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← Legal Profession Act 1976

Legal Profession Act 1976 s 115

Legal Profession Act 1976 s 115

Some sections could not be extracted from the official PDF, so this text may be incomplete.

s 115 Advocate and solicitor entitled to costs of negotiation of mortgagor

(1) If a mortgage is made to an advocate and solicitor, either alone or jointly with any other person, he, or the firm of which he is a member, shall be entitled to recover from the mortgagor in respect of all business transacted and acts done by him or them in negotiating the loan, deducing and investigating the title to the property, and preparing and completing the mortgage, such usual costs as he or they would have been entitled to receive if the mortgage had been made to a person who was not an advocate and solicitor and the mortgagor had retained and employed him or them to transact that business and do these acts. (2) If a mortgage has been made to, or has become vested by transfer or transmission in, an advocate and solicitor either alone or jointly with any other person, and any business is transacted or acts are done by that advocate and solicitor, or by the firm of which he is a member, in relation to that mortgage or the security thereby created or the property comprised thereunder, then he or they shall be entitled to recover from the mortgagor on whose behalf the business was transacted or the acts were done, and to charge against the security, such usual costs as he or they would have been entitled to receive if the mortgage had been made to, and had remained vested by transfer or transmission in, a person who was not an advocate and solicitor and that mortgagor has retained and employed him to transact that business and do these acts. (3) In this section the word “mortgage” includes any charge on any property for securing money or money’s worth. Contentious Business

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Find Act 166 on lom.agc.gov.my ↗

Text as at 1 January 2006 (LOM reprint); amendments made after that date may not be incorporated.

Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).

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