Section 10

The Law Society shall consist of the following:

The Law Society may sue or be sued in its corporate name.

Subject to and for the purposes of this

Ordinance, the Law Society may, upon such terms as the Law Society deems fit—

The Constitution and rules of the Law Society shall be as set out in Part VI of this Ordinance.

Common seal.

Until a seal is provided by the Law Society, a stamp bearing the words “Sabah Law Society”

may be used and shall be deemed to be its common seal.

The common seal of the Law Society shall be kept in the custody of the President of the Law

Society or any other person authorized by the Law

Society, and shall be authenticated by either the

President of the Law Society or by such other person authorized by the President of the Law Society in writing.

Advocates Ordinance (Sabah) (Amendment)

All deeds, documents and other instruments of the Law Society purporting to be sealed with the common seal of the Law Society and authenticated in accordance with subsection (3) shall, until the contrary is proved, be deemed to have been validly executed.

Any deed, document and other instrument which, if executed by a person not being a body corporate, is not required to be under seal may in like manner be executed by a member of the Law

Society or by any member of the Law Society authorized in that behalf.

The common seal of the Law Society shall be officially and judicially noticed.

Every document to which the common seal of the Law Society is affixed shall be signed by two members of the Law Society appointed by the

President of the Law Society in that behalf.

Annual

Certificate.

the Law Society is satisfied that the application complies with that subsection and any rules made under this section;

the Law Society is satisfied that the applicant is not disqualified from holding a certificate to practise under section 9a;

the applicant is not in arrears in respect of any subscription or levy lawfully due to the Law Society under this Ordinance;

and

the applicant intends to practise under an approved name.

An application by an advocate for an Annual

Certificate shall be made in such form as may be prescribed by the rules made under this section and shall be accompanied by appropriate certificates showing that paragraph 1(c) has been complied with.

Disciplinary proceedings may be taken against any advocate if in, or in relation to, an application under this section he makes a false statement material to the application.

Subject to this Ordinance, the Law Society may make rules regulating the issue of Annual

Certificates.

Any rules made by the Law Society under this section shall be signed by the President of the

Law Society and published in the Sabah Government

Gazette.

Issue of Annual

Certificate in certain conditions.

after more than twelve months have elapsed since his admission and if he has held no valid certificate to practise during that period;

who has held a certificate to practise subject to terms and conditions at any time in the three years immediately preceding his application;

after more than twelve months have elapsed since he held a valid certificate to practise;

after the Disciplinary Board has ordered a penalty or costs to be paid by him;

when having been suspended from practice or having had his name removed from the roll or struck off the roll, the period of suspension has expired or his name has been restored to the roll, as the case may be;

Advocates Ordinance (Sabah) (Amendment)

whilst he is an undischarged bankrupt or a receiving order in bankruptcy is in force against him;

after having been adjudicated a bankrupt and obtained a discharge or having entered into a composition with his creditors or a deed of arrangement for the benefit of his creditors;

after having had an order of committal or an order for the issue of a writ of attachment made against him.

In any of the circumstances mentioned in subsection (1), the applicant shall, unless the Chief

Judge or the Law Society otherwise orders, give to the Law Society not less than six weeks before his application for an Annual Certificate notice of his intention to apply for the Certificate and the

Law Society may in its discretion—

required to make an application under this section; or

dissatisfied with the refusal, neglect or delay in the issue to him of an Annual

Certificate, may apply to the Chief Judge by originating summons for an order directing the Law Society to issue him with an Annual Certificate.

Law Society to maintain register of firm names.

The Law Society may refuse the registration of any firm name on the ground that the proposed firm name is offensive or is likely to be confused with a registered firm name or is likely to mislead the public.

An advocate who is dissatisfied with a decision of the Law Society under subsection (2)

may appeal to the High Court whose decision shall be final.

An advocate shall not submit to the Law

Society for registration a firm name that is not—

In any case where a name which complies with subsection (4) cannot be registered without contravening subsection (2), then the person may practise under such name as the Law Society may approve.

An advocate who acts in contravention of subsection (5) may be liable to disciplinary proceedings.

The Law Society—