Amendment Act · As enacted
Legal Profession (Amendment) Act 2025
Feedback & supportAmends the Legal Profession Act 1976Official textFrom Laws of Malaysia Online, unchanged
This Act may be cited as the Legal Profession (Amendment)
Act 2025.
This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette and the Minister may appoint different dates for the coming into operation of different provisions of this Act.
s 2Amendment of section 3
The Legal Profession Act 1976 [Act 166], which is referred to as the “principal Act” in this Act, is amended in section 3
by inserting after the definition of “legal officer” the following definitions:
‘ “limited liability law partnership” means a limited liability law partnership approved under section 40r and registered in accordance with the requirements of that section;
LEGAL PROFESSION (AMENDMENT) ACT 2025
“limited liability partnership” means a limited liability partnership registered under the Limited Liability Partnerships
Act 2012 [Act 743], and includes a limited liability partnership registered on conversion of a conventional partnership under the Limited Liability Partnerships Act 2012, but does not include a foreign limited liability partnership registered under the Limited Liability Partnerships Act 2012;’.
s 3New section 9a
The principal Act is amended by inserting after section 9 the following section:
“Accounts of the Board 9a. The accounts of the Board shall be audited annually by the Auditor General.”.
s 4Amendment of section 11
Subsection 11(1) of the principal Act is amended—
in paragraph (d), by substituting for the full stop at the end of the paragraph the words “; and”; and
by inserting after paragraph (d) the following paragraph:
“(e) has obtained an order under subsection 36(2).”.
s 5Amendment of section 15
Subsection 15(3) of the principal Act is amended—
in paragraph (f), by deleting the word “and” at the end of the paragraph;
in paragraph (g), by substituting for the full stop at the end of the paragraph the words “; and”; and
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by inserting after paragraph (g) the following paragraph:
“(h) a true copy of an order obtained under subsection 36(2).”.
s 6Amendment of section 30
Subsection 30(1) of the principal Act is amended—
in paragraph (a), by substituting for the words “or in partnership” the words “, in partnership or in limited liability law partnership”; and
in paragraph (b), by substituting for the words
“or a firm of advocates and solicitors” the words
“, a firm of advocates and solicitors or a limited liability law partnership”.
s 7Amendment of section 36
Section 36 of the principal Act is amended—
in subsection (2)—
by substituting for the words “at the commencement of the pupillage” the words “within thirty days from the commencement of the pupillage”;
by substituting for the words “or of the firm”
the words “or on behalf of the firm or the limited liability law partnership”; and
by substituting for paragraph (b) the following paragraph:
“(b) at the expiration of the period of three months from the date of the order, the pupil may appear—
in chambers in the High Court and in the subordinate courts, to conduct any cause or matter; and
before any Magistrate to conduct any cause, matter or trial.”; and
by inserting after subsection (2) the following subsection:
“(2a) Any application under subsection (2) after the expiry of thirty days from the commencement of the pupillage of the Master’s pupil shall not be permitted unless with the leave of court.”.
s 8Amendment of section 40a
Section 40a of the principal Act is amended by inserting after the definition of “international partnership” the following definition:
‘ “Malaysian law firm” means a sole proprietorship, a partnership or a limited liability law partnership which carries on the practice of advocates and solicitors under this Act;’.
s 9Amendment of section 40f
Subsection 40f(1) of the principal Act is amended by inserting after the words “a Malaysian law firm may apply jointly” the words “or by means of a limited liability law partnership formed pursuant to an arrangement between such foreign law firm and
Malaysian law firm”.
s 10Amendment of section 40o
Section 40o of the principal Act is amended by inserting after paragraph (h) the following paragraph:
“(ha) the manner and means by which a limited liability law partnership may be formed for the purposes of an international partnership;”.
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s 11New Part IVb
The principal Act is amended by inserting after section 40o the following part:
“Part IVb
LIMITED LIABILITY LAW PARTNERSHIPS
Interpretation 40p. In this Part, unless the context otherwise requires—
“compliance officer” means a compliance officer appointed under section 27 of the Limited Liability Partnerships
Act 2012;
“limited liability partnership agreement” has the meaning assigned to it in the Limited Liability Partnerships Act 2012;
“Registrar” has the meaning assigned to it in the Limited
Liability Partnerships Act 2012.
s 40qApplication for approval to form limited liability law partnerships, etc.
An advocates and solicitors who wish to form a limited liability law partnership or to convert an existing firm into a limited liability law partnership for the purpose of carrying on the practice of advocates and solicitors shall apply to the
Bar Council for approval of—
the formation of a limited liability law partnership;
or
the conversion of an existing firm into a limited liability law partnership; and
the proposed name for the limited liability law partnership.
Approval for formation of or conversion into limited liability law partnership 40r. (1) Upon receipt of the application under section 40q, the
Bar Council may approve the formation of a limited liability law partnership or the conversion of an existing firm into a limited liability law partnership.
A limited liability law partnership approved under subsection (1) shall not be recognized to be a limited liability law partnership under this Act until the limited liability law partnership is registered under the Limited Liability Partnerships
Act 2012 as a limited liability partnership and its name is entered into the register under subsection 40z(2).
Approval for name of limited liability law partnership 40s. (1) For the purposes of the application under paragraph 40q(c), the Bar Council may approve the proposed name of a limited liability law partnership—
in the case of a conversion from an existing firm into a limited liability law partnership, if the name—
is the same name as that of the existing firm with the additional words as required under subsection 13(1) of the Limited Liability
Partnerships Act 2012; and
is not likely to be confused with the name of any existing limited liability law partnership or firm; or
in the case of the formation of a new limited liability law partnership, if the name—
is not misleading;
is not likely to be confused with the name of any existing limited liability law partnership or firm; and
is not incompatible with the dignity of the legal profession.
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The approved name of a limited liability law partnership shall not be changed or altered unless with the approval of the Bar Council in writing subject to the same requirements under paragraph (1)(b).
Rights and obligations of limited liability law partnership 40t. (1) A limited liability law partnership may do anything that an advocate and solicitor may do by law and shall do all things that an advocate and solicitor is required to do by law.
Notwithstanding subsection (1), a limited liability law partnership shall not do anything that may only be done by an advocate and solicitor as a natural person.
Effect of conversion into limited liability law partnership 40u. Without prejudice to section 33 of the Limited Liability
Partnerships Act 2012, upon conversion of a firm into a limited liability law partnership—
all persons who have engaged or are engaging such firm in connection with its practice as an advocates and solicitors shall be deemed to be persons who have engaged or are engaging such limited liability law partnership in connection with its practice as an advocates and solicitors without the need for the consent of or notification to any person making such engagement or any other person and without further assurance, act or deed;
all assets and property held by such firm, either alone or jointly with any other person, for or in connection with its practice as an advocates and solicitors, whether for any such person or otherwise, shall vest in such limited liability law partnership subject to such trusts or other arrangements as had applied to such firm;
all documents, records, goods or things held by or for, or in the possession of, such firm shall be deemed to be held by or for, or in the possession of, such limited liability law partnership;
any lien or other security held by such firm, either alone or jointly with any other person for its own benefit or as a nominee or trustee, shall be deemed to be held by such limited liability law partnership;
any subsisting undertaking, consent, power of attorney, instruction, order, mandate, authority or other instrument, whether by deed or otherwise, entered into by, given by or to, or made for the benefit of, such firm for or in connection with its practice as an advocates and solicitors shall be deemed to be entered into by, given by or to, or made for the benefit of, such limited liability law partnership;
any account between such firm and the person engaging or who had engaged such firm or otherwise for or in connection with its practice as an advocates and solicitors shall be deemed to become an account between such limited liability law partnership and such person subject to the terms and conditions as had applied to such account with such firm; and
any filing or correspondence or matter with or involving any registry, court, tribunal, tax or revenue authority, stock exchange or any other governmental, public or regulatory authority made by such firm or an advocate and solicitor of such firm for or in connection with its practice as an advocates and solicitors shall be deemed to have been made by or with such limited liability law partnership.
Relationship between client and limited liability law partnership 40v. A limited liability law partnership shall have the rights and shall be subjected to the fiduciary, confidential and ethical requirements with regard to each client of the limited liability law partnership same as the rights and the fiduciary, confidential and ethical requirements that exist at law with regard to an advocate and solicitor and his client.
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Standard of conduct 40w. A partner, a consultant or an employee of a limited liability law partnership who is an advocate and solicitor providing services which can only be provided by an advocate and solicitor under this Act shall be subjected to the same standards of conduct and competence with regard to such services as if he was personally providing such services as an advocate and solicitor in a firm.
Cessation of practice of advocate and solicitor 40x. (1) A limited liability law partnership shall not carry on the practice of an advocate and solicitor if at any time any partner of the limited liability law partnership is not a practising advocate and solicitor.
If a limited liability law partnership carries on business in contravention of subsection (1)—
the limited liability law partnership; and
the person who is a partner during the period that the limited liability law partnership so carries on such business and is cognizant of the fact that the limited liability law partnership is carrying on business in contravention of subsection (1), commits an offence and shall, on conviction, be liable to a fine not exceeding two thousand five hundred ringgit or to imprisonment for a term not exceeding six months or to both.
Winding up of limited liability law partnership 40y. (1) Notwithstanding section 49 of the Limited Liability
Partnerships Act 2012, the High Court may, upon application made by the Bar Council, order the winding up of a limited liability law partnership under the Limited Liability
Partnerships Act 2012 on any of the following grounds:
the limited liability law partnership fails to comply with the requirements of this Act or the rules made under section 40zd relating to a limited liability law partnership; or
the practice of the limited liability law partnership has been conducted in a manner incompatible with the dignity of the legal profession.
The winding up of a limited liability law partnership under the Limited Liability Partnerships Act 2012 shall be without prejudice to—
any right to institute disciplinary proceedings against an advocate and solicitor practising under the limited liability law partnership; or
any right of the Bar Council or State Bar Committee to exercise any rights or powers under this Act.
Register of limited liability law partnerships 40z. (1) The Bar Council shall—
keep and maintain a register for limited liability law partnerships approved under section 40r in such form and manner as the Bar Council thinks fit and have custody of the register and all documents relating to it; and
allow any person to inspect the register referred to in paragraph (a) in such manner as the Bar Council thinks fit.
The Bar Council shall enter the name of a limited liability law partnership approved under section 40r in the register.
The Bar Council shall remove or strike off the name of a limited liability law partnership which is ceased to carry on the practice of an advocate and solicitor or which has been wound up from the register.
Notwithstanding subsection (3), the Bar Council may restore the name of the limited liability law partnership to the register for the purpose of enabling the Bar Council or any
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State Bar Committee or any other person to exercise any rights or powers in relation to such limited liability law partnership under this Act for or in connection with—
the professional practice, etiquette, conduct and discipline of advocate and solicitor and clerks under
Part VI or disciplinary proceedings under Part VII;
the protection of clients or former clients of the limited liability law partnership; or
the rights and powers under section 119.
Right of appeal against decision of Bar Council 40za. Any person who is aggrieved by a decision of the Bar
Council under section 40r or 40s may appeal to the High Court.
This Part to prevail over inconsistent provisions of limited liability partnership agreement 40zb. This Part and any rules made under section 40zd shall prevail over any inconsistent provision of any limited liability partnership agreement.
Application of Limited Liability Partnerships Act 2012
and other written laws to limited liability law partnership 40zc. (1) The provisions of this Part and the rules made under section 40zd shall be read together with the provisions of the
Limited Liability Partnerships Act 2012.
In the case of any conflict or inconsistency between any provision of the Limited Liability Partnerships Act 2012
and any provision of this Part, the provisions of this Part shall prevail.
Rules on limited liability law partnership 40zd. (1) The Bar Council may, with the approval of the
Attorney General, make rules for the purposes of this Part.
Without prejudice to the generality of subsection (1), the rules made under subsection (1) may provide for—
matters relating to the name of a limited liability law partnership;
restrictions to be imposed on persons or classes of persons who are the partners or compliance officers of a limited liability law partnership;
the payment of fees on applications made under this
Part or any rules made under this Part;
the keeping of accounts by a limited liability law partnership; and
the nature and content of official correspondence, documents and publications issued by a limited liability law partnership.”.
s 12New Part Va
The principal Act is amended by inserting after section 76
the following part:
“Part Va
BAR COUNCIL LEGAL AID CENTRE
Interpretation 76a. In this Part, unless the context otherwise requires—
“aided person” means a person who satisfy the means test and receives legal aid under this Part;
“Centre” means the Bar Council Legal Aid Centre under section 76b;
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“Director” means the Director of the Legal Aid Centre appointed under section 76f;
“guardian” in relation to a child, includes any person who, in the opinion of the Director, is properly appointed as the next friend or guardian ad litem of the child;
“legal aid” means the legal services provided by the Centre to an aided person, including representing the aided person in any proceedings;
“Legal Aid Certificate” means a certificate filed in court under section 76i;
“means test” means a test, conducted by the Bar Council, to determine the eligibility of a person for legal aid.
Bar Council Legal Aid Centre 76b. (1) The Bar Council shall administer a centre known as the “Bar Council Legal Aid Centre” with one or more branches in each State for the purpose of carrying out the functions under section 76c.
The Centre shall be responsible to the Bar Council, and shall—
furnish the Bar Council with reports on its activities, its annual accounts audited by the Bar Council’s auditors and any other information as the Bar Council may require; and
cause its annual audited report to be presented at the annual general meeting of the Malaysian Bar.
Functions of the Centre 76c. (1) The Centre shall have the following functions:
to provide legal aid to aided persons;
to promote legal literacy in a manner determined and approved by the Bar Council;
to assist the public in matters relating to justice;
to engage the service of members of the Malaysian
Bar in the performance of its functions;
to establish any branch throughout Malaysia in cooperation with the relevant State Bar Committee;
to maintain a client account for any aided person, in accordance with any rules made pursuant to section 76m;
to carry on any activity that is relevant to, or in connection with, the performance of its functions;
to receive, in consideration of the services rendered by it, any fee or disbursement or contribution from the aided person, or such payment of costs as may be awarded to the aided person, in accordance with the rules made by the Bar Council; and
to establish committee and subcommittee as it may deem necessary for the performance of its functions.
Notwithstanding paragraph (1)(a), the Bar Council may in special circumstances, direct the Centre to provide legal aid to any person who does not satisfy the means test.
Principal office of the Centre 76d. The principal office of the Centre shall be situated in such place as may be determined by the Bar Council.
Branches of the Centre 76e. (1) Where the Centre establishes a branch in any state outside its principal office, such branch shall be managed and administered by the Centre, with the assistance of the relevant
State Bar Committee.
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The Bar Council shall delegate its power, as it may deem necessary, to the relevant State Bar Committee for the purposes of administration of the branch of the Centre.
Any branch of the Centre shall also be answerable to the relevant State Bar Committee.
Appointment of Director and staff of the Centre 76f. (1) The Bar Council may employ and remunerate any qualified and suitable advocate and solicitor or person to be the Director who shall be responsible—
for the day-to-day management and administration of the Centre and its activities;
for the preparation of programmes and projects in the performance of the functions of the Centre for the consideration and approval of the Bar Council; and
to perform all directions of the Bar Council.
The Bar Council may employ and remunerate any qualified and suitable person to be a staff of the Centre to assist the Director in performing the functions of the Centre.
Application for legal aid 76g. (1) Any person who whether in his own right or in a representative capacity desires to be granted legal aid under this Part shall make an application to the Centre.
For the purposes of subsection (1), the applicant shall furnish full, true and correct information in the application.
Memorandum of Notification 76h. (1) The Centre shall, upon receiving the application under section 76g, as soon as practicable, notify any relevant party and file a Memorandum of Notification in Form 1 of the Second Schedule in the court in which the proceedings has been instituted.
Where a Memorandum of Notification is filed under subsection (1), all proceedings shall, unless otherwise ordered by the court in which the proceedings is pending, be stayed for a period not exceeding twenty one days for enquiries to be made by the Centre on the eligibility of the applicant for legal aid before the issuance of a Legal Aid Certificate.
Notwithstanding subsection (2), the filing of the
Memorandum of Notification shall not affect—
the making of an interlocutory order for an injunction, or for the appointment of a receiver or manager;
the making of an order to prevent the lapse of a caveat against dealings with land;
the making of any other order which, in the opinion of the court in which the proceedings is pending, is necessary to prevent injustice;
the institution or continuance of proceedings to obtain, enforce or carry into effect, any such order as mentioned in paragraph (a), (b) or (c) or a decree to that effect, unless otherwise ordered by the court in which the proceedings is pending.
Legal Aid Certificate 76i. Where the Centre is satisfied that the applicant under section 76g is eligible for legal aid, the Centre may represent the applicant by filing a Legal Aid Certificate in Form 2 of the Second Schedule in the court in which the proceedings are pending, and the applicant shall be an aided person.
Aided person not liable to pay costs 76j. (1) The aided person shall not, unless expressly provided under this Act, be liable for costs to any other party in any proceedings to which the Legal Aid Certificate relates.
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Subject to the provisions of this Act, any person who conducts any investigation, prepares or publishes any report, gives any opinion, or conducts any proceedings, shall not take, or agree to take or seek any fee, profit or reward from the aided person.
Where it appears to the Centre that any person obtained the legal aid through fraud or misrepresentation, the Centre shall revoke the Legal Aid Certificate by filing a
Notice of Revocation of Legal Aid Certificate in Form 3 of the Second Schedule in court and the notice shall be served to the other parties in the proceedings.
Upon filing of the notice of revocation under subsection (1)—
the Centre shall cease to represent that person;
all proceedings shall, unless otherwise ordered by the court in which the proceedings is pending, be stayed for a period of fourteen days; and
the Centre shall be entitled to be reimbursed for all sums paid and all legal fees for work done for that person.
The court may order any person who has obtained legal aid by fraud or misrepresentation to pay costs to the
Centre or to the other party or to both.
The costs to the Centre under subsection (1) shall, unless otherwise directed by the court, be paid to the Centre and shall include—
any appropriate fee and charge for work done; and
any expenses incurred by the Centre.
Bar Council may make rules 76m. (1) The Bar Council may, with the approval of the
Attorney General, make rules as are necessary or expedient for the purpose of carrying into effect the provisions of this Part.
Without prejudice to the generality of subsection (1), any rules made by the Bar Council may provide for any or all of the following:
any fee, charge and costs, including any fee for any advocate and solicitor, in relation to any proceedings to which an aided person is a party;
the recovery of any sum due in respect of legal aid, or for the enforcement of any order or agreement for costs made in favour of the aided person;
any provision relating to qualified and suitable person under section 76f; and
any change in circumstances of the aided person.”.
s 13Amendment of section 77
Section 77 of the principal Act is amended by substituting for subsection (1) the following subsection:
“(1) Without prejudice to any other power to make rules provided under this Act, the Bar Council may, with the approval of the Attorney General, make rules for regulating the advocates and solicitors and pupils on the following:
professional practice, etiquette, conduct and discipline;
fees;
salaries;
allowances;
working conditions; and
admission.”.
Legal Profession (Amendment)
s 14Amendment of section 78a
Section 78a of the principal Act is amended—
in subsection (1)—
by inserting after the words “advocates and solicitors” the words “and limited liability law partnerships”;
in paragraph (a), by inserting after the words
“advocate and solicitor” the words “and limited liability law partnership”; and
in paragraph (c), by inserting after the words
“advocates and solicitors” the words “and limited liability law partnerships”;
in subsection (2)—
in paragraph (b), by inserting after the words
“advocates and solicitors” the words “and limited liability law partnerships”;
by substituting for paragraph (c) the following paragraph:
“(c) require advocates and solicitors and limited liability law partnerships to make payments by way of contributions or premiums on any indemnity or policy taken out under subsection (1) and provide for proceedings by the Malaysian Bar or its insurers against any advocate and solicitor who or limited liability law partnership which fails to do so for recovery of the appropriate contributions or premiums;”;
by substituting for paragraph (d) the following paragraph:
“(d) prescribe the conditions which a professional indemnity or an insurance policy must satisfy for the purposes of paragraph (1)(b)
or (c)”;
in paragraph (f)—
by inserting after the words “advocate and solicitor” the words “or a limited liability law partnership”; and
by substituting for the words “against him” the words “against the advocate and solicitor or the limited liability law partnership”;
in paragraph (g), by substituting for the words
“unless he is insured” the words “unless he is indemnified or insured”; and
by inserting after paragraph (g) the following paragraph:
“(ga) prescribe that a limited liability law partnership shall not carry on the practice of an advocate and solicitor unless the limited liability law partnership is indemnified or insured as required by the rules made under this section for the period as specified in such rules;”; and
by substituting for subsection (3) the following subsection:
“(3) Nothing in this section shall affect the right of any advocate and solicitor or limited liability law partnership, in addition to the indemnity provided in the rules made under this section, to insure the advocate and solicitor or the limited liability law partnership further against loss arising from such claims as may be instituted against the advocate and solicitor or the limited liability law partnership.”.
Legal Profession (Amendment)