Malaysia legislation
Section 16
Section 16
The principal Act is amended by substituting for section 82
the following section:
Quoted provision
Section 82
(a)
act as agent in any legal proceedings or matters which under this Act may be done only by an advocate and solicitor who has a valid practising certificate for another advocate and solicitor who does not have a valid practising certificate or another limited liability law partnership which is not authorized to carry on the practice of an advocate and solicitor;
(b)
permit his or its name to be used, in any legal proceedings or matters which under this Act may be done only by an advocate and solicitor who has a valid practising certificate or by a limited liability law partnership which is authorized to carry on the practice of an advocate and solicitor, by or for the profit of another advocate and solicitor who does not have a valid practising certificate or another limited liability law partnership which is not authorized to carry on the practice of an advocate and solicitor;
(c)
send any legal process to another advocate and solicitor who does not have a valid practising certificate or another limited liability law partnership which is not authorized to carry on the practice of an advocate and solicitor; or
(d)
do any other act enabling another advocate and solicitor who does not have a valid practising certificate or another limited liability law partnership which is not authorized to carry on the practice of an advocate and solicitor, to appear, do, practise or purport to practise as an advocate and solicitor in any legal proceedings or matters which under this Act may be done only by an advocate and solicitor who has a valid practising certificate or by a limited liability law partnership which is authorized to carry on the practice of an advocate and solicitor.
(2)
An advocate and solicitor shall not authorize any unauthorized person to operate—
(a)
any bank account in his name or in the name of his firm or in the name of the limited liability law partnership under which he practices; and
(b)
any bank account maintained by him or his firm, or by the limited liability law partnership under which he practices, in connection with his practice as an advocate and solicitor.
(3)
A limited liability law partnership shall not authorize any unauthorized person or limited liability law partnership which is not authorized to carry on the practice of an advocate and solicitor to operate—
(a)
any bank account in its name; and
(b)
any bank account maintained by the limited liability law partnership, in connection with its practice as an advocate and solicitor.
(4)
Any advocate and solicitor who contravenes subsection (1) or (2), or any partner of or other person involved in the management or control of a limited liability law partnership who contravenes subsection (3), may be liable to disciplinary proceedings.
(5)
Any unauthorized person who acts or practises or purports to practise as an advocate and solicitor or any limited liability partnership which is not authorized to carry on the practice of an advocate and solicitor which carries on the practice or purports to practise as an advocate and solicitor commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year or to both.”.
Legal Profession (Amendment)
27
Amendment of section 83