Circular No 188/2013

Dated 30 Aug 2013

To Members of the Malaysian Bar

Sijil Annual 2014

Pursuant to part III of the Legal Profession Act 1976, Practising Certificate and Sijil Annual shall be
renewed annually by every advocate and solicitor.

Members can obtain the Form of Application for Sijil Annual 2014 and the Application Form for
Practising Certificate 2014 (hereinafter collectively referred to as the “Application Forms”) by the
following means:

(1) Download the attachments that come with this circular; or

(2) Download a copy of the Application Forms from the Malaysian Bar website under the
Resources>Frequently Used Forms>Membership tab; or

(3) Collect a copy from their respective State Bar Committee (Kuala Lumpur and Selangor
Members may also collect their Application Forms from the Bar Council Secretariat).

A General

(1) To enable the Bar Council Secretariat to process your Application Forms, Members are
advised to do the following before submitting the Application Forms:

(a) Ensure the following payments have been made:

(i) 2013 Bar Council Subscription: RM450;

(ii) 2013 Bar Council Building Fund: RM100;
(iii) 2013 Bar Council Legal Aid Fund: RM100;
(iv) 2013 Bar Council Sports Fund: RM20;
(v) 2013 Bar Council LawCare Fund: RM100;
(vi) 2014 Bar Council Compensation Fund: RM100;
(vii) 2014 Bar Council Discipline Fund: RM60; and
(viii) Penalty pursuant to section 46(6) of the Legal Profession Act 1976 (if
applicable): RM450.

Subscription of RM450 for 2013 was to be paid on or before 30 June 2013. In the
event this payment was not made before 30 June 2013 and the Member was in
practice from 1 Jan to 30 June 2013, or any part thereof, an additional penalty
payment of RM450 has to be made pursuant to section 46(6) of the Legal Profession
Act 1976.

(b) Obtain the Professional Indemnity Insurance Cover 2014 from Jardine Lloyd
Thompson Sdn Bhd (“JLT”). Please contact JLT directly for all enquiries pertaining
to Professional Indemnity Insurance at:
 Jardine Lloyd Thompson Sdn Bhd
Suite 10.2 10th Floor Faber Imperial Court
21A Jalan Sultan Ismail
50250 Kuala Lumpur
Tel: 03-2723 3388
Fax: 03-2723 3301
www.praktis.com.my

Please take note that Members are no longer required to forward the receipts for the
payments in item A(1)(a) and the Professional Indemnity Insurance Schedule 2014
from JLT with their Application Forms, unless requested otherwise, as the Bar
Council Secretariat has upgraded its system and is able to check online that these
formalities have been complied with.

(2) To enable the Bar Council Secretariat to deal with your application expeditiously, kindly
submit your Application Forms with the supporting documents duly arranged in the order
listed in the attached SA Application 2014 Checklist, not later than 16 Oct 2013
(Wednesday).

(3) If a Member were to change firm after submission of the Application Forms but prior to the
issuance of his or her Sijil Annual and Practising Certificate 2014, a fresh set of Application
Forms should be submitted.

B Documents to be Submitted for Application of Sijil Annual and Practising Certificate

2014

The following documents are to be submitted for the application of Sijil Annual and Practising
Certificate 2014:

(1) SA Application 2014 Checklist duly completed (please refer to Attachment 1);

(2) Cheques for the payments stated in A(1)(a) only if the payments have not been made:

(a) In favour of “Bar Council Compensation Fund” for the year 2014 in the sum of
RM100;

(b) In favour of “Bar Council Discipline Fund” for the year 2014 in the sum of RM60;

(c) In favour of “Bar Council” in the sum of RM770 (for 2013 Bar Council Subscription
RM450, 2013 Bar Council Building Fund RM100, 2013 Bar Council Legal Aid Fund
RM100, 2013 Bar Council Sports Fund RM20, and 2013 Bar Council LawCare Fund
RM100); and

(d) In favour of “Bar Council” in the sum of RM450 if penalty payment is due.

Bar Council also accepts payment via:

(a) Internet banking (www.cimbclicks.com.my)

Access www.cimbclicks.com.my and log in with your user ID and password to make
payment online.

(b) Direct Access Malaysian Bar Credit Card (Visa/MasterCard)

Complete the Direct Access Malaysian Bar Credit Card Payment Authorisation Letter
and submit it by fax to 03-2031 8385 or by email to finance@malaysianbar.org.my.
 For more details about making payment, kindly refer to Circular No 090/2013 dated 11 Apr
2013.

For enquiries on payment, kindly call 03-2050 2050, press (3) for Finance and Accounts
Department and press (1) again.

(3) Application Form for Practising Certificate 2014 duly completed in capital letters (please
refer to Attachment 2);

(4) Form of Application for Sijil Annual 2014 duly completed (please refer to Attachment 3);

In the form, each Member is required to indicate:

(a) the actual address where he or she is practising at (at the section of the form that
states “State the address/es at which you practise or intend to practise”); and
(b) all address(es) of the other offices of the firm, if applicable (at the section of the form
that states “And at branch office/s”).

We urge all Members to provide us with their handphone number(s) and email address(es) to
enable the Bar Council to update its membership database and so that Members will not miss
out on urgent SMS blasts and e-circulars.

(5) State Bar Committee Certificates for:

(a) main office; and

(b) branch office(s) (only applicable to sole proprietor/partner with branch office(s));

confirming that there are no arrears in subscription(s) for 2013.

Where a firm has offices in more than one state, the sole proprietor or all partners of that firm
must be a member of all the relevant State Bar Committees where the offices are located, and
is/are required to submit the certificates confirming that there are no arrears in subscriptions.

(6) Statutory Declaration by:

(a) sole proprietor/partner (please refer to Attachment 4): or

(b) legal assistant/consultant (please refer to Attachment 5);

declaring, inter alia, the following salient points:

(a) personal details;

(b) nationality;
(c) details of current practice;
(d) details of gainful employment (if applicable);
(e) details of practice in other jurisdiction (if applicable);
(f) employment/unemployment history and if sole proprietor/partner, details of the client
account(s) maintained with reference to the following scenarios as the case may be:

Scenario 1 — Renewal
(If the applicant is in possession of a valid Sijil Annual and Practising Certificate
2013 and is submitting an application for renewal)

(i) The details of employment/unemployment history from 1 Jan 2012 until the
date of the Statutory Declaration; and
 (ii) If the applicant was a sole proprietor or partner during or part of the year of
2012: a declaration as to whether a client account was maintained from 1 Jan
2012 or not; the details of the client account(s) opened and closed from 1 Jan
2012 to the date of the Statutory Declaration; and an undertaking to notify if
there are any changes as provided by Solicitors’ Account Rules 1990.

or

Scenario 2 — Resumption of Practice

(If the applicant had ceased practice in 2013 or prior to the issuance of Sijil
Annual/Practising Certificate 2013 and is submitting an application to resume
practice)

(i) The details of employment/unemployment history from 1 January of the

preceding year that the applicant was last issued with a valid Sijil
Annual/Practising Certificate until the date of cessation of practice, and the
details of employment/unemployment history from the date of cessation of
practice to the date of the Statutory Declaration; and

(ii) If the applicant was a sole proprietor or partner during or part of the
abovementioned period, a declaration as to whether a client account was
maintained or not, and the details of the client account(s) opened and closed.

or

Scenario 3 — Newly Admitted

(If the applicant is applying for the issuance of Sijil Annual/Practising Certificate for
the first time)

(i) The date of admission and the period of unemployment until commencement
with legal firm.

Confirm that the Statutory Declaration is:

(a) signed by the applicant;
(b) affirmed in the presence of Commissioner for Oaths; and
(c) dated.

(7) Accountant’s Report 2012 is applicable to Members who were sole proprietors/partners from
1 Jan to 31 Dec 2012, or any part thereof, and maintained client account(s) for:

(a) main office; and

(b) branch office(s) (only applicable to sole proprietor/partner with branch office(s));

Each sole proprietor/partner is to submit a copy of the Accountant’s Report for the period
from 1 Jan to 31 Dec 2012 as an attachment to the Statutory Declaration in addition to the
report sent in by the Accountant, unless exempted by the Bar Council under rule 6 of the
Accountant’s Report Rules 1990.

The Accountant’s Report is required to be issued under the name of individual Members.

Members who have more than one office are required to ensure that the Accountant’s Report
covers all their offices and/or branches or separate Accountant’s Reports are submitted for
each and every office.
(8) Applicants who are applying for the issuance of Sijil Annual/Practising Certificate for the first
time must also submit the following documents:

(a) Two copies of the Order of Admission as an Advocate and Solicitor:

(i) If extracted by way of e-filing, under the seal of the High Court of Malaya; or
(ii) If not extracted by way of e-filing, certified true copy by the Registrar of the
High Court of Malaya; and

(b) Copy of the official receipt of the RM200 admission fee paid to the Advocates and
Solicitors Disciplinary Board.

C Additional Document to be Furnished

The following additional documents are to be furnished:

(1) Anti-Money Laundering and Anti-Terrorism Financing Act 2001 Compliance Report for
Legal Firms Confirmation Form (please refer to Attachment 6)

Bank Negara Malaysia (“BNM”), the competent authority under the Anti-Money Laundering
and Anti-Terrorism Financing Act 2001 (“AMLATFA”), has sought Bar Council’s assistance
to urge all legal firms to complete and submit an AMLATFA Compliance Report on BNM’s
e- SURVEY portal on a yearly basis. The Compliance Report is firm-based and only requires
a partner/managing partner/sole proprietor selected by the firm to make a submission on
behalf of the entire firm on BNM’s website.

Legal assistants or consultants are not required to complete this form. Firms that
commenced operation on or after 1 July 2013 are not required to complete and submit the
AMLATFA Compliance Report.

Should you have any enquiries, kindly contact Christina Gomez (03-2050 2087;
christina@malaysianbar.org.my) or Mohd Faizal Mahat (03-2050 2088).

(2) Continuing Professional Development (“CPD”) Record Sheet

At the 66th Annual General Meeting of the Malaysian Bar held on 10 Mar 2012, a resolution
regarding a mandatory Continuing Professional Development (“CPD”) Scheme for the
Malaysian Bar was adopted.

The CPD Scheme was implemented on a voluntary basis with effect from 1 July 2012 for the
first 24-month cycle. Those who were in practice on 1 July 2012 (and who have not received
exemption from the CPD Scheme on the basis of 30 years of practice, or aged 70 years and
above, or for medical grounds) are expected to accumulate 16 CPD points by 30 June 2014.
Those who came into practice or resumed practice after 1 July 2012 will be required to
accumulate a pro-rated number of CPD points during this cycle, as indicated in the table
below:

Date of Coming into Practice Pro-rated CPD Points

Before or from 1 July to 30 Sept 2012 16
1 Oct 2012 to 31 Dec 2012 14
1 Jan 2013 to 31 Mar 2013 12
1 Apr 2013 to 30 June 2013 10
1 July 2013 to 30 Sept 2013 8

We ask Members who have completed training programmes organised/conducted by any

other party other than Bar Council Malaysia/State Bar Committees to return the duly
 completed CPD Record Sheet which may be downloaded from the CPD website at
www.malaysianbar.org.my/cpd/?page_id=1864.

For more information about the CPD Scheme, please refer to Circular No 134/2012 dated 22
June 2012. Access www.malaysianbar.org.my/cpd/wp-content/uploads/2013/02/Final-
Computation-Table-CPD-Scheme-v06022013.pdf to view a copy of the updated CPD
Guidelines.

Should you have any enquiries, kindly contact the CPD Department by email at
cpd@malaysianbar.org.my or by telephone at 03-2050 2031.

D Collection Letters

The “Track Your Firm’s Sijil Annual/Practising Certificate Online” feature on the Malaysian
Bar website was introduced on 1 Sept 2011, to assist firms with the collection process. The
feature will enable an authorised representative of a firm to access the following information:

(a) Whether the Sijil Annual/Practising Certificate 2014 of each of the firm’s
practitioners is ready for collection;

(b) For firms in Kuala Lumpur or Selangor, whether the Sijil Annual/Practising
Certificate 2014 of each of the practitioners has been collected by the authorised
representative; and

(c) For firms in states other than Labuan, Kuala Lumpur or Selangor, whether the Sijil
Annual/Practising Certificate 2014 of each of the firm’s practitioners has been sent by
the Bar Council Secretariat to the respective State Bar Committees.

To date, 1,308 firms have been issued with user identification login (“user ID”) and password
to access this feature.

(1) The Bar Council Secretariat will send collection letters to firms when the Practising
Certificates of the firms’ practitioners are ready for collection (“Collection Letter”).

(2) An authorised representative (“Authorised Collector”) of the firm is required to bring

along an authorisation letter (“Authorisation Letter”) from the firm evidencing that
the person is authorised to collect the Practising Certificate(s), together with the
Collection Letter. Upon presentation of proof of identification, the Practising
Certificate(s) will be released to the Authorised Collector.

(3) Practising Certificate would not be released to individual Member unless the Member
is also the Authorised Collector.

For more details, please refer to Circular No 155/2012 dated 19 July 2012. Should you have
any enquiries, kindly contact Hemalatha Subramaniam (03-2050 2167) or Sree Gayithiri
Maruthuvellu (03-2050 2164), or send an email to tracksa@malaysianbar.org.my.

E Disciplinary Proceedings

Members are reminded that those who wish to cease practice either on a permanent or temporary
basis, are required to notify the Bar Council in accordance with section 31(2) of the Legal Profession
Act 1976, and to comply with the Bar Council Rules on Cessation of, or Change in, Practice
(“Rules”).
A copy of the Rules and the relevant forms can be obtained from the Bar Council Secretariat or
downloaded from the Malaysian Bar website under the Resources>Frequently Used
Forms>Membership tab.

Bar Council will institute disciplinary proceedings in 2014 against Members:

(1) from whom the Bar Council has not received the Sijil Annual and Practising Certificate 2014
Application Forms; or

(2) who have not been issued with Sijil Annual and Practising Certificates 2014 by 31 Jan 2014;

except against Members from whom the Bar Council has received their Notice of Cessation of
Practice supported with a Statutory Declaration as prescribed under the Rules.

Any costs incurred by the Bar Council in filing the disciplinary proceedings shall be borne by the
Member concerned.

Bar Council Membership Department

For Sijil Annual enquiries, kindly call 03-2050 2050, press (1) for Membership Department and press
(1) again.

Thank you.

Richard Wee Thiam Seng

Secretary
Malaysian Bar
Name: Ref: BC/ /
(as per NRIC) (Bar Council Membership No)
Messrs: _________________________________________________________________________________________________
ATTACHMENT 1

SA APPLICATION 2014 CHECKLIST

Please indicate your position:
Legal Assistant/Associate Partner Sole Proprietor Consultant

Kindly arrange your documents in the order set out below, to expedite the processing of your
application. Thank you for your cooperation.

No Applications are to be accompanied by the following Tick where For Bar

documents: applicable Council’s
office use
(1) SA Application 2014 Checklist duly completed.

(2) Cheques, stapled on top of the Application Forms if

payments have not been made. Skip this item and
complete the confirmation below if the following
payments have been made:

(a) In favour of “Bar Council Compensation Fund” CF CF

for the year 2014 in the sum of RM100;

(b) In favour of “Bar Council Discipline Fund” for DF DF

the year 2014 in the sum of RM60;

(c) In favour of “Bar Council” in the sum of RM770 SB SB

(for 2013 Bar Council Subscription RM450, 2013 BF BF
Bar Council Building Fund RM100, 2013 Bar LAC LAC
Council Legal Aid Fund RM100, 2013 Bar SF SF
Council Sports Fund RM20, and 2013 Bar LC LC
Council LawCare Fund RM100); and

(d) In favour of “Bar Council” in the sum of RM450 Penalty Penalty

if penalty payment is due.

Subscription of RM450 for 2013 was to be paid on or

before 30 June 2013. In the event this payment was not
made before 30 June 2013 and the Member was in
practice from 1 Jan to 30 June 2013, or any part thereof,
an additional penalty payment of RM450 has to be made
pursuant to section 46(6) of the Legal Profession Act
1976.
(3) Application Form for Practising Certificate 2014
(Borang Permohonan Sijil Amalan Tahun 2014) duly
completed in capital letters.

(4) Form of Application for Sijil Annual 2014 duly

completed.

In the form, each Member is required to indicate:

Page 1 of 4
Name: Ref: BC/ /
(as per NRIC) (Bar Council Membership No)
Messrs: _________________________________________________________________________________________________
(a) the actual address where he or she is practising at
(at the section of the form that states “State the
address/es at which you practise or intend to
practise”);
(b) all address(es) of the other offices of the firm, if
applicable (at the section of the form that states
“And at branch office/s”); and
(c) details of handphone number(s) and email
address(es).
(5) State Bar Committee Certificates for:
(a) main office; and Main Main
(b) branch office(s) (only applicable to sole
Branch Branch
proprietor/partner with branch office(s));
confirming that there are no arrears in subscription(s) for
2013.
Where a firm has offices in more than one state, the sole
proprietor or all partners of that firm must be a member of
all the relevant State Bar Committees where the offices
are located, and is/are required to submit the certificates
confirming that there are no arrears in subscriptions.

(6) Statutory Declaration by:

(a) sole proprietor/partner; or

(b) legal assistant/consultant;

declaring, inter alia, the following salient points:

(a) personal details;
(b) nationality;
(c) details of current practice;
(d) details of gainful employment (if applicable);
(e) details of practice in other jurisdiction (if
applicable);
(f) employment/unemployment history and if sole
proprietor/partner, details of client account(s)
maintained with reference to the following
scenarios as the case may be:

Scenario 1 — Renewal
(If the applicant is in possession of a valid Sijil
Annual and Practising Certificate 2013 and is
submitting an application for renewal)

(i) The details of employment/unemployment

history from 1 Jan 2012 until the date of
the Statutory Declaration; and

(ii) If the applicant was a sole proprietor or

partner during or part of the year of 2012:
a declaration as to whether a client
account was maintained from 1 Jan 2012
or not; the details of the client account(s)
opened and closed from 1 Jan 2012 to the
date of Statutory Declaration and an

Page 2 of 4
Name: Ref: BC/ /
(as per NRIC) (Bar Council Membership No)
Messrs: _________________________________________________________________________________________________
undertaking to notify if there are any
changes as provided by Solicitors’
Account Rules 1990.

or

Scenario 2 — Resumption of Practice

(If the applicant had ceased practice in 2013 or
prior to the issuance of Sijil Annual/Practising
Certificate 2013 and is submitting an application
to resume practice)

(i) The details of employment/unemployment

history from 1 January of the preceding
year that the applicant was last issued with
a valid Sijil Annual/Practising Certificate
until the date of cessation of practice, and
the details of employment/unemployment
history from the date of cessation of
practice to the date of the Statutory
Declaration; and

(ii) If the applicant was a sole proprietor or

partner during or part of the
abovementioned period, a declaration as
to whether a client account was
maintained or not, and the details of the
client account(s) opened and closed.

or

Scenario 3 — Newly Admitted

(If the applicant is applying for the issuance of
Sijil Annual/Practising Certificate for the first
time)

(i) The date of admission and the period of

unemployment until commencement with
legal firm.

Confirm that the Statutory Declaration is:

(a) signed by the applicant;
(b) affirmed in the presence of Commissioner for
Oaths; and
(c) dated.

(7) Accountant’s Report 2012 is applicable to Members

who were sole proprietors/partners from 1 Jan to 31 Dec
2012, or any part thereof, and maintained client account(s)
for:
(a) main office; and Main Main
(b) branch office(s) (only applicable to sole
proprietor/partner with branch office(s)). Branch(es) Branch(es)
Each sole proprietor/partner is to submit a copy of the

Page 3 of 4
Name: Ref: BC/ /
(as per NRIC) (Bar Council Membership No)
Messrs: _________________________________________________________________________________________________
Accountant’s Report for the period from 1 Jan to 31 Dec
2012 as an attachment to the Statutory Declaration in
addition to the report sent in by the Accountant, unless
exempted by the Bar Council under rule 6 of the
Accountant’s Report Rules 1990.
The Accountant’s Report is required to be issued under
the name of individual Members.
Members who have more than one office are required to
ensure that the Accountant’s Report covers all their
offices and/or branches or separate Accountant’s Reports
are submitted for each and every office.

(8) Applicants applying for the issuance of Sijil

Annual/Practising Certificate for the first time:

(a) Two copies of the Order of Admission as an

Advocate and Solicitor:
(i) If extracted by way of e-filing, under the
seal of the High Court of Malaya; or
(ii) If not extracted by way of e-filing,
certified true copy by the Registrar of the
High Court of Malaya; and
(b) Copy of the official receipt of the RM200
admission fee paid to the Advocates and Solicitors
Disciplinary Board.

(9) Anti-Money Laundering and Anti-Terrorism

Financing Act 2001 Compliance Report for Legal
Firms Confirmation Form duly completed.
(10) CPD Record Sheet duly completed.

I confirm that I have:

(1) made the following payments:

(a) 2013 Bar Council Subscription RM450 SB SB
(b) 2013 Bar Council Building Fund RM100 BF BF
(c) 2013 Bar Council Legal Aid Fund RM100 LAC LAC
(d) 2013 Bar Council Sports Fund RM 20 SF SF
(e) 2013 Bar Council LawCare Fund RM100 LC LC
(f) 2014 Bar Council Compensation Fund RM100 CF CF
(g) 2014 Bar Council Discipline Fund RM 60 DF DF
(h) Penalty pursuant to section 46(6) RM450 Penalty Penalty
of the Legal Profession Act 1976 (if applicable)
(2) obtained the Professional Indemnity Insurance Cover for
1 Jan to 31 Dec 2014 from Jardine Lloyd Thompson Sdn
Bhd.

Page 4 of 4
 BORANG PERMOHONAN SIJIL AMALAN TAHUN 2014
(MEMPERBAHARUI / PERTAMA KALI*)
PERHATIAN:
 Semua maklumat hendaklah diisi dengan LENGKAP dengan HURUF BESAR.
 * Potong mana yang TIDAK berkenaan.

KEPADA PEGUAM YANG MEMBUAT PERMOHONAN UNTUK PERTAMA KALI:

Sila sertakan dokumen-dokumen berikut:
i) Sijil Tahunan (Sijil Annual) asal yang dikeluarkan oleh Majlis Peguam;
ii) 2 salinan Perintah penerimaan masuk asal yang diakui sah; atau 2 salinan Perintah Penerimaan yang
dimuat turun dan dicetak dari E-Filing; dan
iii) Salinan resit bayaran-bayaran yang dikenakan di bawah Sek 28(3) dan 29(1)(c) di bawah Akta Profesion
Undang-Undang 1976.

BUTIR-BUTIR PEMOHON

a) Nama Penuh:
(Seperti dalam Kad Pengenalan)
b) No. Kad Pengenalan: (Baru) - - (Lama)
c) Kewarganegaraan:
d) Keturunan:
e) No. Pasport (Jika bukan warganegara Malaysia):
f) Alamat Rumah:

g) No. Telefon: -

KELAYAKAN AKADEMIK

a) Kelulusan (Diploma/Ijazah*):
b) Institusi:

PERINTAH PENERIMAAN MASUK SEBAGAI PEGUAMBELA & PEGUAMCARA

a) No. Petisyen:
b) Tarikh Diterima Masuk:
c) Nama Mahkamah Tinggi:

PERKHIDMATAN

a) No. Siri Sijil Tahunan Majlis Peguam: BC/

b) Nama Firma:
c) Alamat Firma:

d) No. Telefon: - No. Faks: -

e) Status Perkhidmatan (Bekerja sendiri/Rakan kongsi/Penasihat/Makan gaji*):
f) Nama-nama rakan kongsi atau peguam yang beramal di bawah/bersama* anda:

Saya mengaku bahawa butir-butir di atas adalah benar dan betul.

Tarikh:
Tandatangan Pemohon
 Ref: BC/ /
(Bar Council Membership No)
LEGAL PROFESSION ACT 1976

ADVOCATES AND SOLICITORS (ISSUE OF SIJIL ANNUAL) RULES 1978

FORM OF APPLICATION FOR SIJIL ANNUAL 2014

(To be returned to the Bar Council by 15-9-2013)

Complete full name ) I, …...……………………………………………………… Sex : ..…….….

and particulars ) (NRIC No: [Old] ) …………………….. (Date of Birth) …………………….
(NRIC No: [New] ) ……………………………………...
an advocate and solicitor

Delete as appropriate ) practising/intend to practise

Delete as appropriate ) as a partner in the name of Messrs …………………….…………..…………...

& complete the name ) …………………………………………….……………………………………..
under which you ) as a sole proprietor in the name of Messrs …………………………..………...
practise or intend to ) …………………………………………………………………………………...
practise ) as a legal assistant/associate in the name of Messrs …………………………...
…………………………………………………………………………………...

State the address/es at ) ……………………………………………………………………………………

which you practise or )
intend to practise ) ……………………………………………………………………………………
……………………………………………………………………………………
……………………………………………………………………………………
……………………………………………………………………………………
Tel No (Off)……………………………………………………………………...
Fax No (Off)……………………………………………………………………...
E-mail Address (Off) .....…………………………………………………………
And at branch office/s…………………………………………………………..
……………………………………………………………………………………
……………………………………………………………………………………
……………………………………………………………………………………
……………………………………………………………………………………

as a consultant at ..………………………………………………………….…..
……………………………………………………………………………………
……………………………………………………………………………………
……………………………………………………………………………………

Home Address …………………………………………………………………...

……………………………………………………………………………………
……………………………………………………………………………………
Tel No (House) …………………… Handphone No …………………………..
E-mail Address (Personal) ………………………..……………………………..

I shall notify the Bar Council if I intend during the year 2014 to maintain an office or branch office in any other
place or places in Malaysia.

And I hereby declare * that I –

(a) have not at any time been declared a bankrupt.

*
Those who have been declared a bankrupt or convicted in the preceding year, please give particulars for perusal of the
Bar Council.
(b) have not been convicted in Malaysia or elsewhere of a criminal offence which would render me unfit to
be a member of my profession, and in particular, but not limited to, an offence involving fraud or
dishonesty.

I hereby apply for the Sijil Annual in order to enable me to obtain a practising certificate in respect of the year
2014 and I enclose herewith the following documents:-

1. *accountant’s report in respect of the period 1.1.2012 to 31.12.2012 in the form prescribed under the
Accountant’s Report Rules 1990/evidence that I fall within the provisions of rule 6(2) of the
Accountant’s Report Rules 1990;

2. statutory declaration containing particulars of client’s account/s (including branch office/s) pursuant to
rule 13 of the Solicitors’ Account Rules 1990. Specimen attached;

3. a certificate for 2014 issued by the broker appointed by the Bar Council pursuant to the Legal
Profession (Professional Liability) (Insurance) Rules 1992 that I am insured under the Master Policy;

4. the sum of **one hundred ringgit only being my contribution to the Bar Council Compensation
Fund in respect of the year 2014 in accordance with Section 80(2) of the Legal Profession Act, 1976;

5. the sum of sixty ringgit only being my contribution to the Bar Council Discipline Fund in respect of
the year 2014 in accordance with Section 103H of the Legal Profession Act 1976;

6. receipts from the Bar Council in respect of my subscription and contribution to the various Funds for
the year 2013;

7. certificate/s from the ……………….…………………………………. Bar Committee/s in respect of

my subscription/s for the year 2013.

Please issue to me the Sijil Annual within twenty one (21) days of receipt of this Application Form.

I shall ensure that I am in possession of a Sijil Annual / Practising Certificate at all times especially when pupils
are undergoing pupillage. Should I at anytime for whatever reason not have a Sijil Annual / Practising
Certificate, I shall inform my pupil accordingly to enable him to make the necessary arrangements to continue
his pupillage with another master.

I shall comply with all requirements set out in the Solicitors’ Account Rules 1990, Solicitors’ Account (Deposit
Interest) Rules 1990 and the Accountant’s Report Rules 1990. I shall ensure that if I have more than one office I
will keep separate books of accounts and ensure that the accountant’s report covers all offices and/or branch
offices or have separate reports for each office/branch. Consequently I shall be responsible for producing clean
accountant’s reports for all my offices and that it is not acceptable for me to say that I am the partner in charge
of the office of one town and have nothing to do with the branch office in another town.

Dated: ………………………………… Signed: ………………………………………………………

Advocate & Solicitor

* Delete where inapplicable

** Half the amount if Practising Certificate is to be valid for less than six months
 ATTACHMENT 4

GUIDELINES FOR PREPARING STATUTORY DECLARATION

BY SOLE PROPRIETOR/PARTNER

Sole Proprietor/Partner
(1) If you are a Malaysian, please provide your name and details as per your Malaysian
identity card. If you are not a Malaysian, please provide details of your nationality
and passport number.

(2) Please provide details of your current status and place of practice.

(3) If you are gainfully employed elsewhere, please provide details of employment and
position held. If you are not gainfully employed elsewhere, please confirm the same.

(4) If you are in practice as an advocate and/or as a solicitor in any jurisdiction other than
in West Malaysia, please provide details and contact particulars of the place(s) of
practice and position(s).

(5) Please provide details of your employment/unemployment history with reference to

the following scenarios as the case may be:

Scenario 1 — Renewal
(If you are in possession of a valid Sijil Annual and Practising Certificate 2013 and
are submitting an application for renewal)

(a) The details of employment/unemployment history from 1 Jan 2012 until the date
of the Statutory Declaration.

or

Scenario 2 — Resumption of Practice

(If you had ceased practice in 2013 or prior to the issuance of Sijil Annual/Practising
Certificate 2013 and are submitting an application to resume practice)

(a) The details of employment/unemployment history from 1 January of the

preceding year that the applicant was last issued with a valid Sijil
Annual/Practising Certificate until the date of cessation of practice, and the
details of employment/unemployment history from the date of cessation of
practice to the date of the Statutory Declaration.

or

Scenario 3 — Newly Admitted

(If you are applying for the issuance of Sijil Annual/Practising Certificate for the first
time)

(a) The date of admission and the period of unemployment until commencement
with legal firm.

(6) If you practised as a sole proprietor or partner under the same style and name for the
accounting period from 1 Jan to 31 Dec 2012, or any part thereof, (hereinafter
referred to as “Accounting Period”), pursuant to rule 13 of the Solicitors’ Account
Rules 1990 you must affirm a Statutory Declaration declaring that during the
Accounting Period you maintained the client account(s) listed in your Accountant’s
Report and thereafter proceed to list any additional client account(s) maintained
from 1 Jan 2013 to the date of the Statutory Declaration. Please exhibit a copy
of the Accountant’s Report(s) (for ALL the offices).
 In the event that you did not maintain any client account(s) during the
Accounting Period or any part thereof and/or thereafter from 1 Jan 2013 to the
date of the Statutory Declaration, kindly state so.

(7) In the event a client account is only opened/closed in the current year or the number
of account has changed, please detail the facts in the Statutory Declaration as
prescribed in the form appearing immediately hereafter.

(8) If you practised under more than one name and style (eg as a sole proprietor and then
in partnership, or in more than one partnership) during the Accounting Period, please
list the details of ALL client account(s) maintained by EACH of the firm in your
Statutory Declaration.

(9) If you were a legal assistant during the entire Accounting Period but have since set
up practice either as a sole proprietor or in partnership, please narrate in your
Statutory Declaration that you were employed as a legal assistant during the entire
Accounting Period until the date of change in your status of practice from being a
legal assistant until the date of the Statutory Declaration (kindly refer to the
suggested format of Statutory Declaration for Legal Assistant in Attachment 5) and
also provide a list of ALL client account(s) currently maintained by your practice.

(10) If your firm had more than one branch during the Accounting Period, you are
required to exhibit the Accountant’s Report(s) which lists the client account(s)
maintained by ALL branches of the firm.

(11) Please ensure that the Statutory Declaration is:

(a) signed;
(b) affirmed in the presence of Commissioner for Oaths; and
(c) dated.
 FORM OF STATUTORY DECLARATION
[FOR SOLE PROPRIETOR/PARTNER]

I, …………………………………………………………. (NRIC No ……………………………), am a

citizen of Malaysia * or a citizen of ………. (Passport No ………) and an Advocate and Solicitor of
the High Court of Malaya. I do solemnly affirm and declare as follows:-

1. I am practising as a *sole proprietor/partner under the name of:-

Messrs at [please specify place of your practice] and
hereby undertake that I shall not practise in 2014 until I have been issued with a valid Sijil
Annual and Practising Certificate for 2014 in accordance with the provisions in Part III of the
Legal Profession Act 1976.

2. I am not gainfully employed elsewhere or *I am gainfully employed at …… (please specify

details of place of employment and position held).

3. I am practising as an advocate and solicitor only in West Malaysia or * I am practising as an

advocate and solicitor in West Malaysia as well as the following other jurisdictions:-

Place Name and Address of Practice Position

4. I was practising as a *sole proprietor/partner under the name of Messrs

_______________________ during the period between 1 January 2012 to 31 December 2012
(“Accounting Period”). *I did not maintain any client account during the Accounting Period/*
from ______ to ______ / I maintained the client account(s) as listed in my Accountant’s
Report(s) exhibited hereto.

5. I was/am practising as a *sole proprietor/partner under the name of Messrs

_____________________ from 1 January 2013 until the date of this Statutory Declaration.* I
did not maintain any client account from ______ to ______ / I maintained the client account
and currently maintain *the same client account(s) mentioned in paragraph 4 above and/the
additional client account(s) as follows:

NAME OF BANK(S) ADDRESS ACCOUNT NO REMARKS

XYZ Bank Berhad 10, Jalan Melaka, KL 56565-898988 opened on 1.6.2013

………NIL …………… ……NIL …………. ……NIL …….. …….NIL………………

(if no additional client account/s maintained)

6. I undertake to notify the Bar Council in writing of any changes in my client account(s) above
as provided under rule 13 of the Solicitors’ Account Rules 1990.

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the
provisions of the Statutory Declaration Act 1960.

Affirmed by the said …………………… )

at ……………………………………….. )
…………. day of …………… 2013/2014*)
Before me,
Commissioner for Oaths
NOTE

*Delete where inapplicable

In the event of any changes in your practice during the current year, kindly provide details of such
changes.
 ATTACHMENT 5

GUIDELINES FOR PREPARING STATUTORY DECLARATION

BY LEGAL ASSISTANT/CONSULTANT

Legal Assistant/Consultant
(1) If you are a Malaysian, please provide your name and details as per your Malaysian
identity card. If you are not a Malaysian, please provide details of your nationality
and passport number.

(2) Please provide details of your current status and place of practice.

(3) If you are gainfully employed elsewhere, please provide details of employment and
position held. If you are not gainfully employed elsewhere, please confirm the same.

(4) If you are in practice as an advocate and/or as a solicitor in any jurisdiction other than
in West Malaysia, please provide details and contact particulars of the place(s) of
practice and position(s).

(5) Please provide details of your employment/unemployment history with reference to

the following scenarios as the case may be:

Scenario 1 — Renewal
(If you are in possession of a valid Sijil Annual and Practising Certificate 2013 and
are submitting an application for renewal)

(a) the details of employment/unemployment history from 1 Jan 2012 until the date
of the Statutory Declaration.

or

Scenario 2 — Resumption of Practice

(If you had ceased practice in 2013 or prior to the issuance of Sijil Annual/Practising
Certificate 2013 and are submitting an application to resume practice)

(a) the details of employment/unemployment history from 1 January of the

preceding year that you were last issued with a valid Sijil Annual/Practising
Certificate until the date of cessation of practice and then the details of
employment/unemployment history from the date of cessation of practice to the
date of the Statutory Declaration.

or

Scenario 3 — Newly Admitted

(If you are applying for the issuance of Sijil Annual/Practising Certificate for the first
time)

(a) the date of admission and the period of unemployment until commencement with
legal firm.

(6) If you were a legal assistant/consultant during the accounting period from 1 Jan to 31
Dec 2012, or any part thereof, (hereinafter referred to as “Accounting Period”) and
are still employed as a legal assistant/consultant, you are to state the same in your
Statutory Declaration (see the Form of Statutory Declaration for Legal
Assistant/Consultant appearing hereafter).
(7) If you were a legal assistant/consultant during the Accounting Period but have since
set up practice either as a sole proprietor or in partnership, please narrate in your
Statutory Declaration that you were employed as a legal assistant during the
Accounting Period until the date of change in your status of practice from being a
legal assistant to the date of the Statutory Declaration and provide a list of ALL
client account(s) currently maintained by your practice (kindly refer to the suggested
format of Statutory Declaration for Sole Proprietor/Partner in Attachment 4).

(8) If you practised as a sole proprietor or in partnership for any period of time during
the Accounting Period, but are now employed as a legal assistant/consultant, you
should refer to Attachment 4 and exhibit the relevant Accountant’s Report(s) in your
Statutory Declaration listing ALL client account(s) maintained by EACH of the firm
in which you practised as a sole proprietor or partner during the Accounting Period.

Kindly amend Attachment 4 to reflect the period during which you practised as a
legal assistant until the current status.

(9) Please ensure that the Statutory Declaration is:

(a) signed;
(b) affirmed in the presence of Commissioner for Oaths; and
(c) dated.
 FORM OF STATUTORY DECLARATION
[FOR LEGAL ASSISTANT/CONSULTANT]

I, ……………………………………. (NRIC No…………………………..), am a citizen of Malaysia*

or a citizen of ………. (Passport No ………) and an Advocate and Solicitor of the High Court of
Malaya. I do hereby solemnly affirm and declare as follows:-

1. I am practising as a *legal assistant/consultant in Messrs [state current employment]

at [please specify place of your practice] _______________________and hereby
undertake that I shall not practise in 2014 until I have been issued with a valid Sijil Annual
and Practising Certificate for 2014 in accordance with the provisions in Part III of the Legal
Profession Act 1976.

2. I am not gainfully employed elsewhere or *I am gainfully employed at …… (please specify

details of place of employment and position held).

3. I am practising as an advocate and solicitor only in West Malaysia or * I am practising as an

advocate and solicitor in West Malaysia as well as the following other jurisdictions:-

Place Name and Address of Practice Position

4. During the period 1 January 2012 to __________ 2012, I was employed as a *legal
assistant/consultant in Messrs ___________________.

5. From ___________ 2012 to __________ 2012, I was not employed (if unemployed at any
time during 2012).

6. From ___________ 2012 to 31 December 2012, I was employed as a *legal

assistant/consultant in Messrs ______________________.

7. From 1 January 2013 to the date of this Statutory Declaration I was/am employed as a *legal
assistant/consultant in Messrs ____________________.

[NB: Please list your employment/unemployment history for the year of 2012 and thereafter until
the date of this Statutory Declaration. If you practised in more than one firm during such period, please
state all the firm names and the period during which you were practising thereat. If you were called to
the Bar after the Accounting Period, please state the date of admission and your period of
unemployment until you joined a legal firm. Please note that there should be no gaps in the narration
of your employment/unemployment history.]

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the
provisions of the Statutory Declaration Act 1960.

Affirmed by the said …………… )

at …………………………. the )
.… day of ……………. 2013/2014*)
Before me,
Commissioner for Oaths
NOTE

*Delete where inapplicable

In the event of any changes in your practice during the current year, kindly provide details of such
changes.
 ATTACHMENT 6

ANTI-MONEY LAUNDERING AND ANTI-TERRORISM FINANCING ACT 2001

COMPLIANCE REPORT FOR LEGAL FIRMS CONFIRMATION FORM

Bank Negara Malaysia (“BNM”), the competent authority under the Anti-Money Laundering and
Anti-Terrorism Financing Act 2001 (“AMLATFA”), has sought Bar Council’s assistance to urge all
legal firms to submit a Compliance Report online via BNM’s e-SURVEY portal on a yearly basis.
The Compliance Report is firm-based and only requires a partner/managing partner/sole proprietor
selected by the firm to make one submission on behalf of the entire firm on BNM’s website.

Instructions to Complete the e-Survey

If your firm had submitted the Compliance Report online during the 2011/2012 Sijil Annual renewal
exercise, then you may proceed to access BNM’s e-SURVEY* portal at https://esurvey.bnm.gov.my
using the same username and password to log in to submit the Compliance Report for 2013. If you
have forgotten the username and/or password, please send an email to fiu@bnm.gov.my.

(1) If your law firm did not submit the Compliance Report online during the 2011/2012 renewal
exercise, please request for a username and password by sending an email to
fiu@bnm.gov.my.

(2) When sending email to fiu@bnm.gov.my, please state the Subject as “Compliance Report
2013 — [insert name of Law Firm here]”. BNM will respond to your email with the
username and password, and a guide to complete and submit the Compliance Report.

* BNM’s e-SURVEY portal is only accessible from 15 Sept 2013.

Important Note: This attachment:

• MUST be completed by a firm’s partners/managing partner/sole proprietor together with
his/her Sijil Annual renewal documents submission, or latest by 31 Dec 2013;
• is NOT applicable to legal assistants or consultants; and
• is NOT applicable for new firms that commenced operation on/after 1 July 2013.

Firms are strongly urged to comply with this BNM requirement by completing the Compliance Report
online to ensure compliance with AMLATFA. Failure to comply could lead to BNM imposing more
intrusive directives on all law firms, including legal penalties for non-compliance.
……………………………………………………………………………………………………………
CONFIRMATION

I, _________________________________ (NRIC No_______________________), an advocate and

solicitor of the High Court of Malaya practising as a partner/sole proprietor of Messrs
_____________________________________________________________ do confirm that:

My firm has submitted the AMLATFA Compliance Report via BNM website on
[date of online submission] by [name of partner/sole proprietor who approved the
online submission]
_______________________________________________________________

My firm has not completed the AMLATFA Compliance Report on BNM website

…………………………………………………..
SIGNATURE