Syarie Legal Profession (Federal Territories) Act 2019 · Updated to 5 Oct 2024 · Part VIII · Professional Practice, Etiquette, Conduct and Discipline of Peguam Syarie
65. Power to make rules in relation to opening and keeping of accounts, etc.
Feedback & supportThe Majlis Peguam Syarie may, with the approval of the Minister, make rules—
Peguam Syarie
“Peguam Syarie” means a Peguam Syarie who has been admitted as Peguam Syarie in the Syariah High Court and who has been registered under section 24;
to provide for the opening and keeping by a Peguam Syarie of accounts at any Islamic financial institution for clients’ moneys;
to provide for the keeping by a Peguam Syarie of accounts containing particulars and information as to moneys received, held or paid by a Peguam Syarie for or on behalf of his clients;
to provide for the opening and keeping by a Peguam Syarie who is a sole trustee or co-trustee with one or more of his partner or employee, of an account at any Islamic financial institution for any moneys trusted to him;
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to provide for the keeping by a Peguam Syarie of accounts containing particulars and information as to moneys received, held or paid by him for or on account of any such trust;
to provide for the keeping of money received for or on behalf of the client in a separate account for the benefit of the client; and
to empower the Majlis Peguam Syarie to take such action as may be necessary to enable it to ascertain whether the rules are being complied with or otherwise.
Nothing in this subsection, or in any rules made under this section, shall—
affect any arrangement in writing, whenever made, between a
Peguam Syarie and his client as to the application of the client’s moneys or interest; and
apply to moneys received by a Peguam Syarie being moneys subject to a trust of which he is a sole trustee or co-trustee with one or more of his partner or employee.
Disciplinary proceedings may be taken against any Peguam Syarie who fails to comply with any rules made under this section.
In this section, the words “trust” and “trustee” extend to implied and constructive trusts and to cases where the trustee has a beneficial interest in the trust property and to the duties incidental to the office of a personal representative, and “trustee”, where the context admits, includes a personal representative.