JULY 3 — I refer to the letter written by Arun Kasi, and published in Malaysiakini with the headline “Lawyers call for the LLP Act to be implemented” on 2 July 2018.
The Limited Liability Partnerships Act 2012 (“LLP Act”) came into force on 26 December 2012. The LLP Act allows for the incorporation of a legal firm as a Limited Liability Partnership (“LLP”) at inception, or the conversion of an existing partnership into an LLP. However, the Legal Profession Act 1976 (“LPA”) has to be amended to cater for LLPs, as it currently only contemplates advocates and solicitors practising through sole proprietorships and conventional partnerships.
The Bar Council understands that the necessary amendments to the LPA in respect of LLPs, with our feedback incorporated, had been finalised by the Attorney General’s Chambers (“AGC”) prior to the 14th General Election.
However, the previous Government deferred tabling these amendments, intending to do so together with other amendments to the LPA that were then being considered by the Special Consultative Committee chaired by the former Minister in the Prime Minister’s Department in charge of legal affairs, YB Datuk Seri Azalina Othman Said.
The Bar Council met the new Attorney General of Malaysia, Mr Tommy Thomas, on 11 June 2018 to discuss various matters of mutual interest and concern, including the issue of amendments to the LPA to include the LLP provisions. In light of the numerous other proposed amendments to the LPA, it was agreed that it would be prudent to revamp the LPA in a holistic and comprehensive manner, and not by way of piecemeal amendments. In light of the same, the Attorney General requested the Bar Council to submit a proposed revamped LPA to the AGC as soon as possible. The Bar Council has since begun work on revamping the LPA and intends to submit our proposal — which will include the provisions relating to LLP — to the AGC expeditiously.
The Bar Council recognises that the new Government promised substantial and significant legislative reform in its election manifesto that it must now deliver. We are cognisant that parliamentary legislative time is limited, and that the Government is looking at a whole host of legislative matters of national importance. We trust that the Government will table and pass the revamped LPA in a judicious and timely manner.
*George Varughese is president of the Malaysian Bar.
**This is the personal opinion of the writer and does not necessarily represent the views of Malay Mail.
