Malaysia legislation
Section 12
of KAEDAH-KAEDAH PROFESION GUAMAN SYARIE (WILAYAH-WILAYAH PERSEKUTUAN) (AKAUN PEGUAM SYARIE) 2023
Seksyen 12
Account books to be kept
(1)
Every Peguam Syarie shall at all times keep properly written up in the national language and English language such books and accounts as may be necessary—
(a)
to show all his dealings with—
(i)
client's money held, received or paid by him; and
(ii)
any other money dealt with by him through a client account;
(b)
to distinguish—
(i)
such money held, received or paid by him for each separate client; and
(ii)
such money referred to in subparagraph (i) from other money held, received or paid by him on any other reason.
P.U. (A) 66 27
(2)
All dealings referred to in paragraph (1)(a) shall be recorded in—
(a)
a client's cash book, or a client's column on the credit side or debit side, as may be appropriate, of a cash book; and
(b)
a separate client's ledger, or a client's column on the credit side or debit side, as may be appropriate, of a ledger for each client.
(3)
No dealings other than dealings referred to in paragraph (1)(a)
shall be recorded in such client's cash book and ledger, or as the case may be, in such client's column.
(4)
All entries in a client's ledger must be dated and must include references that identify their sources or type of transaction and enable them to be traced backward and forward.
(5)
In addition to the books and accounts referred to in subrule (2), every Peguam Syarie shall keep a record of all written intimations under subparagraph 8(1)(a)(iv) delivered by the Peguam Syarie to his clients, which record shall be contained in a bills delivered book or a file of copies of such intimations.
(6)
Every Peguam Syarie shall cause the balance of his clients' cash book or clients' column of his cash book to be reconciled with his client account statements—
(a)
within six months of the commencement of these Rules or of his commencing practice either as a sole proprietor or in partnership, whichever is the later; and
(b)
thereafter not less than once in every succeeding period of six months.
(7)
Every Peguam Syarie shall keep in the cash book or other appropriate place a statement showing the reconciliation under subrule (6).
P.U. (A) 66 28
(8)
Every Peguam Syarie shall preserve all books, accounts and records kept by him under this rule for at least six years from the date when the file or matter concerned is closed or no further pending business.
(9)
Unless authorised in writing by the Majlis Peguam Syarie, no money may be withdrawn from an account, being or forming part of a client’s account, otherwise than under the signature of a Peguam Syarie pursuant to rule 9.
Computerised book-keeping