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Home arrow Laws arrow Bar Council Rulings arrow 12.02. Advocate and Solicitor acting as company secretary
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12.02. Advocate and Solicitor acting as company secretary PDF Print E-mail

(1) An Advocate and Solicitor shall notify the Bar Council within one (1) month of his first becoming a company secretary, or if he is already a company secretary, within one (1) month of the coming into effect of this Ruling.

(2) He shall perform his role as a company secretary within his full-time practice in a law firm.

(3) The fees for his secretarial work shall be paid to his law firm. The fees prescribed by the Malaysian Institute of Chartered Secretaries are to be used as a guide.

(4) He shall comply with the Etiquette Rules and all other applicable laws and Rulings whilst acting as a company secretary.

(5) In his conduct as a company secretary, he shall be subject to all disciplinary rules governing an Advocate and Solicitor.

(6) Where an Advocate and Solicitor is qualified to act as a company secretary by virtue of his holding a valid practising certificate, he shall cease to act as a company secretary when he ceases to practise as an Advocate and Solicitor, or when he does not hold a valid practising certificate; and he shall, upon ceasing to be a company secretary, notify the Bar Council within one (1) month of such cessation.

(7) Any law firm providing secretarial service may describe itself as providing company secretarial services on its letterhead.

(8) No Advocate and Solicitor is permitted to merely supervise a company secretarial firm, unless his law firm handles the secretarial work and secretarial fees are paid directly to the law firm.

 
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