Malaysia legislation
Section 74
Section 74
(a)
is an undischarged bankrupt or a bankruptcy order is in force against him;
(b)
has entered into a composition with his creditors or a deed of arrangement for the benefit of his creditors;
(c)
has had an order of committal or an order for the issue of a writ of attachment made against him; or
(d)
is a mentally disordered person as defined under the
Mental Health Act 2001 [Act 615], and the Majlis Peguam Syarie has reasonable cause to believe that in consequence of the act, default or disability of the Peguam
Syarie or his employee—
(i)
there has been undue delay in connection with any matter in which the Peguam Syarie or his firm has been instructed on behalf of a client on any matter which relates to the administration of a trust of which the Peguam Syarie is the sole trustee or co-trustee with one or more of his partner or employee; or
(ii)
any sum of money due from the Peguam Syarie or his firm to his clients or held by him or his firm on behalf of his clients, or subject to any trust of which he is the sole trustee or co-trustee with one or more of his partner or employee, are in jeopardy while in the control or possession of that Peguam Syarie or his firm, the provision of the Third Schedule to the Act except paragraph 10
shall apply to the Peguam Syarie.
(2)
The Majlis Peguam Syarie may, for the purposes of paragraph 9
of the Third Schedule to the Act take copies of, or extract from, documents which relate to any matter referred to in subparagraph (1)(i)
or to any sum of money referred to in subparagraph (1)(ii) or to that matter or sum of money, as the case may be, and to other matters in the practice of the Peguam Syarie.
56
Act 814
(3)
In this section, the words “trust” and “trustee” have the same meaning as in subsection 65(4).
Personal representative liable for acts of deceased Peguam
Syarie