Issuance of Annual Certificate
The Law Society is responsible to issue the Annual Certificate to an advocate within twenty eight (28) days of the receipt of an application for Annual Certificate if the Law Society is satisfied of the following:
- The application complies with sub-sections 7D and 7E and any rules made under section 7C
- The applicant is not disqualified from holding a Certificate to Practise under section 9A
- The applicant is not in arrears of any subscription or levy lawfully due to the Law Society under the Advocates Ordinance
- The advocate intends to practise under an approved name
An application for an Annual Certificate must be made in such form as prescribed by the Advocates (Issue of Annual Certificate) Rules 2017 and accompanied by the appropriate certificates or documents to confirm compliance with section 7C.
Disciplinary proceedings may be taken against any advocate who makes a false statement material to the application.
Supporting Documents for Annual Certificate
Pursuant to Rule 3 of Advocates (Issue of Annual Certificate) Rules 2017, an advocate must submit the following documents to support the advocate’s application for an Annual Certificate:
- An Accountant’s Report in the form prescribed under Advocates’ Accounts Rules 1988
- A copy of the previous Accountant’s Report submitted for renewal of the Certificate to Practise / Annual Certificate or if applicable:
a) in the case of an advocate’s application for a first Annual Certificate, a copy of the Court Order admitting the advocate to the Sabah Bar during the year in which the application for the Annual Certificate is made;
b) in the case of an exemption issued by the Chief Judge of the High Court in Sabah and Sarawak, a copy of the exemption issued;
c) in any other case, a statutory declaration affirmed by the advocate stating fully the circumstances excusing the advocate from delivering an Accountant’s Report and affirming that the advocate has not practised as an advocate during any period in which the advocate has not held a Certificate to Practise;
- A Statutory Declaration made pursuant to sub-rule 16(1) of the Advocates’Account Rules 1988 declaring, among others, that the advocate did not give any discount to anyone except to permitted persons; and
- A certified true copy of the bankruptcy search showing that the advocate is not a bankrupt.