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BAR COUNCIL MALAYSIA
SUBSCRIPTION AND LEVIES FAQs : 2009
The issue of sijil annual and practicing certificate is subject to payment
of all the
subscriptions fees and levies. Practising certificates are generally valid
from 1st
January to 31st December or from the date of the issue until the end of the
year.
The frequently asked questions include.
1. When is the annual subscription due?
The annual subscription to the Malaysian Bar shall be paid by 30th June each
year. If a member pays his annual subscription after 30th June, he will have
to
pay an additional amount, EQUIVALENT to the subscription due, as penalty.
2. If a penalty is incurred, can it be waived?
No, the penalty cannot be waived.
3. What payments are required to be made?
The annual Bar Council Subscription is in the sum of RM450.00 for the
period from 1st January to 31st December.
In addition to the said subscription, members are also required to pay annual
contributions towards:
Building Fund |
RM100.00 |
Legal Aid Centre |
RM100.00 |
Sports Fund |
RM10.00 |
LawCare Fund |
RM100.00 |
Payments towards the Compensation Fund levy of RM100.00 & Discipline
Fund levy payment of RM60.00 are required to be paid in advance when
applying for renewal of the Sijil Annual for the following year.
4. What is the mode of payment?
Payments are required to be made in three separate cheques.
The first cheque for RM760.00 shall be made payable to the “Bar Council”
which includes the payment for Subscription - RM450.00, Building Fund -
RM100.00, Legal Aid Centre - RM100.00, Sports Fund - RM10.00 and
Lawcare Fund - RM100.00.
Two further separate cheques are required to be made in respect of the “Bar
Council Compensation Fund” in the sum of RM100.00 and the “Bar
Council
Discipline Fund” in the sum of RM60.00.
The necessary Bank Commission for outstation cheques are required to be
included.
Kindly also ensure that details such as name and Membership number are
clearly written on the reverse of the cheques.
5. What are the payments required to be made if an advocate and solicitor
resumes practice at any part of a particular year?
Advocates and Solicitors who resume practice between 1st January – 30th
June
will be required to pay for the following:-
| a) |
Bar Council Subscription |
RM450.00 |
| b) |
Building Fund |
RM100.00 |
| c) |
Legal Aid Centre |
RM100.00 |
| d) |
Sports Fund |
RM 10.00 |
| e) |
LawCare Fund |
RM100.00 |
| f) |
Compensation Fund |
RM100.00 |
| g) |
Discipline Fund |
RM 60.00 |
Advocates and Solicitors who resume practice between 1st July – 31st
December
will be also required to pay in full for all subscription and contributions
except
for the Compensation Fund, as follows:-
| a) |
Bar Council Subscription |
RM450.00 |
| b) |
Building Fund |
RM100.00 |
| c) |
Legal Aid Centre |
RM100.00 |
| d) |
Sports Fund |
RM 10.00 |
| e) |
LawCare Fund |
RM100.00 |
| f) |
Compensation Fund |
RM 50.00 |
| g) |
Discipline Fund |
RM 60.00 |
What are the payments required to be made by a newly admitted advocate
and solicitor admitted at any part of the year?
| (i) |
If the date of admission is before 1st July, payments are
required to be
made by three separate cheques, the first cheque made payable to the
“ Bar Council” totaling RM760.00 being payment towards the
following:- |
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1) |
Bar Council Subscription
Building Fund
Legal Aid Centre
Sports Fund LawCare Fund
|
RM450.00
RM100.00
RM100.00
RM 10.00
RM100.00 |
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2) |
the second cheque made payable to the “Bar
Council
Compensation Fund” in the sum of RM100.00; and
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3) |
and the third cheque made payable to
the “Bar Council
Discipline Fund” in the sum of RM 60.00.
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| (ii) |
If the date of admission is between
1st July – 30th September, payments
are required to be made by three separate cheques, the first cheque
made payable to the “Bar Council” totaling M535.00 being payment
towards the following:-
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1) |
Bar Council Subscription Building Fund Legal Aid Centre Sports Fund LawCare
Fund |
RM225.00
RM100.00
RM100.00
RM 10.00
RM100.00 |
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2) |
the second cheque made payable to the “Bar
Council
Compensation Fund” in the sum of RM 50.00; and
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3) |
the third cheque made payable to the “Bar Council Discipline
Fund” in the sum of RM 60.00.
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| (iii) |
If the date of admission is between
1st October – 31st December,
payments are required to be made by three separate cheques, the first
cheque made payable to the “Bar Council” totaling RM310.00 being
payment towards the following:-
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1) |
Building Fund
Legal Aid Centre Sports Fund LawCare Fund |
RM100.00
RM100.00
RM 10.00
RM100.00 |
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2) |
the second cheque made payable to the “Bar
Council
Compensation Fund” in the sum of RM 50.00; and
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3) |
the third cheque made payable to the “Bar
Council Discipline
Fund” in the sum of RM 60.00.
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6. Can the Subscription fee and levies be paid by
instalments?
The Subscription fee and levies must be paid in full, by the specified due
date. There is no provision for deferred or periodic payment.
7. What are the consequences of failure to remit the Subscription fee and/
or levies?
The issue of a sijil annual/practising certificate is dependent on payment
of
all the subscription fee and the levies. If payment is not made in full,
no sijil
annual/practising certificate will be issued. It is an offence to practice
without
a practising certificate.
8. What if the practising certificate is only required for part of the
year?
Can a discount or refund be obtained?
Advocates and Solicitors who resume practice before 30th June must pay
the
full amount, there is no provision for discount or refund.
Advocates and Solicitors who resume practice after 30th June are required
to
pay RM50.00 instead of RM100.00 towards the Compensation Fund.
9. A member was issued with the Sijil Annual 2008. He ceased practice
on
15.1.2009. Is he required to pay the 2009 subscription of RM760/-?
Yes, even though he practised for only one day in the year 2009.
10. A member was issued with the Sijil Annual 2009. He ceased practice
on
15.12.2008. Is he entitled to a refund of the Compensation Fund and
Discipline Fund contributions for 2009 or should the same be transferred
to the following year when he resumes practice?
No refund would be available nor can the said amount be transferred
to the
following year.
11. A member ceased practice in April 2009 but did not inform the
Bar
Council. As he did not pay the 2009 subscription, a penalty was
imposed.
He then resumed practice in November 2009. Can the penalty be waived?
The penalty cannot be waived.
12. A member ceased practice in April 2009 but did not inform the
Bar
Council. As he did not pay the 2009 subscription, a penalty was
imposed.
He then resumed practice in March 2010. Can the penalty be waived?
The penalty cannot be waived. Members have a statutory duty to
notify the
Bar Council if they wish to cease practice.
13. A member ceased practice in April 2009 and informed the Bar
Council.
As he did not pay the 2009 subscription, a penalty was imposed.
He then
resumed practice in November 2009. Can the penalty be waived?
The penalty cannot be waived. Members have a statutory duty
to notify the
Bar Council if they wish to cease practice.
14. A member ceased practice in April 2009 and informed the
Bar Council.
As he did not pay the 2009 subscription, a penalty was imposed.
He then
resumed practice in March 2010.
Can the penalty be waived?
The penalty cannot be waived.
15. A member was issued with the Sijil Annual 2009. He ceased
practice on
30.12.2008. Is he required to pay the 2009 subscription
of RM760/-?
He must notify the Bar Council of his cessation of practice.
If he fails to do
so, he is required to pay the said subscription.
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