/akn/my/act/pua/2023/67

KAEDAH-KAEDAH PROFESION GUAMAN SYARIE (WILAYAH-WILAYAH PERSEKUTUAN) (LAPORAN AKAUNTAN) 2023

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Type: P.U. (A)
Status: In force
Enacted: 2023
Sections: 10

Quick answer

About this p.u. (a)

KAEDAH-KAEDAH PROFESION GUAMAN SYARIE (WILAYAH-WILAYAH PERSEKUTUAN) (LAPORAN AKAUNTAN) 2023 is Malaysia P.U. (A), cited as P.U. (A) 67 2023, currently marked in force and first recorded in 2023.

Opening note

Preamble

IN exercise of the powers conferred by section 68 of the Syarie Legal Profession (Federal Territories) Act 2019 [Act 814], the Majlis Peguam Syarie, with the approval of the Minister, makes the following rules: Citation and commencement

Seksyen 1

(1)

These rules may be cited as the

Syarie

Legal

Profession

(Federal Territories) (Accountant’s Report) Rules 2023.

(2)

These Rules come into operation on 15 March 2023.

Interpretation

Seksyen 2

In these Rules, “account”, “client account”, “client”, “trust money” and

“client’s money”

have the meaning assigned to them in rule 2

of the Syarie Legal Profession (Federal Territories) (Account of Peguam Syarie) Rules 2023

[P.U. (A) 66/2023].

Seksyen 3

Accountants’ reports may be given by certain accountants

(1)

An accountant shall be qualified to give the accountant’s report referred to in section 67 of the Act if—

(a)

he is an approved company auditor as defined in the Companies Act 2016 [Act 777];

(b)

he has neither been at any time during the accounting period, nor subsequently, before giving his report, become a partner or employee of the Peguam Syarie for whom the accountant’s report is given or of any partner of the Peguam Syarie; and

(c)

he is not disqualified under rule

Seksyen 4

P.U. (A) 67 22

Disqualification of accountant from giving accountant’s report 4.

(1)

Where—

(a)

an accountant has been found guilty by the disciplinary authority of his professional body of unprofessional conduct; or

(b)

the Majlis Peguam Syarie is satisfied that an accountant is negligent in giving an accountant’s report by failing to specify in the report any non-compliance by a Peguam Syarie of the provisions of the

Syarie

Legal

Profession

(Federal

Territories)

(Account of Peguam Syarie) Rules 2023, the Majlis Peguam Syarie may, at any time, give a notice to the accountant concerned requiring him to provide, within fourteen days from the date of receipt of the notice, an explanation as to why he should not be disqualified from giving the accountant’s report.

(2)

The Majlis Peguam Syarie shall—

(a)

after taking into consideration the explanation given by such accountant; or

(b)

if the accountant fails to provide any explanation within the period specified in subrule (1), after the expiration of such period, decide on whether the accountant shall be disqualified from giving the accountant’s report.

(3)

The Majlis Peguam Syarie shall notify in writing of its decision made under subrule (2) to the the accountant concerned and the Peguam Syarie for whom the accountant’s report has been given.

P.U. (A) 67 23

Duties of accountant before signing report

Seksyen 5

(1)

For the purposes of giving an accountant’s report, an accountant shall ascertain from the Peguam Syarie particulars of all accounts, including trust accounts, kept, maintained or operated by the Peguam Syarie in connection with his practice at any time during the accounting period to which his report relates and make the following examination of the books, accounts and other relevant documents of the Peguam Syarie:

(a)

examine the book-keeping system in every office of the Peguam Syarie to enable the accountant to verify that such system complies with the

Syarie

Legal

Profession

(Federal Territories) (Account of Peguam Syarie) Rules 2023, and if so determine that—

(i)

an appropriate ledger account is kept for each client;

(ii)

such ledger accounts show separately from other information particulars of all clients, money received, held or paid for each client; and

(iii)

transaction relating to clients’ money and any other money dealt with through a client account are recorded in the Peguam Syarie’s book so as to distinguish such transactions from transactions relating to any other money received, held or paid by the Peguam Syarie;

(b)

make test checks of postings to clients’ ledger accounts from records of receipts and payments of clients’ money and make test checks of the costs of such accounts and records;

(c)

compare a sample of lodgement into the payments from the client account as shown in account statements with

P.U. (A) 67 24

the Peguam Syarie’s records of receipts and payments of clients’ money;

(d)

enquire into and test check the system of recording costs and of making transfer in respect of costs from the client account;

(e)

make a test examination of such documents as he shall request the Peguam Syarie to produce to him with the object of ascertaining and confirming—

(i)

that the financial transactions, including those giving rise to transfer from one ledger account to another, evidenced by such documents, are in accordance with the Syarie Legal

Profession (Federal Territories) (Account of Peguam Syarie)

Rules 2023; and

(ii)

that the entries in clients’ ledger accounts reflect those transactions in a manner complying with the Syarie Legal

Profession (Federal Territories) (Account of Peguam Syarie)

Rules 2023;

(f)

extract, or check extractions of, balances of the clients’ ledger accounts during the accounting period under review at not fewer than two dates selected by the accountant (one of which may be the last day of the accounting period), and at each such date—

(i)

compare the total as shown by such ledger accounts of the liabilities to the clients, including the clients for whom trust money is held in the client account, with the cash book balance on client account; and

P.U. (A) 67 25

(ii)

reconcile that cash book balance with the client account balance as confirmed directly to the accountant by the Islamic financial institution;

(g)

satisfy himself that reconciliation statements have been kept in accordance with the Syarie Legal Profession (Federal Territories)

(Account of Peguam Syarie) Rules 2023;

(h)

make a test examination of the clients’ ledger accounts in order to ascertain whether payments from the client account have been made on any individual account in excess of money held on behalf of that client;

(i)

peruse such office ledger, cash accounts and account statements maintained by the Peguam Syarie to ascertain whether any client’s money has not been paid into a client account; and

(j)

request for such information and explanations as he may require arising out of paragraphs (a) to (i).

(2)

Where a Peguam Syarie uses a computerised or mechanical system of accounting which automatically produces an extraction of all client ledger balances, the requirement of paragraph (1)(f) that all client ledger balances extracted on the list produced by the computer or machine must be checked against the individual records of ledger accounts is waived provided that the accountant—

(a)

is satisfied that a satisfactory system or control is in operation;

(b)

carries out a test check of the extraction against the individual records; and

(c)

specifies in his report that he has relied on this manner.

P.U. (A) 67 26

(3)

Except as provided in subrule (2), the remainder of the requirements of paragraph (1)(f) is not waived and the appropriate comparisons must continue to be made at no fewer than two dates.

(4)

Nothing in subrule (1) shall require the accountant—

(a)

to extend his enquiries beyond the information contained in the relevant documents relating to any client’s matter produced to him supplemented by such information and explanations obtained by him from the Peguam Syarie;

(b)

to enquire into the stocks, shares, other securities or documents of title held by the Peguam Syarie on behalf of his clients; or

(c)

to consider whether the books of account of the Peguam Syarie have been properly written up in accordance with the

Syarie

Legal

Profession

(Federal

Territories)

(Account of Peguam Syarie) Rules 2023, at any time other than the time at which his examination of those books and accounts takes place.

(5)

If after making an examination in accordance with this rule, it appears to the accountant that there is evidence that the

Syarie

Legal

Profession

(Federal Territories) (Account of Peguam Syarie) Rules 2023 have not been complied with, he shall make such further examination as he considers necessary in order to complete his report with or without qualification.

Form of accountant’s report

Seksyen 6

(1)

An accountant’s report submitted by a Peguam Syarie under these Rules shall be in the form set out in the Schedule.

P.U. (A) 67 27

(2)

Where a Peguam Syarie is also a State Peguam Syarie, the Peguam Syarie may, for the purposes of these Rules, submit—

(a)

an accountant’s report which includes a report in respect of the examination conducted on the books, accounts and documents of the firm of the Peguam Syarie registered in any State in Malaysia under the relevant law for the relevant accounting period; or

(b)

the accountant’s report which has been submitted by the Peguam Syarie under the relevant law which includes a report in respect of the examination conducted on the books, accounts and documents of the firm of the Peguam Syarie registered in the Federal Territories for the relevant accounting period.

(3)

For the purposes of this rule, “relevant law” means any written law relating to the syarie legal profession in force in the relevant State.

Exemption from submitting accountant’s report

Seksyen 7

(1)

For the purposes of paragraph 28(2)(b) of the Act, Peguam Syarie shall be exempted from submitting an accountant’s report in respect of any practice year in which the Peguam Syarie—

(a)

holds his first practising certificate;

(b)

after having for twelve months or more ceased to hold a current practising certificate, holds his next practising certificate;

(c)

has not in the twelve months preceding his application for an Annual Practising Certificate—

(i)

practised as a sole proprietor or in partnership; or

P.U. (A) 67 28

(ii)

held or received client’s money.

(2)

The Majlis Peguam Syarie may require any Peguam Syarie to whom subrule (1) applies to produce to the Majlis Peguam Syarie such evidence, by statutory declaration or otherwise, as may be required to verify the facts mentioned in subrule (1).

Accounting periods

Seksyen 8

(1)

The accounting period specified in an accountant’s report submitted during the practice year beginning on 1 January shall begin on 1 January of that year and terminate on 31 December of the same year.

(2)

In any practice year beginning on or after 1 January—

(a)

in the case of a Peguam Syarie who—

(i)

is required to submit his first accountant’s report; or

(ii)

having been exempted under rule 7 in respect of the preceding practising year, is required to submit an accountant’s report, the accounting period shall begin on the date upon which he first holds or receives client’s money, or after the exemption he begins to hold or receive client’s money; and

(b)

in the case of a Peguam Syarie retiring from practice who is required to submit his final accountant’s report, the accounting period shall end on the date upon which he ceased to hold or receive client’s money.

P.U. (A) 67 29

(3)

The accounting period—

(a)

in respect of a Peguam Syarie referred to in subrule (2); and

(b)

in any practice year beginning on or after 1 January, in respect of a Peguam Syarie who—

(i)

is not exempted under rule 7 in respect of the preceding practice year; and

(ii)

since the expiry of the accounting period covered by his last accountant’s report, has become, or ceased to be, a member of a firm of Peguam Syarie, may cover less than twelve months and shall in all other aspects comply with the requirements of subsection 67(3) of the Act.

Service of notice

Seksyen 9

(1)

Every notice to be given by the Majlis Peguam Syarie under these Rules to a Peguam Syarie or to an accountant shall be 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 notice referred to in subrule (1) shall be sent to the Peguam Syarie or the accountant—

(a)

by personal service;

(b)

by registered post or courier—

(i)

in the case of the Peguam Syarie, to the last known address of the Peguam Syarie; or

P.U. (A) 67 30

(ii)

in the case of the accountant, to the address of the accountant shown on the accountant’s report or appearing in the records of the accountancy body of which the accountant is a member; or

(c)

in circumstances determined by the Majlis Peguam Syarie, by e-mail.

(3)

If the notice referred to in subrule (1) is sent—

(a)

by registered post under paragraph (2)(b), the notice shall be deemed to have been received by the Peguam Syarie or the accountant, as the case may be, within seven days from the time of posting; or

(b)

by e-mail under paragraph (2)(c), the notice shall be deemed to have been received by the Peguam Syarie or the accountant, as the case may be, at the time when the e-mail is transmitted to his e-mail address.

P.U. (A) 67 31

Jadual

[Rule 6]

FORM OF ACCOUNTANT’S REPORT

NOTES:

(A)

In the case of a firm with a number of partners, copies of the Report may be submitted provided paragraph 1 below is completed on each Report with the name of all the partners.

(B)

This Report may include report in respect of the examination conducted on the books, accounts and documents of the firm of a Peguam Syarie registered in any

State in Malaysia under the written law relating to the syarie legal profession in force in such State for the relevant accounting period.

Peguam Syarie’s Full Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(CAPITAL LETTERS)

Firm(s) Name(s) and Address(es)* . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Whether practising alone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

or in partnership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Accounting Period(s)**

* All addresses at which the Peguam Syarie(s) practise(s) must be covered by Accountants Report or

Reports. If an address is not so covered, the reason must be stated.

** The period(s) must comply with section 67 of the Syarie Legal Profession (Federal Territories) Act 2019

and the Syarie Legal Profession (Federal Territories) (Accountant's Report) Rules 2023.

P.U. (A) 67 32

ACCOUNTANT’S REPORT

In compliance with section 67 of the Syarie Legal Profession (Federal Territories) Act 2019

[Act 814], and the Syarie Legal Profession (Federal Territories) (Accountant's Report)

Rules 2023 [P.U. (A) 67/2023], I have examined to the extent required by rule 5 of the said

Rules the books, accounts and documents produced to me in respect of the above practise(s) of the abovenamed Peguam Syarie.

In so far as an opinion can be based on this limited examination, I am satisfied that during the above mentioned period(s) he has complied with the provisions of the Syarie Legal Profession (Federal Territories) (Account of Peguam Syarie) Rules 2023

[P.U. (A) 66/2023], except so far as concern—

*(a)

certain trivial breaches due to clerical errors or mistakes in book-keeping, all of which were rectified on discovery and none of which, I am satisfied, resulted in any loss to any client;

*(b)

the matters set out in Appendix A, in respect of which I have not been able to satisfy myself for the reasons therein stated;

*(c)

the matters set out in Appendix B, in respect of which it appears to me that the

Peguam

Syarie has not complied with the provisions of the Syarie Legal Profession (Federal Territories) (Account of Peguam Syarie)

Rules 2023.

* Delete subparagraphs not applicable.

P.U. (A) 67 33 2.

Client Account examined for the purposes of this Report—

Name of Islamic Financial Institution

Address

Account No.

(1)

(2)

(3)

(4)

(5)

The results of the comparisons required under paragraph 5(1)(f) of the Syarie Legal Profession (Federal Territories) (Accountant's Report) Rules 2023, at the dates selected by me are as follows:

(a)

at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

*(i)

the figures were in agreement;

*(ii) there was a difference computed as follows:

Liabilities to clients as shown by clients’ ledger accounts

Cash held in client account after allowance for outstanding cheques and lodgments cleared after that date

* Delete subsubparagraph (i) or (ii) as appropriate.

P.U. (A) 67 34

(b)

at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

*(i) the figures were in agreement;

*(ii) there was a difference computed as follows:

Liabilities to clients as shown by clients' ledger accounts

Cash held in client account after allowance for outstanding cheques and lodgements cleared after that date

**(a) Having retired from active practice as a Peguam Syarie the said

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ceased to hold client’s money on . . . . . . . . . . . . . .

**(b) Having ceased to practice under the style of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . the said . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ceased to hold client's money under that style on. . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Particulars of the accountant:

Full Name . . . . . . . . . . . . . . . . . . . . . . . .

Firm Name . . . . . . . . . . . . . . . . . . . . . . . .

** Delete subparagraph (a) or (b) as appropriate.

P.U. (A) 67 35

To:

Secretary,

Majlis Peguam Syarie,

Federal Territories.

Dated . . . . . . . . . . . . . . . . . . . . . . 20. . .

Appendix A

Matters in respect of which the accountant has been unable to satisfy himself and the reasons for that inability:

(Please state)

Appendix B

Matters (other than trivial breaches) in respect of which it appears to the accountant that the Peguam Syarie has not complied with the provisions of the Syarie Legal Profession

(Federal Territories) (Account of Peguam Syarie) Rules 2023.

(Please state)

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)

Common questions

What is KAEDAH-KAEDAH PROFESION GUAMAN SYARIE (WILAYAH-WILAYAH PERSEKUTUAN) (LAPORAN AKAUNTAN) 2023?: KAEDAH-KAEDAH PROFESION GUAMAN SYARIE (WILAYAH-WILAYAH PERSEKUTUAN) (LAPORAN AKAUNTAN) 2023 is Malaysia P.U. (A), cited as P.U. (A) 67 2023, currently marked in force and first recorded in 2023.
Is KAEDAH-KAEDAH PROFESION GUAMAN SYARIE (WILAYAH-WILAYAH PERSEKUTUAN) (LAPORAN AKAUNTAN) 2023 still in force?: Yes — KAEDAH-KAEDAH PROFESION GUAMAN SYARIE (WILAYAH-WILAYAH PERSEKUTUAN) (LAPORAN AKAUNTAN) 2023 is currently in force.
When did KAEDAH-KAEDAH PROFESION GUAMAN SYARIE (WILAYAH-WILAYAH PERSEKUTUAN) (LAPORAN AKAUNTAN) 2023 take effect?: KAEDAH-KAEDAH PROFESION GUAMAN SYARIE (WILAYAH-WILAYAH PERSEKUTUAN) (LAPORAN AKAUNTAN) 2023 was first recorded in 2023.
How many sections does KAEDAH-KAEDAH PROFESION GUAMAN SYARIE (WILAYAH-WILAYAH PERSEKUTUAN) (LAPORAN AKAUNTAN) 2023 have?: KAEDAH-KAEDAH PROFESION GUAMAN SYARIE (WILAYAH-WILAYAH PERSEKUTUAN) (LAPORAN AKAUNTAN) 2023 contains 9 sections.
Where can I read the official version of KAEDAH-KAEDAH PROFESION GUAMAN SYARIE (WILAYAH-WILAYAH PERSEKUTUAN) (LAPORAN AKAUNTAN) 2023?: The official text of KAEDAH-KAEDAH PROFESION GUAMAN SYARIE (WILAYAH-WILAYAH PERSEKUTUAN) (LAPORAN AKAUNTAN) 2023 is published at lom.agc.gov.my.