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Establishment of Society
37.—(1) A body called the Law Society of Singapore is established. (2) The Society is a body corporate with perpetual succession and a common seal, and with powers subject to the provisions of this Act —(a) to sue and be sued in its corporate name; (b) to acquire and dispose of property, both movable and immovable; and (c) to do and to perform any other acts that bodies corporate may by law perform.
Purposes and powers of Society
38.—(1) The purposes of the Society are —(a) to maintain and improve the standards of conduct and learning of the legal profession in Singapore; (b) to facilitate the acquisition of legal knowledge by members of the legal profession and others; (c) to assist the Government and the courts in all matters affecting legislation submitted to it, and the administration and practice of the law in Singapore; (d) to represent, protect and assist members of the legal profession in Singapore and to promote in any manner the Society thinks fit the interests of the legal profession in Singapore; (e) to establish a library and to acquire or rent premises to house the library, offices of the Society or amenities for the use of members; (f) to protect and assist the public in Singapore in all matters touching on, or ancillary or incidental to the law; (g) to make provision for or assist in the promotion of a scheme whereby impecunious persons on non‑capital charges are represented by advocates; (h) to grant prizes and scholarships and to establish and subsidise lectureships in educational institutions in subjects of study relating to law; (i) to grant pecuniary or other assistance to any association, institute, board or society in Singapore in the interests of the profession of law or of students for that profession; (j) to afford pecuniary and other assistance to members or former members and to the wives, widows, children and other dependants, whether of members, former members or deceased members who are in need of any such assistance; (k) to promote good relations and social intercourse among members and between members and other persons concerned in the administration of law and justice in Singapore; and (l) to establish and maintain good relations with professional bodies of the legal profession in other countries and to participate in the activities of any international association and become a member thereof. (2) In addition to the powers given by the other provisions of this Act, the Society may —(a) purchase or lease any land or building required for any of the purposes of the Society; (b) sell, surrender, lease, exchange or mortgage any land or building as may be found most convenient or advantageous; (c) borrow money whether by way of bank overdraft or otherwise for such of the purposes of the Society as the Society may consider desirable; (d) exercise such powers or functions as may be conferred upon the Society by this Act or any other written law; and (e) do all other things incidental or conducive to the achievement or betterment of the purposes of the Society. (3) In addition to rules that may be made by the Society under the other provisions of this Act, the Society may, subject to the provisions of this Act, make rules for giving effect to this Part.
Membership
39. The membership of the Society consists of the following:(a) all advocates and solicitors who are members of the Society by reason of section 40; (b) all foreign lawyers who —(i) are members of the Society by reason of section 40A(1); or (ii) are admitted to membership of the Society under section 40A(2); (ba) all lawyers (NP) who are members of the Society by reason of section 40B;[Act 37 of 2023 wef 17/04/2025] (c) all persons who are admitted to membership of the Society under section 41; and (d) all persons who are elected as honorary members under section 42.[40/2014]
Practising solicitors to be members
40.—(1) Every advocate and solicitor who has in force a practising certificate becomes without election, admission or appointment a member of the Society and remains a member under this section so long and only so long as he or she has in force a practising certificate. (2) Every advocate and solicitor who has in force a practising certificate on the last day of March in any year is deemed to continue to be a member until the last day of April in that year. (3) Every advocate and solicitor who is a member of the Society under subsection (1) is called in this Act a practitioner member.
Associate members
40A.—(1) Every foreign lawyer who —(a) is registered under section 36B or 36D; or (b) is granted an approval under section 176(1), becomes, without election, admission or appointment, a member of the Society and remains a member under this section so long and only so long as his or her registration or approval (as the case may be) continues in force. [40/2014] (2) Every foreign lawyer who —(a) is registered under section 36C but does not have an approval under section 176(1); and (b) applies for membership of the Society in the prescribed manner, is admitted as a member of the Society and remains a member under this section so long and only so long as his or her registration continues in force. [40/2014] (3) Every foreign lawyer who is a member of the Society under subsection (1) or (2) is called in this Act an associate member.[40/2014]
Lawyers (NP) with provisional practising certificates to be members
40B.—(1) Every lawyer (NP) who has in force a provisional practising certificate becomes without election, admission or appointment a member of the Society and remains a member under this section so long and only so long as he or she has in force a provisional practising certificate. (2) Every lawyer (NP) who is a member of the Society under this section is called in this Act a provisional practitioner member.[Act 37 of 2023 wef 17/04/2025]
Non-practitioner members
41.—(1) Subject to subsections (3) and (4), any of the following persons who applies for membership of the Society in the prescribed manner is to be admitted as a member of the Society:(a) any advocate and solicitor who does not have in force a practising certificate; (b) any lawyer (NP) who does not have in force a provisional practising certificate;[Act 37 of 2023 wef 17/04/2025] (c) any qualified person, not being an advocate and solicitor mentioned in paragraph (a), or a lawyer (NP) mentioned in paragraph (b).[Act 37 of 2023 wef 17/04/2025] [40/2014] (1A) Subject to subsection (5), any of the following persons (not being an advocate and solicitor mentioned in subsection (1)(a), a lawyer (NP) mentioned in subsection (1)(b), a foreign lawyer mentioned in section 40A, or a qualified person mentioned in subsection (1)(c)) may be admitted as a member of the Society on his or her application in the prescribed manner to the Society:(a) any member of the academic staff —(i) of the Faculty of Law of the National University of Singapore; (ii) of the School of Law of the Singapore Management University; (iia) of the School of Law of the Singapore University of Social Sciences; or (iii) of any department in any institution of higher learning in Singapore who teaches law in that department; (b) any person resident in Singapore who is recognised, by a foreign authority having the function conferred by law of authorising or registering persons to practise law in a state or territory other than Singapore, to be eligible to practise law in that state or territory; (c) any person resident in Singapore who is attending a course of study leading to a qualification prescribed under section 2(2).[Act 37 of 2023 wef 17/04/2025] [40/2014; 16/2016; 30/2017] (2) Every person who is a member of the Society under subsection (1) or (1A) is called in this Act a non‑practitioner member. (3) Subsection (1) does not apply to —(a) an advocate and solicitor —(i) who has been struck off the roll of advocates and solicitors, or whose name has been removed from that roll under section 100; and[Act 37 of 2023 wef 17/04/2025] (ii) whose name has not been replaced on that roll under section 102;[Act 37 of 2023 wef 17/04/2025] (b) an advocate and solicitor who has been suspended from practice, for so long as the suspension remains in force;[Act 37 of 2023 wef 17/04/2025] (c) a lawyer (NP) —(i) who has been struck off the roll of lawyers (NP), or whose name has been removed from that roll under section 100; and (ii) whose name has not been replaced on that roll under section 102B;[Act 37 of 2023 wef 17/04/2025] (d) a lawyer (NP) who is subject to an order in section 98 (read with section 82A or 83(3)) prohibiting him or her from applying to the court for admission as an advocate and solicitor until after a date specified in the order, that is still in force; or[Act 37 of 2023 wef 17/04/2025] (e) a qualified person or a lawyer (NP) who has been prohibited under section 83(3) from applying to the court for admission as an advocate and solicitor, for so long as the prohibition remains in force.[Act 37 of 2023 wef 17/04/2025] [40/2014] (4) A person admitted as a member of the Society under subsection (1) ceases to be a member if —(a) being an advocate and solicitor mentioned in subsection (1)(a) —(i) he or she is struck off the roll of advocates and solicitors or suspended from practice; or[Act 37 of 2023 wef 17/04/2025] (ii) his or her name is removed from that roll under section 100;[Act 37 of 2023 wef 17/04/2025] (b) being a lawyer (NP) mentioned in subsection (1)(b), he or she has been struck off the roll of lawyers (NP), or has had his or her name removed from that roll under section 100; or[Act 37 of 2023 wef 17/04/2025] (c) being a lawyer (NP) mentioned in subsection (1)(b) or a qualified person mentioned in subsection (1)(c), he or she is prohibited from applying to the court for admission as an advocate and solicitor.[Act 37 of 2023 wef 17/04/2025] [40/2014] (5) A person admitted as a member of the Society under subsection (1A)(c) ceases to be a member when he or she becomes a qualified person.
Honorary members
42. The Council may elect as honorary members of the Society such persons as it may think fit, either for life or for such period as the Council may in any case consider appropriate.
Privileges of membership
43.—(1) Subject to this section and section 44, all members have the same rights and privileges. (2) Only practitioner members are eligible to attend and vote at any general meeting but only those practitioner members who are citizens of Singapore may be elected to the Council. (3) Practitioner members may by a resolution exclude from a general meeting of the Society or any part thereof all other members.
Expulsion and suspension of rights and privileges
44.—(1) Subject to subsection (2), any member of the Society, other than an honorary member, may in the prescribed manner, and upon such grounds, after being given a reasonable opportunity to answer all allegations made against him or her —(a) be expelled from membership; or (b) be deprived of any one or more rights and privileges of membership. (2) A practitioner member must not be expelled from membership so long as he or she has in force a practising certificate. (3) An associate member must not be expelled from membership so long as his or her registration under section 36B, 36C or 36D, or the approval given to him or her under section 176(1), continues in force. (4) A provisional practitioner member must not be expelled from membership so long as he or she has in force a provisional practising certificate.[Act 37 of 2023 wef 17/04/2025] [40/2014]
Termination of membership
45. Any member of the Society, other than an honorary member, who ceases to be qualified for membership then ceases to be a member.
Annual subscription to Society
46.—(1) The amount of the annual subscription payable by members of the Society must, subject to subsection (4), be fixed by the Council. (1A) The subscription is payable to the Society by every solicitor in each year when he or she applies for a practising certificate.[40/2014] (1B) The subscription is payable to the Society by an associate member —(a) if he or she is registered under section 36B or 36D, or is granted an approval under section 176(1) —(i) not later than 14 days after the date on which he or she becomes a member of the Society under section 40A(1); and (ii) in each subsequent year in which his or her registration or approval (as the case may be) continues in force, not later than the anniversary of the date mentioned in sub‑paragraph (i); or (b) if he or she is registered under section 36C and is admitted as a member of the Society under section 40A(2) —(i) not later than 14 days after the date on which he or she is admitted as a member of the Society under section 40A(2); and (ii) in each subsequent year in which his or her registration continues in force, not later than the anniversary of the date mentioned in sub‑paragraph (i).[40/2014] (1C) [Deleted by Act 8 of 2011] (1D) [Deleted by Act 8 of 2011] (2) Subject to this section, in fixing the amount of the subscription, the Council is at liberty to divide members into classes, and to provide that different amounts must be paid by different classes and for different periods and generally to regulate, and to vary, the subscriptions payable by members or by different classes of members, as the Council may think fit. (3) The subscriptions payable by non‑practitioner members must not at any time exceed the lowest subscription payable by practitioner members for the corresponding period.[40/2014] (3A) The subscriptions payable by associate members must not at any time exceed the highest subscription payable by practitioner members for the corresponding period.[40/2014] (4) The Council may fix levies payable by practitioner members and associate members for any of the purposes of the Society.[40/2014] (5) The total of the annual subscription payable under subsection (1), the levies payable under subsection (4) and the annual contribution payable under section 75 (if applicable) must not in any calendar year exceed $500 per practitioner member or provisional practitioner member without the approval of a general meeting of the Society.[Act 37 of 2023 wef 17/04/2025] (6) Within one week of the end of each month, the Society must, out of each annual subscription received by the Society during that month, pay to the Institute —(a) in the case of a subscription paid by a practitioner member of not less than 5 years’ standing, a sum of $120; (b) in the case of a subscription paid by a practitioner member of less than 5 years’ standing, a sum of $60; and (c) in the case of a subscription paid by an associate member, a sum of $50.[8/2011; 40/2014]
Council
47.—(1) For the proper management of the affairs of the Society and for the proper performance of its functions under this Act, there is to be a Council. (2) The Council consists of statutory members and elected members as provided in sections 48 and 49.
Statutory members
48.—(1) The following persons are statutory members of the Council each time it is constituted:(a) the immediate past president of the Society; (b) not more than 3 advocates and solicitors appointed by the Minister to sit on the Council; and (c) not more than 3 advocates and solicitors appointed by the Council to sit on the Council as soon as practicable after it is constituted. (2) Every member of the Council appointed by the Minister under subsection (1)(b) or by the Council under subsection (1)(c) holds office for a term of 2 years and may, from time to time, be re‑appointed.
Elected members
49.—(1) There are to be 15 elected members of the Council consisting of —(a) 7 practitioner members, each of whom is an advocate and solicitor of not less than 15 years’ standing on the day of his or her nomination for election to the Council; (b) 4 practitioner members, each of whom is an advocate and solicitor of less than 15 years’ but not less than 5 years’ standing on the day of his or her nomination for election to the Council; and (c) 4 practitioner members, each of whom is an advocate and solicitor of less than 5 years’ standing on the day of his or her nomination for election to the Council.[16/2016] (2) Subject to the provisions of this Act, every elected member of the Council holds office as a member of the Council for 2 years. (3) Subject to subsection (4), a practitioner member who has been struck off the roll of advocates and solicitors or suspended from practising as an advocate and solicitor for a period of 6 months or more or has been convicted of an offence involving fraud or dishonesty is not eligible for election or appointment as a member of the Council.[Act 37 of 2023 wef 17/07/2024] (4) A practitioner member may, after a period of 5 years following the date of his or her conviction or the date he or she was reinstated to the roll of advocates and solicitors or the date of the expiry of his or her suspension, whichever is the later, with the permission of a court of 3 Supreme Court Judges, one of whom must be the Chief Justice, be eligible for election or appointment as a member of the Council.[40/2019] [Act 25 of 2021 wef 01/04/2022] [Act 37 of 2023 wef 17/07/2024] (5) Where an application for permission under subsection (4) has been refused, the applicant is not entitled to make another application under that subsection within a period of 5 years from the date the firstmentioned application was dismissed.[Act 25 of 2021 wef 01/04/2022] (6) An application for permission under subsection (4) must be made by originating application.[Act 25 of 2021 wef 01/04/2022] (7) The court of 3 Judges is not to give permission under subsection (4) unless —(a) notice of intention to apply therefor and all documents in support thereof have been served at least 14 clear days before the date of the hearing on the Attorney‑General and on the Society, either or both of whom may be represented at the hearing of, and may oppose, the application; (b) the applicant satisfies the court that his or her conduct since his or her conviction, striking‑out or suspension did not make him or her unfit to be a member of the Council; and (c) the applicant exhibits affidavits of at least 2 practitioner members who are and have been in active practice in Singapore for a total of not less than 5 out of the 7 years immediately preceding the date of the application attesting to the applicant’s good behaviour from the date of his or her conviction, striking‑out or suspension and stating whether in their opinion he or she is a fit and proper person to be a member of the Council.[Act 25 of 2021 wef 01/04/2022] (8) A practitioner member must, before his or her election or appointment as a member of the Council, file a declaration with the Society stating that he or she is not disqualified from holding office as a member of the Council by virtue of subsection (3) or, if he or she is so disqualified, stating that he or she has obtained the permission of the court under subsection (4) for election or appointment as a member of the Council.[Act 25 of 2021 wef 01/04/2022] (9) Any person who contravenes subsection (8) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000. (10) Whenever it is necessary for any reason to elect all the elected members of the Council at an annual election —(a) 3 members specified in subsection (1)(a); (b) 2 members specified in subsection (1)(b); and (c) 2 members specified in subsection (1)(c), chosen by lot at the first meeting of the Council after the election are to hold office for only one year. (11) Every elected member of the Council is eligible for re‑election if he or she is qualified to be a candidate.
Compulsory voting
50.—(1) Every advocate and solicitor who has in force a practising certificate on the date of nomination as provided in section 51 must vote for the election of the members of the Council as follows:(a) if he or she is an advocate and solicitor of not less than 15 years’ standing, he or she must vote for the election of the members of the Council under section 49(1)(a); (b) if he or she is an advocate and solicitor of less than 15 years’ but not less than 5 years’ standing, he or she must vote for the election of the members of the Council under section 49(1)(b); (c) if he or she is an advocate and solicitor of less than 5 years’ standing, he or she must vote for the election of the members of the Council under section 49(1)(c).[16/2016] (2) Every advocate and solicitor who is required to vote for the election of the members of the Council in accordance with subsection (1) and who fails to do so is not entitled to apply for a practising certificate unless he or she —(a) satisfies the Registrar that he or she was not in Singapore at the time of the election or had a good and sufficient reason for not voting at the last election to the Council; or (b) pays a penalty of $500 to the Society.[22/2018]
Elections
51.—(1) The Council must, in the month of September every year, fix and publish before the end of that month —(a) the date of nomination which must be between the 8th day and the 15th day (both days inclusive) of the month of October that year;[Act 37 of 2023 wef 14/06/2024] (b) the date of election which must be between the 22nd day and the 31st day (both days inclusive) of the month of October that year; and[Act 37 of 2023 wef 14/06/2024] (c) [Deleted by Act 16 of 2016] (d) the names of 3 scrutineers.[16/2016] (2) The annual election of the members of the Council must take place within 21 days after the annual general meeting and must, subject to section 53, be conducted in such manner as may be prescribed by rules made under section 59 on the date fixed by the Council in accordance with subsection (1).[16/2016] (3) If for any reason whatsoever it is necessary to elect all the elected members of the Council, the Council must fix and publish —(a) the date of nomination which must be at least 7 days but not more than 15 days from the date of the notice notifying members of the election; (b) the date of the election which must be at least 10 days but not more than 15 days from the date of nomination; and (c) [Deleted by Act 16 of 2016] (d) the names of 3 scrutineers.[16/2016] (4) The election under subsection (3) must, subject to section 53, be conducted in such manner as may be prescribed by rules made under section 59 on the date fixed by the Council in accordance with that subsection.[16/2016] (5) Any accidental failure on the part of the Council to comply with this section or any rules made with respect to elections to the Council does not invalidate an election.
Nominations
52. Every nomination of a candidate for election —(a) must be of a person qualified to be a candidate under section 49; (b) must be in writing signed by not less than 2 persons qualified in a like manner under section 49 as the candidate nominated; and (c) must name only one candidate whose consent must be endorsed thereon.
Insufficient nominations
53.—(1) If only so many candidates are nominated for election to the Council as are required to be elected, those candidates are deemed to be elected; if fewer, the candidates nominated are deemed to have been elected and they together with the statutory members of the Council and the continuing elected members of the Council (if any) must appoint further members to complete the required number to satisfy the requirements of section 49(1). (2) If, at any election to be held under section 51(3), no nominations are made for the election of members of the Council, the Chief Justice, after consulting the statutory members of the Council (if any) must appoint to be members of the Council a sufficient number of persons who satisfy the requirements as to standing set out in section 49(1). (3) Members of the Council appointed under subsections (1) and (2) are deemed for all purposes of this Act to be elected members.
Council’s term of office
54.—(1) Every Council of the Society constituted after an annual election takes office on 1 January after that election and holds office until 31 December in that year or, if such is the case, until a Council takes office under subsection (2). (2) Every Council constituted after an election under section 51(3) or after appointments made under section 53(2) takes office from the day on which the members of that Council were elected or appointed (as the case may be) and holds office until 31 December next following.
Casual vacancies
55.—(1) Any casual vacancy arising among the elected members of the Council must be filled with all convenient speed by the Council by the appointment of a person qualified under section 49 as may be necessary, and any such new member holds office for so long as the member in whose place he or she is appointed would have held office. (2) The continuing members of the Council may act provided there is a quorum despite any vacancy in the Council. (3) No act done by or by the authority of the Council is invalid in consequence of any defect that is afterwards discovered in the election or qualification of the members or any of them.
President, vice‑presidents and treasurer
56.—(1) There is to be a president, 2 vice‑presidents and a treasurer of the Society who are elected by —(a) members and members-elect of the Council taking office in either case on 1 January after an annual election under section 54(1) from among those members at a meeting of the Council before that date; or (b) members of the Council taking office under section 54(2) from among those members at the first meeting of the Council. (2) If any casual vacancy arises in respect of the office of the president, a vice‑president or the treasurer of the Society, the Council must, at its next meeting or as soon as possible thereafter, elect one of its members to fill the vacancy. (3) The president of the Society, or in his or her absence a vice‑president of the Society nominated by the president, is the chairperson of the Council and presides at all meetings of the Council and of the Society. (4) In the absence of the president and the vice‑presidents of the Society, the Council or the Society (as the case may be) must elect a chairperson from among the respective members.
Vacation of office of member of Council
57.—(1) A statutory member of the Council must vacate his or her office if —(a) he or she has been struck off the roll of advocates and solicitors or suspended from practising as an advocate and solicitor or has been convicted of an offence involving fraud or dishonesty;[Act 37 of 2023 wef 17/07/2024] (b) he or she has a mental disorder and becomes incapable of managing himself or herself or his or her affairs; (c) he or she is an undischarged bankrupt; (d) he or she has entered into a composition with his or her creditors or a deed of arrangement for the benefit of his or her creditors; or (e) he or she has one or more outstanding judgments against him or her amounting in the aggregate to $100,000 or more which he or she has been unable to satisfy within 6 months from the date of the earliest judgment.[21/2008] (2) An elected member must vacate his or her office in any of the circumstances specified in subsection (1) and must also vacate his or her office if —(a) being elected under section 49(1), he or she ceases for any reason to have in force a practising certificate; (b) he or she resigns his or her seat on the Council; or (c) he or she is absent from 3 consecutive meetings of the Council without its consent. (3) For the purposes of subsection (2), a person appointed under section 53(1) and (2) or 55(1) is deemed to have been elected under section 49(1). (4) Subsections (1) and (2) do not apply to a member of the Council who has obtained the permission of the court under section 49(4) prior to his or her election or appointment as a member of the Council.[Act 25 of 2021 wef 01/04/2022]
General powers of Council
58.—(1) The management of the Society and of its funds vests in the Council. (2) All such powers, acts or things as are not by this Act expressly authorised, directed or required to be exercised or done by the Society in a general meeting may, subject to the provisions of this Act or any resolution passed by the Society in the general meeting, be exercised or done by the Council. (3) No resolution of the Society passed under subsection (2) invalidates the previous exercise of any power or the previous doing of any act or thing by the Council which would have been valid if the resolution had not been passed.
Specific powers of Council
59.—(1) Without limiting the general powers conferred by section 58 or the specific powers to make rules conferred by any other provision of this Act, the Council has power —(a) to make rules to provide for all matters not expressly reserved to the Society in general meeting whether they are expressed among its powers or not; (aa) without limiting paragraph (a), to make rules relating to the provision of services, by members of the Society, other than for or in expectation of any fee, gain or reward; (b) to answer questions affecting the practice and etiquette of the profession and the conduct of members of the profession; (c) to take cognizance of anything affecting the Society or the professional conduct of its members and to bring before any general meeting of the Society any matter which it considers material to the Society or to the interests of the profession and make any recommendations and take any action it thinks fit in relation thereto; (d) to examine and if it thinks fit to report upon current or proposed legislation submitted to it and any other legal matters; (e) to represent members of the Society or any section thereof in any matter which may be necessary or expedient; (f) to found prizes and scholarships for students of law and to lay down the conditions for their award as it thinks fit; (g) to appoint in its discretion such officers, clerks, agents and servants for permanent, temporary or special services as it may think fit and to determine their duties and terms of service; (h) to purchase, rent or otherwise acquire and furnish suitable premises for the use of the Society; (i) to communicate with other similar bodies and with members of the profession in other places for the purpose of obtaining and communicating information on all matters likely to prove beneficial or of interest to members; (j) to institute, conduct, defend, compound or abandon any legal proceedings by and against the Society or its officers or otherwise concerning the affairs of the Society and to compound and allow time for payment or satisfaction of any debts due or of any claims or demands made by or against the Society; (k) to refer any claims or demands by or against the Society to arbitration and to observe and perform every award made as a result of the arbitration and to nominate arbitrators if so requested; (l) to make and give receipts, releases and other discharges for moneys payable to and for claims and demands of the Society; (m) to invest the moneys of the Society in such manner as it thinks fit and engage in any financial activity or participate in any financial arrangement for the purpose of managing or hedging against any financial risk that arises or is likely to arise from such investment; (n) to form or participate in the formation of any company for the purpose of carrying out all or any of the functions of the Society; (o) to borrow or raise money by bank overdraft or otherwise by the issue of debentures or any other securities founded or based upon all or any of the property and rights of the Society or without any such security and upon such terms as to priority or otherwise as the Council thinks fit; and (p) to exercise all such powers, privileges and discretions as are not by this Act expressly and exclusively required to be exercised by the members of the Society in general meeting.[40/2014] (2) Rules made by the Council under this section come into operation only after they have been approved by the Chief Justice. (3) The Council may, after consulting the Professional Conduct Council, issue pursuant to subsection (1)(b) such practice directions, guidance notes and rulings as the Council thinks appropriate relating to professional practice, etiquette, conduct and discipline.[40/2014]
Appointment of committees of Council
60.—(1) The Council may appoint one or more committees for any general or special purpose that in the opinion of the Council may be better regulated or managed by means of a committee. (2) The Council may delegate to any committee so appointed, with or without restrictions or conditions, as it thinks fit, the exercise of any functions exercisable by the Council. (3) The number and term of office of the members of a committee appointed under this section, and the number of those members necessary to form a quorum, are to be fixed by the Council. (4) A committee appointed under this section may include persons who are not members of the Council. (5) If the Council delegates to a committee appointed under this section any of the functions exercisable by the Council, at least half the members of that committee (including the chairperson thereof) must be members of the Council.
Power of Council to inspect files of proceedings in bankruptcy of solicitor or winding up of law corporation or limited liability law partnership
61. The Council is entitled —(a) without payment of any fee, to inspect —(i) the file of proceedings in bankruptcy relating to any solicitor against whom proceedings in bankruptcy have been taken; or (ii) the file of winding up proceedings against a law corporation or a limited liability law partnership; and (b) to be supplied with office or certified copies of the proceedings on payment of the usual charge for those copies.
Power of Council to accept gifts, etc.
62.—(1) The Council may on behalf of the Society accept, by way of grant, gift, testamentary disposition or otherwise, property or moneys in aid of the finances or purposes of the Society on such conditions as it may determine. (2) Registers must be kept of all donations to the Society, including the names of donors and any special conditions on which any donation may have been given. (3) All property, moneys or funds donated to the Society for any specific purpose must, subject to the law relating to charities, be applied and administered in accordance with the purposes for which they may have been donated and must be separately accounted for.
Representation in court
63. The Society may be represented or appear in any court by any advocate and solicitor whether he or she is a member of the Council or not.
Meetings of Council
64.—(1) Meetings of the Council may be held —(a) at such times and in such manner as the Council may determine; and (b) as often as may be necessary. (1A) A member of the Council may participate in a meeting of the Council through such means of communication (such as over the telephone or through a live audio, live video or live television link) as the Council may determine. (1B) A member of the Council who participates in a meeting of the Council in accordance with subsection (1A) is deemed to be present at the meeting. (2) Five members present at any meeting of the Council constitute a quorum for the transaction of any business. (3) A decision of the majority of the members of the Council present and voting at any meeting of the Council is deemed to be a decision of the Council. (4) The chairperson or the person lawfully acting as chairperson at any meeting of the Council has an original as well as a casting vote. (5) Subject to any rules of the Society, the Council may regulate its own procedure and in particular the holding of meetings, the notice to be given of meetings, the proceedings at meetings, the keeping of minutes and the custody, production and inspection of those minutes.
Passing of resolution of Council by written means
64A.—(1) Despite section 64, the Council may pass any resolution of the Council by written means. (2) A resolution of the Council is passed by written means if it has been formally agreed, in such manner as the Council may determine, on any date by a majority of the members of the Council. (3) Any reference in this Act or any other law to a decision of the Council includes a reference to a resolution of the Council passed by written means. (4) Any reference in this Act or any other law to the doing of anything by the Council includes a reference to the passing of a resolution of the Council by written means which authorises the doing of that thing.
Expenses of members
65. No fees are to be paid to any member of the Council but a member may be reimbursed from the funds of the Society for out‑of‑pocket and travelling expenses incurred by him or her in relation to the affairs of the Society.
Proceedings of Council, Review Committee and Inquiry Committee to be confidential
66.—(1) Except insofar as may be necessary for the purpose of giving effect to any resolutions or decisions of the Council and any Review Committee or Inquiry Committee, confidentiality must be maintained in all proceedings conducted by the Council, its staff and the Review Committee or Inquiry Committee. (2) Despite subsection (1), the Chief Justice or the Attorney‑General may require the Council to disclose to him or her any matter or information relating to any complaint of misconduct or disciplinary action against any advocate and solicitor.
Annual general meeting
67.—(1) The Council must each year convene an annual general meeting which must be held in the month of October of that year. (2) At least 10 days’ prior notice of the annual general meeting must be given to all members of the Society. (3) Despite section 54, every Council that ceases to hold office on 31 December in each year must cause to be prepared and presented to the annual general meeting —(a) a report on the activities of the Society; and (b) proper accounts, duly audited, of all funds, property and assets of the Society, for the year terminating on 31 December immediately preceding that general meeting.
Extraordinary general meeting
68.—(1) The Council may convene a general meeting of the Society other than the annual general meeting at such time or times as the Council thinks expedient or necessary. (2) Any 25 members of the Society may at any time requisition a general meeting by written notice in that behalf signed by them and deposited with the president or a vice‑president of the Society and the Council must convene a general meeting to be held within 30 days of the deposit. (3) Such written notice must specify the object or objects of the proposed meeting. (4) If the Council fails to convene a general meeting in accordance with the requisition 14 days after such deposit, to be held within 30 days after the deposit, the requisitioning members may convene that general meeting within 2 months after the deposit.
Voting
69. At every general meeting, every practitioner member present has one vote, and the chairperson of that meeting also has a casting vote.
Convening and procedure
70.—(1) The manner of convening general meetings of the Society and the procedure thereat must, subject to the provisions of this Act, be regulated by by‑laws made by the Society. (2) The by-laws made under this section must not provide for a quorum at a general meeting other than the annual general meeting of less than 50 practitioner members personally present.
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