Basically, in setting up a new legal firm, there are three basic steps. Firstly, we must have in possession a Practising Certificate and Sijil Annual. Secondly, we must choose the firm’s name and check with the Bar Council whether the name is possible or not. Thirdly, we must decide as to whether to operate as a sole proprietorship or a partnership. Specifically, according to Rule 7.06 of the Bar Council Ruling, any individual or individuals who wish(es) to set up a legal firm either as a sole proprietor or partnership shall inform the Bar Council in writing of his (their) intention to do so. This notice must be in writing and must be executed by the intending sole proprietor or all the intending partners. The notice shall contain a proposed name of the legal firm in accordance with section 85 of Legal Profession Act 1976, a proposed address of the new firm, a proposed date of commencement of operation of the new firm, a proposed telephone and the fax numbers & e-mail address of the new firm. The approval of the Bar Council is required for the proposed name of the new firm. If the proposed name is already a registered name of another legal firm or is not in accordance with section 85 of Legal Profession Act 1976, the Bar Council will issue a letter of objection to the proposed name. The intending sole proprietor or partners is/are required to submit a fresh name for approval. If the proposed name is not a registered name of another legal firm and is in accordance with section 85 of Legal Profession Act 1976, the Bar Council will issue a letter of no objection to compliance with some requirements. The requirements are that the intending sole proprietor or partners is/are in possession of current and valid Sijil Annual and Practising Certificates if applicable and the intending sole proprietor or partners has/have obtained the required Mandatory Professional Indemnity Insurance cover for the new firm. Upon the issuance of the letter of no...
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