Malaysia legislation
Section 15
of KAEDAH-KAEDAH PROFESION GUAMAN SYARIE (WILAYAH-WILAYAH PERSEKUTUAN) (AKAUN PEGUAM SYARIE) 2023
Seksyen 15
(1)
The Majlis Peguam Syarie may—
(a)
on its own motion; or
(b)
on a written complaint, for which the Majlis Peguam Syarie is satisfied that there is a merit, require any Peguam Syarie to produce at a time and place to be fixed by the
Majlis Peguam Syarie, his books of account, bank pass books, loose-leaf bank statements, statements of account, vouchers and any other necessary documents for the inspection of any accountant appointed by the Majlis Peguam Syarie.
(2)
The accountant appointed under subrule (1) shall be an accountant who is qualified to give an accountant's report under the Syarie Legal Profession
(Federal Territories) (Accountant's Report) Rules 2023 [P.U. (A) 67/2023].
(3)
Before any accountant is appointed under subrule
(1)
, the Majlis Peguam Syarie shall consider any objection, if any, made by the Peguam Syarie concerned with regard to the appointment of such accountant.
(4)
The accountant appointed under subrule (1) shall prepare and submit to the Majlis Peguam Syarie a report on the result of the inspection carried out under subrule (1).
(5)
The report referred to in subrule (4) may be used as a basis for proceedings under subsection 65(3) of the Act.
(6)
Where the inspection is carried out pursuant to a requirement made under paragraph (1)(b), the Majlis Peguam Syarie may require the person making the complaint to pay the costs of the inspection the amount of which shall be determined by the Majlis Peguam Syarie.
P.U. (A) 66 31
Manner of delivery of intimation of amount of Peguam Syarie’s costs and notification relating to application of moneys 16.
A written intimation of the amount of a Peguam Syarie’s costs incurred and a notification to a client that money held for him will be applied as mentioned in subparagraph 8(1)(a)(iv) may be delivered to a client personally, by registered post, courier or email.
Requirements under these Rules to be made in writing 17.
(1)
Every requirement to be made by the Majlis Peguam Syarie to a
Peguam Syarie under these Rules shall be made in writing under the hand of the Secretary or a member of the Majlis Peguam Syarie designated by the Majlis Peguam Syarie for that purpose.
(2)
The requirement referred to in subrule (1) shall be sent—
(a)
by personal service to the Peguam Syarie;
(b)
by registered post or courier to the last known address of the Peguam Syarie; or
(c)
in circumstances determined by the Majlis Peguam Syarie, by email.
(3)
If the requirement referred to in subrule (1) is sent—
(a)
by registered post under paragraph (2)(b), the requirement shall be deemed to have been received by the Peguam Syarie within seven days from the time of posting; or
(b)
by email under paragraph (2)(c), the requirement shall be deemed to have been received by the Peguam Syarie at the time when the email is transmitted to his email address.
P.U. (A) 66 32
Right or recourse of Peguam Syarie against moneys standing to the credit of client account not affected by the Rules 18.
Nothing in these Rules shall deprive a Peguam Syarie of any right either by way of lien, set-off, counter-claim, charge or otherwise against moneys standing to the credit of a client account.
Made 23 February 2023
DATO’ ZAINUL RIJAL BIN ABU BAKAR
Chairman of Majlis Peguam Syarie
Approved 6 March 2023
DATO’ SETIA DR. HAJI MOHD NA’IM BIN
HAJI MOKHTAR
Minister in the Prime Minister’s Department
(Religious Affairs)