Malaysia legislation
Section 18
Section 18
Section 84 of the principal Act is amended—
(a)
in the shoulder note, by inserting after the words “Advocate and solicitor” the words “or limited liability law partnership”;
(b)
by substituting for subsection (1) the following subsection:
“(1) Where an advocate and solicitor or a limited liability law partnership acts for a housing developer in a sale of immovable property developed under a housing development—
(a)
the advocate and solicitor or any other advocate and solicitor of the firm of which the advocate and solicitor is a partner or employee; or
(b)
the limited liability law partnership or any advocate and solicitor of the limited liability law partnership, shall not in the same transaction act for the purchaser of that property.”;
Legal Profession (Amendment)
(c)
by inserting after subsection (1) the following subsections:
“(1a) A written agreement prepared by—
(a)
the advocate and solicitor or any other advocate and solicitor of the firm of which the advocate and solicitor is a partner or employee; or
(b)
the limited liability law partnership or any advocate and solicitor of the limited liability law partnership, acting for the developer in respect of such transaction shall be scrutinized by an advocate and solicitor or a limited liability law partnership acting for the purchaser.
(1b)
If the written agreement in respect of the transaction referred to in subsection (1a) is not scrutinized by such advocate and solicitor or limited liability law partnership acting for the purchaser, the advocate and solicitor or the limited liability law partnership acting for the housing developer shall obtain a certificate signed by the purchaser showing that the purchaser does not intend to engage an advocate and solicitor or limited liability law partnership to scrutinize the agreement for him.”;
(d)
by substituting for subsection (2) the following subsection:
“(2) For the purposes of this section, the certificate under subsection (1b) shall be signed by the purchaser in the presence of a Commissioner for Oaths who is not an advocate and solicitor practicing with or an employee of the Malaysian law firm, acting for the housing developer.”;
(e)
in subsection (3), by substituting for the words “its own advocate and solicitor” the words “its own advocate and solicitor or limited liability law partnership”; and
(f)
in subsection (5)—
(i)
by substituting for the words “Subsection (1)”
the words “Subsections (1), (1a) and (1b)”; and
(ii)
by inserting after the words “an advocate and solicitor who” the words “, or a limited liability law partnership which,”.
Amendment of section 86