the State Bar or two percent of the members of the State Bar whichever shall be the greater may at any time requisition an extraordinary general meeting by written notice in that behalf signed by them and served on the Chairman or the Secretary of the State Bar Committee and the State Bar Committee shall convene an extraordinary general meeting to be held within thirty days of such service.
(4)
The written notice shall specify the object or objects of the proposed meeting.
*NOTE—see subsections 17(1) –
of the Legal Profession (Amendment) Act 2006 [Act A1269].
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(5)
If the State Bar Committee fails to convene an extraordinary general meeting in accordance with the requisition within thirty days of the service of such requisition, the requisitioning members may convene the extraordinary general meeting within sixty days of such service.
(6)
Any extraordinary general meeting convened under this section shall be dissolved if a quorum is not present within an hour from the time appointed for holding the meeting.
(7)
At every extraordinary general meeting every member present shall have one vote and where there is an equality of votes, the
Chairman of that meeting shall have a casting vote.
(8)
If any member of the State Bar desires to propose any motion to be considered at an extraordinary general meeting convened under this section, he shall, not less than seven days before the date of the meeting, serve on the Secretary of the State Bar a notice of such motion in writing.
Severance of combined Bar