Malaysia legislation
Section 8
of KAEDAH-KAEDAH PROFESION GUAMAN SYARIE (WILAYAH-WILAYAH PERSEKUTUAN) (AKAUN PEGUAM SYARIE) 2023
Seksyen 8
(1)
Subject to subrule (2), the following money may be drawn from a client account:
(a)
in the case of client’s money—
(i)
money properly required for a payment to or on behalf of the client;
(ii)
money properly required for or towards payment of debt due to the Peguam Syarie from the client or in reimbursement of money expended by the Peguam Syarie on behalf of the client;
(iii)
money drawn on the client’s authority; and
(iv)
money properly required for or towards payment of the
Peguam Syarie’s costs where a bill of costs or other written intimation of the amount of the costs incurred has been delivered to the client and the client has been notified that
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money held for him will be applied towards or in satisfaction of such costs;
(b)
in the case of trust money—
(i)
money properly required for a payment in the execution of the particular trust;
(ii)
money to be transferred to a client account in the execution of the particular trust; and
(iii)
money to be transferred to a separate account kept solely for the money of the particular trust;
(c)
such money, not being money to which either paragraph (a) or (b)
applies, as may have been paid into the client account under paragraph 4(1)(c) or (e) or subrule 4(2); and
(d)
money which may by mistake or accident have been paid into the client account in contravention of subrule 4(3) and subrule 4(4).
(2)
The money so drawn under paragraph (1)(a) or (b) shall not exceed the total of the money held for the time being in such client account for such client or trust.
(3)
No money other than money permitted to be drawn from a client account under this rule shall be so drawn unless the Majlis Peguam Syarie, upon an application being made to it by a Peguam Syarie, specifically authorised in writing its withdrawal.
(4)
Money held for a client must not be used for payment of another client without prior written instruction of the client for whom the money is held.
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Signatories to client account