Circular No 127/2012
Dated 18 June 2012

To Members of the Malaysian Bar

Rules on Cessation of, or Change in, Practice

Members are reminded that those who wish to cease practice, either on a permanent or temporary basis, or intend to practise with another firm, 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's Rules on Cessation of,or Change in, Practice.

In the following situations, kindly take the appropriate steps:

1 In the event of cessation of practice (permanent or temporary)
(a)Complete Part 1 of the "Notice of Cessation of Practice as an Advocate and Solicitor";
(i)If Member is a partner of a firm immediately before his/her cessation of practice,complete Part 2 D; or
(ii)If Member is a sole proprietor of a firm immediately before his/her cessation of practice, complete Part 2 E.
(b)Complete the statutory declaration before a Commissioner for Oaths;
(c)Ensure the completed forms are delivered and received by the Bar Council within 14 days of the change;
(d)Ensure there are no outstanding subscriptions or levies due to the Bar Council or State Bar Committee; and
(e)Notify the professional indemnity insurers via the insurance brokers (presently Jardine Lloyd Thompson) and State Bar Committee.

Failure to notify the Bar Council of your cessation of practice may result in the Bar Council taking the following action:
(a)Lodge a complaint with the Advocates and Solicitors Disciplinary Board against the Member for practising without a valid Sijil Annual and Practising Certificate;and
(b)Institute injunction proceedings to restrain the Member from practising without a valid Sijil Annual and Practising Certificate, in which case, the cost (which will be a minimum of RM1,500) will be borne by the Member.

2 In the event of change in practice
(a)Complete the "Form for Change of Address/Practice";
(b)Ensure the completed form is delivered and received by the Bar Council within 14 days of the change;
(c)Ensure there are no outstanding subscriptions or levies to the Bar Council or State Bar Committee; and
(d)Notify the professional indemnity insurers via the insurance brokers (presently Jardine Lloyd Thompson) and State Bar Committee.

Failure to notify the Bar Council of change in your practice may result in inaccurate or obsolete information being retained in your record with the Bar Council. This may in turn delay the future issuance of your Sijil Annual and Practising Certificate.

The "Notice of Cessation of Practice as an Advocate and Solicitor", the supporting statutory declaration and the "Form for Change of Address/Practice" are attached for your convenience. The forms are also available for download from the Malaysian Bar's website at www.malaysianbar.org.my under the "Resource Centre Frequently Used Forms" tab.

Should you require any clarification or assistance, kindly contact Veni Subramaniam (03-20502162; veni@malaysianbar.org.my) or Kwan Yin Cheng (03-2050 2163; yc.kwan@malaysianbar.org.my).

Thank you.

Tony Woon Yeow Thong
Secretary
Malaysian Bar

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