Malaysia legislation
Section 16b
Seksyen 16b
(a)
is an undischarged bankrupt or a receiving order in bankruptcy is in force against him;
Undang-Undang Malaysia 58
Akta A1528
(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 voluntary or involuntary patient as defined by the Mental Health Act 2001
[Act 615], and the Law Society has reasonable cause to believe that in consequence of the act, default or disability of the advocate or of any clerk or servant of his—
(i)
there has been undue delay in connection with any matter in which the advocate 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 advocate is the sole trustee or co-trustee with one or more of his clerks or servants;
or
(ii)
any sum of money due from that advocate or his firm to, or held by him or his firm on behalf of, his clients or subject to any trust of which he is such sole trustee or co-trustee as aforesaid is in jeopardy while in the control or possession of that advocate or his firm, the Second Schedule, other than paragraph 7, shall apply in relation to that advocate.
(2)
For the purposes of dealing with documents referred to in paragraph 6 of the Second Schedule, the Law Society may 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 advocate’s practice.
Ordinan Peguam Bela (Sabah) (Pindaan)
(3)
In this section, “trust” and “trustee” extend to implied and constructive trusts and to cases where the trustee has a beneficial interest in the trust property and to the duties incidental to the office of a personal representative, and “trustee”, where the context admits, includes a personal representative.
Personal representatives liable for acts of advocate.