Singapore Academy of Law Rules

Singapore Academy of Law Act

(Chapter 294A, Section 27)

Singapore Academy of Law Rules

R 1

G.N. No. S 34/2002

REVISED EDITION 2002

(30th September 2002)

[19th January 1989]

Citation

1.  These Rules may be cited as the Singapore Academy of Law Rules.

Definitions

2.  In these Rules, unless the context otherwise requires —

“committee” means any committee or board appointed by the Senate under section 10 of the Act but does not include a sub-committee appointed under rule 16;

[S 345/2015 wef 02/06/2015]

[Deleted by S 642/2019 wef 01/10/2019]

“goods and services tax” means the prevailing goods and services tax payable under the Goods and Services Tax Act 1993;

[S 493/2010 wef 02/09/2010]

[S 951/2022 wef 31/12/2021]

“Notarial Certificate” means a Notarial Certificate issued and signed by a notary public under rule 8 of the Notaries Public Rules (R 1);

[S 642/2019 wef 01/10/2019]

[S 951/2022 wef 31/12/2021]

[Deleted by S 642/2019 wef 01/10/2019]

“subscription year” means the calendar year or part thereof for which a member is liable to pay an annual subscription under rule 3.

[S 493/2010 wef 02/09/2010]

[S 472/2009 wef 09/10/2009]

Annual subscriptions

3.—(1)  The annual subscriptions (inclusive of goods and services tax) payable to the Academy, by the categories of members set out in the Fourth Schedule, shall be as specified in that Schedule.

[S 493/2010 wef 02/09/2010]

(1A)  For the purposes of paragraph (1), the category of a member is determined as at 1st January of each subscription year, or the date when the member first becomes a member, whichever is the later date.

[S 493/2010 wef 02/09/2010]

(2)  The annual subscription of a person who is a Fellow of the Academy by virtue of section 12 (c) or (d) of the Act shall be waived where he does not have in force a practising certificate and is not any of the following:

(a) a member of the Senate;

(aa) a Judicial Service Officer;

[S 15/2022 wef 14/01/2022]

(b) a Legal Service Officer;

(ba) a PD Officer;

[S 20/2023 wef 16/01/2023]

(c) a teacher in law at any university or institution of higher learning; or

(d) a person employed to perform legal work or the duties of a lawyer by the Government, a statutory body, a corporation or an unincorporated association.

(3)  The annual subscription of every associate member who is a law student shall, unless otherwise directed by the Senate, be waived so long as the associate member remains a law student.

(4)  Annual subscriptions shall be payable within 30 days of becoming a member and in respect of each subsequent calendar year thereafter shall be payable in advance on or before 1st January of that year.

(4A)  Despite paragraphs (1A) and (4), for the subscription year 2023 —

(a) the category of a member is determined as at 1 April 2023, or the date when the member first becomes a member, whichever is the later date; and

(b) the annual subscription is payable on or before 1 April 2023, or within 30 days of becoming a member, whichever is the later date.

[S 133/2023 wef 01/04/2023]

(5)  Where a member’s annual subscription is in arrears for more than 30 days, the Executive Board may withdraw the privileges of the Academy from the member.

[S 345/2015 wef 02/06/2015]

(6)  The withdrawal of privileges from any member shall not prejudice the right of the Academy to recover the arrears of membership subscription due from the member.

(7)  The Senate may, if it thinks fit, waive all or any part of the annual subscriptions.

Waiver of annual subscriptions

4.—(1)  Where any member will, for any period of not less than 12 months —

(a) be continuously absent from Singapore;

(b) not be ordinarily resident or domiciled in Singapore;

(c) not be in the profession of law; or

(d) not be gainfully employed,

the Executive Board may, on his application, waive the annual subscription or subscriptions payable in respect of such period as the Executive Board thinks fit.

[S 345/2015 wef 02/06/2015]

[S 775/2018 wef 01/12/2018]

(2)  Any application for waiver under paragraph (1) shall —

(a) be made in writing one month prior to or during the period to which the application relates, and in any case not later than 3 months after the expiry of each period of 12 months referred to in paragraph (1) unless the Executive Board agrees otherwise; and

[S 345/2015 wef 02/06/2015]

[S 775/2018 wef 01/12/2018]

(b) set out the grounds and circumstances upon which the applicant is seeking the waiver of subscriptions.

(3)  For the purposes of paragraph (1), a member shall be deemed not to be in the profession of law where he does not have in force a practising certificate and is not any of the following:

(a) a member of the Senate;

(aa) a Judicial Service Officer;

[S 15/2022 wef 14/01/2022]

(b) a Legal Service Officer;

[S 472/2009 wef 09/10/2009]

(ba) a PD Officer;

[S 20/2023 wef 16/01/2023]

(c) a teacher in law at any university or institution of higher learning;

(d) a person employed to perform legal work or the duties of a lawyer by the Government, a statutory body, a corporation or an unincorporated association; or

(e) such other person who, in the opinion of the Executive Board, is carrying on activities so closely connected to the law or the profession of law as to be regarded as being in the profession of law.

[S 345/2015 wef 02/06/2015]

Executive Board

5.—(1)  An Executive Board comprising the following individuals is appointed under section 10 of the Act:

(a) a chairperson who is the President of the Academy;

(b) the Attorney-General;

(c) the President of the Law Society;

(d) 5 members of the Senate;

(e) at least one and not more than 4 members of the Academy nominated by the President of the Academy.

[S 345/2015 wef 02/06/2015]

(2)  [Deleted by S 345/2015 wef 02/06/2015]

(3)  The Senate may, from time to time, revoke, withdraw, alter or vary all or any such powers delegated to the Executive Board.

[S 345/2015 wef 02/06/2015]

(4)  [Deleted by S 345/2015 wef 02/06/2015]

(5)  [Deleted by S 498/2006 wef 22/08/2006]

Audit Committee

6.—(1)  An Audit Committee comprising the following individuals is appointed under section 10 of the Act:

(a) a chairperson who is a member of the Senate;

(b) at least one and not more than 4 other individuals who need not be members of the Academy.

(2)  The Audit Committee must —

(a) evaluate and recommend to the Senate the suitability of a person to be appointed as the Academy’s auditor under section 22 of the Act, having regard to the independence and objectivity of that person;

(b) review the adequacy of the Academy’s internal control systems and internal audit functions, such as but not limited to the adequacy of the scope and results of any audit in respect of the Academy’s operations; and

(c) carry out such other duties as the Senate may assign.

[S 345/2015 wef 02/06/2015]

7.  [Deleted by S 345/2015 wef 02/06/2015]

8.  [Deleted by S 345/2015 wef 02/06/2015]

9.  [Deleted by S 605/2014 wef 01/09/2014]

Specialist Accreditation Board

10.—(1)  A Specialist Accreditation Board (called in this rule the Board) comprising the following individuals is appointed under section 10 of the Act:

(a) a chairperson who is a member of the Senate;

(b) 4 other individuals, each of whom need not be a member of the Academy.

(2)  The function of the Board is to administer a scheme (known as the Specialist Accreditation Scheme) for the accreditation of eligible members as specialists in a particular area of practice.

[S 641/2023 wef 19/12/2022]

(3)  The Board has power to do the following things:

(a) to choose any area of practice in which eligible members may be accredited as specialists;

[S 641/2023 wef 19/12/2022]

(b) to appoint and supervise each sub-committee appointed by the Board —

(i) to assess whether an area of practice is suitable for the accreditation of specialists; and

(ii) to develop the Specialist Accreditation Scheme for an area of practice that is assessed to be suitable for the accreditation of specialists;

(c) to appoint and supervise each selection committee that assists the Board in —

(i) administering the Specialist Accreditation Scheme for an area of practice; and

(ii) selecting eligible members for accreditation as specialists in that area of practice;

[S 641/2023 wef 19/12/2022]

(d) to accredit eligible members as specialists in an area of practice, and to revoke or suspend any existing accreditation of a specialist;

[S 641/2023 wef 19/12/2022]

(e) to establish and publish guidelines, policies and procedures for —

(i) the administration of the Specialist Accreditation Scheme; and

(ii) the qualification, selection and accreditation of eligible members as specialists under the Specialist Accreditation Scheme;

[S 641/2023 wef 19/12/2022]

(f) to do any other thing that is necessary to advance the Specialist Accreditation Scheme.

(4)  In this rule, “eligible member” means a member who is an advocate and solicitor and whose privileges as a member of the Academy have not been withdrawn under rule 3(5).

[S 647/2017 wef 08/11/2017]

[S 641/2023 wef 19/12/2022]

Board of Commissioners for Oaths and Notaries Public

11.—(1)  A Board of Commissioners for Oaths and Notaries Public (called in this rule the Board) comprising the following individuals is appointed under section 10 of the Act:

(a) a chairperson who is a member of the Senate;

(b) at least one and not more than 4 other members of the Academy.

[S 345/2015 wef 02/06/2015]

(2)  The Board shall have the power —

(a) to appoint and reappoint commissioners for oaths and notaries public and to revoke or suspend existing appointments;

(b) to inquire into complaints against persons alleged to have acted in breach of the conditions of their appointments as commissioners for oaths or notaries public and where appropriate to revoke or suspend their appointments;

(c) to review the fees payable to commissioners for oaths and notaries public and, if the Board thinks fit, make recommendations to the Senate for amendments to such fees;

(d) to make recommendations to the appropriate authority for the enactment of new legislation or the amendment of existing legislation in relation to all matters concerning commissioners for oaths and notaries public; and

(e) to carry out such other duties as may be assigned by the Senate.

(3)  [Deleted by S 498/2006 wef 22/08/2006]

(4)  For the purpose of conducting inquiries under paragraph (2)(b), the Board may establish its own practice and regulate its own procedure.

11A.  [Deleted by S 642/2019 wef 01/10/2019]

Authentication of Notarial Certificate

12.—(1)  The authentication by the Academy of a Notarial Certificate —

(a) certifies the valid appointment of the notary public, who issued the Notarial Certificate, under the Notaries Public Act 1959; and

[S 951/2022 wef 31/12/2021]

(b) authenticates the notary public’s signature on the Notarial Certificate, based on information in the register of notaries public maintained under rule 6 of the Notaries Public Rules.

(2)  A Notarial Certificate is authenticated by affixing to the back of the Notarial Certificate, a sticker that must —

(a) be issued by the Academy;

(b) be sealed with a seal of the pattern set out in the First Schedule;

(c) contain the name and signature of an authorised signatory of the Academy; and

(d) contain the date on which the authentication took place.

[S 642/2019 wef 01/10/2019]

Fee for authentication of signature of notary public

13.  The fee payable to the Academy for the authentication of the signature of a notary public under rule 12(1)(b) is $87.20 (inclusive of goods and services tax).

[S 642/2019 wef 01/10/2019]

[S 951/2022 wef 01/01/2023]

[S 876/2023 wef 01/01/2024]

13A.  [Deleted by S 345/2015 wef 02/06/2015]

13B.  [Deleted by S 345/2015 wef 02/06/2015]

13C.  [Deleted by S 345/2015 wef 02/06/2015]

LawNet fees

14.—(1)  The fees payable to the Academy by a LawNet content provider, LawNet service provider or LawNet network service operator shall be as set out in the Third Schedule.

(2)  The Executive Board may waive the whole or any part of the fees payable by a LawNet content provider, LawNet service provider or LawNet network service operator under paragraph (1) in respect of any information, data or service provided under LawNet for any period as the Executive Board may in its discretion decide.

[S 345/2015 wef 02/06/2015]

(3)  Notwithstanding paragraph (1), the Academy may enter into separate agreements with a LawNet content provider, LawNet service provider or LawNet network service operator for different fees for any of the information, filing, electronic or such other services as may be provided by the LawNet content provider, LawNet service provider or LawNet network service operator.

(4)  For the purposes of this rule and the Third Schedule —

“LawNet content provider” means a provider of data or information content through LawNet;

“LawNet network service operator” means —

(a) a technical operator who provides content hosting services, gateway services, or network billing and account services; or

(b) a service bureau operator providing a counter service by which LawNet information, filing and other electronic services are made available;

“LawNet service provider” means a provider of information, data, filing or other electronic services through LawNet.

Quorum

15.  The quorum for a meeting of any committee is the majority of members of that committee.

[S 345/2015 wef 02/06/2015]

Non-voting members

15A.—(1)  The chairperson of any committee may co-opt any number of non-voting members, except that the number of non-voting members shall not exceed the number of voting members.

[S 345/2015 wef 02/06/2015]

(2)  For the purposes of paragraph (1) —

(a) a member of any committee appointed by the Senate shall be a voting member; and

(b) a person co-opted by the chairperson of any committee shall be a non-voting member.

[S 498/2006 wef 22/08/2006]

[S 345/2015 wef 02/06/2015]

Delegation of duties

16.  Any committee may at any time appoint a sub-committee consisting of —

(a) at least one member from the committee;

(b) any number of members of the Academy; and

(c) any number of persons who are not members of the Academy,

to perform or carry out such tasks as may be directed by the committee.

[S 13/2014 wef 03/12/2013]

[S 345/2015 wef 02/06/2015]

17.  [Deleted by S 435/2007 wef 21/08/2007]

Resolutions in writing

18.—(1)  The President of the Academy or the member of the Executive Board nominated by the President may, if he thinks fit, propose any resolution for the consideration of the Executive Board without convening a meeting by giving a copy of the proposed resolution in writing to all members of the Executive Board.

[S 345/2015 wef 02/06/2015]

(2)  The chairperson of any other committee may, if the chairperson thinks fit, propose any resolution for the consideration of the committee without convening a meeting by giving a copy of the proposed resolution in writing to all members of the committee.

[S 345/2015 wef 02/06/2015]

(3)  Where a resolution proposed under paragraph (1) or (2) has been approved in writing by a majority of the members eligible to vote who have signified their decision in writing on the proposed resolution (including the proposer of the resolution) within such time as may be specified in the proposal, the resolution shall be as valid and effectual as if it had been passed at a meeting, duly convened and held, of the Executive Board or the committee concerned.

[S 345/2015 wef 02/06/2015]

(4)  [Deleted by S 345/2015 wef 02/06/2015]

19.  [Deleted by S 435/2007 wef 21/08/2007]

20.  [Deleted by S 435/2007 wef 21/08/2007]

Expulsion of members

21.—(1)  Where the Executive Board is of the opinion that a member of the Academy is guilty of conduct which renders him unfit to be a member or would bring the Academy into disrepute, the Executive Board may submit a report to the Senate with a recommendation that the membership of the member be terminated by the Senate.

[S 345/2015 wef 02/06/2015]

(2)  The Senate may, if it thinks fit, convene a disciplinary board consisting of a chairperson who is a member of the Senate and 2 members of the Academy to inquire into the matter and report to the Senate.

[S 345/2015 wef 02/06/2015]

(3)  A member of the Academy whose conduct is inquired into by a disciplinary board shall be given an opportunity in writing to justify or explain his conduct.

[S 345/2015 wef 02/06/2015]

Accounts, etc., need not be circulated to certain members

22.  Copies of the documents referred to in section 21(2) of the Act need not be circulated to the following classes of members:

(a) members whose memberships have been suspended under section 16(3) of the Act;

(b) members whose annual subscriptions have been waived under rule 4;

(c) members who cannot be located.

Conditions for circulation of summary financial statement

23.  The Academy may circulate to members copies of the summary financial statement, the auditor’s report on the financial statements and statement by the auditor as to whether the summary financial statement is consistent with the financial statements and the auditor’s report thereon, referred to in section 21 (2) ( b) of the Act, if —

(a) the summary financial statement has been approved by the Senate;

(b) the original statement has been signed by a member of the Senate on behalf of the Senate;

(c) the summary financial statement bears the name of that member; and

(d) the summary financial statement includes the following statement in a prominent position:

“This summary financial statement is derived from the Academy’s financial statements and auditors’ report thereon, which are available for inspection by all members of the Academy at the premises of the Academy during the Academy’s office hours. Any member who wishes to have copies of the financial statements and auditor’s report may notify the Academy; and the Academy shall furnish these free of charge to that member within 21 days of its receipt of the member’s notification.”.

Contents of summary financial statement

24.  The summary financial statement referred to in section 21 of the Act shall contain the following information:

(a) objectives of the Academy;

(b) a consolidated profit and loss accounts of the Academy, as audited and laid before the Senate, comprising —

(i) total income;

(ii) total expenditure;

(iii) surplus or deficit before taxation;

(iv) amount payable in tax;

(v) surplus or deficit after taxation;

(vi) amount transferred to grants and other funds;

(vii) net surplus or deficit for the year;

(c) a consolidated balance sheet, as audited and laid before the Senate, comprising —

(i) fixed assets;

(ii) deferred expenditure and tax assets;

(iii) funds with fund managers;

(iv) current assets;

(v) current liabilities;

(vi) grants;

(vii) other funds;

(viii) accumulated funds;

(d) material changes to the structure of Academy;

(e) a summary of significant related party dealings;

(f) statistics regarding composition of members.

FIRST SCHEDULE

Rule 12(2)(b)

Certification Seal

[S 461/2008 wef 15/09/2008]

[S 642/2019 wef 01/10/2019]

SECOND SCHEDULE

[Deleted by S 642/2019 wef 01/10/2019]