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Solicitors' Remuneration Order 1991
Note: Check with www.malaysianbar.org.my for the latest fees.

 

Order 1. Citation.
This Order may be cited as the Solicitors' Remuneration Order 1991.

Order 2.
This Order shall come into force on the 1st January 1992.

Order 3.
The remuneration of a solicitor in respect of business other than contentious business shall be

(a) in respect of sales, purchases or other forms of conveyances for completing any transaction involving immovable properties, the remuneration of the solicitor having the conduct of the business whether for the vendor or purchaser shall be in accordance with the First Schedule. Where in the case of any sale and purchase no individual strata title has been issued the solicitors having conduct of the subsequent transfer shall be entitled to charge a fee under the Sixth Schedule;

(b) in respect of tenancies/leases and agreements for tenancies/ leases in the Second Schedule, or agreements reserving rent, for completing any transaction, the remuneration of the solicitor having the conduct of the business shall be in accordance with the Second Schedule;

(c) in respect of Discharges of Charges/Deeds of Reassignment pertaining to charged/assigned properties, for completing any transaction, the remuneration of the solicitor having the conduct of the business shall be in accordance with the Third Schedule;

(d) in respect of Charges, Debentures, by way of a fixed or floating charge, and other Security Documents, the remuneration of the solicitor having the conduct of and completing the business whether for the lender/chargor or the borrower/chargor shall be in accordance with the Fourth Schedule;

(e) in respect of preparing, filing or witnessing of miscellaneous documents, the remuneration of the solicitors having the conduct of such matters shall be in accordance with the charges prescribed in the Fifth Schedule;

(f) in respect of non-contentious work for which no provision is made by means of a scale or fixed sum and all aborted transactions, shall be regulated in accordance with the Sixth Schedule.


Order 4.

The remuneration prescribed by the Schedules do not include any fees payable on the registration of documents requiring registration, stamp fees, counsel' s fees, auctioneer's or valuer's charges, travelling or hotel expenses, fees paid on searches or registration, costs of extracts from and register or record, or other disbursements reasonably and properly paid, nor does it include the cost of any extra work, or any business of a contentious nature, nor any proceedings in any Court, but it shall include allowances for the time of the solicitor and his clerk, and charges for normal copying and stationery and all other similar disbursements.

Order 5.
In respect of any business which is required to be, and is by special exertion, carried through in an exceptionally short space of time, a solicitor may charge additional remuneration for the special exertion according to the circumstances.

Order 6.
A solicitor may charge interest at eight per centum per annum on his disbursements and costs whether by scale or otherwise from the expiration of one month from demand from the client and in cases where the same are payable by any infant or out of a fund not presently available, such demand may be made on the parent or guardian or the trustee or other person liable.

Order 7
There shall be no discount on scale fees unless expressly provided by the Schedules.

Order 8
The Solicitors' Remuneration Order 1980 [P.U. (A) 219/80] is hereby revoked.

 


FIRST SCHEDULE.

 

Sale and Transfer.
Consideration/Adjudicated Value (whichever is the higher) Scale Fees
For the first RM100,000 1.00%
For the next RM4,900,000 0.50%
For the next RM5,000,000 0.25%
Where the consideration/ adjudicated value (whichever is the higher) is in excess of RM10,000,000 Negotiable on the excess but shall not exceed 0.25%


There shall be a minimum scale charge of RM200.

Provided that in any transaction where a standard Sale and Purchase Agreement as provided under the Housing Developers (Control and Licensing) Act 1966 [Act 118] or any subsidiary legislation made thereunder is applicable and the consideration for the transfer of the property is RM100,000 or below, then the following rates shall apply:

(a) Where the consideration is RM30,000 and below:

drawing agreement of sale to completion

 

        Vendor's Solicitor

RM120

        Purchaser's Solicitor

RM120


(b) Where the consideration is in excess of RM30,000 but not more than RM100,000:

drawing agreement of sale to completion

 

        Vendor's Solicitor

Scale fees less 25%

        Purchaser's Solicitor

Scale fees less 25%



RULES UNDER THE FIRST SCHEDULE
1. A solicitor whether acting for the vendor or the purchaser shall charge the full scale fee.

2. A solicitor acting for the purchaser may also act for his client in the subsale.

3. A solicitor acting for the purchaser may also act for his client in the loan transaction.

4. Where a solicitor is instructed to put up a property for sale by public auction

(a) the vendor's solicitor shall charge full scale on the sale price for conducting the sale including drafting and settling conditions of sale if the property is sold but if the property is not sold, he shall charge one-half of scale on the reserve price, or if there is no reserve price, one-half of scale on the highest bid as certified in writing by the auctioneer but if there is no reserve price and no bid, the solicitor shall charge according to the Sixth Schedule;

(b) the fee of one-half of scale investigating title and perusing and completing transfer on a sale by auction is to be chargeable on each lot of property, except that where a property held under the same title is divided into lots for convenience of sale and the same purchaser buys several such lots and takes one transfer, one-half of scale is to be chargeable by the vendor's solicitor upon the aggregate prices of the kits and full scale is to be chargeable by the purchaser's solicitor upon the aggregate prices of the lots;

(c) the fee on an attempted sale by auction of lots is to be chargeable on the aggregate of the reserve prices (or if there be no reserve prices, the aggregate of the highest bids). When property offered for sale is not sold by or on behalf of the owner to a third party and terms are afterwards negotiated and arranged by the same solicitor, he shall charge full scale on the reserve price where the property is not sold and also one-half of scale negotiating the sale. When property is bought in and afterwards offered for auction by the same solicitor, he shall charge only full scale for the first attempted sale and for each subsequent sale ineffectually attempted he shall charge according to the Sixth Schedule. In case of a subsequent effectual sale by auction he shall charge full scale less one-half of the fee previously charged on the first attempted sale.

5. The scale in the First Schedule shall apply to transfers of charges and leases based on the consideration for such transfers or adjudicated value whichever is the higher.

6. In addition to the other fees payable to a solicitor under this Order, where a solicitor negotiates any transaction he shall be entitled to charge a negotiating fee. The scale for negotiating sale or purchase shall be in accordance with the scale prescribed by the First Schedule and shall apply to cases where the solicitor for a vendor or purchaser arranges the sale or purchase and the price and terms and conditions thereof and no commission is paid by the client to an auctioneer or estate or other agent. The negotiating fee payable pursuant to this rule shall be the full scale fee irrespective of whether the sale or purchase is negotiated by the solicitor acting on behalf of the vendor or the purchaser.


SECOND SCHEDULE.
Lease. 

Monthly rent Scale Fees
For the first RM10,000 50%subject to a minimum charge of RM600
(b) For the next RM90,000


(c ) Where the rent is in excess of RM100,000.
20%


Negotiable on the excess but shall not exceed 20%

Tenancy.

Monthly rent Scale Fees
For the first RM10,000


(b)For the next RM90,000

(c) Where the rent is in excess of RM100,000
25% subject to a minimum
charge of RM300

10%

Negotiable on the excess but shall not exceed 10%
There shall be a minimum scale charge of RM200.



RULES UNDER THE SECOND SCHEDULE
A solicitor whether acting for the landlord/lessor or tenant/lessee, shall charge the full scale.

2. Any consideration in the lease or tenancy agreement expressed to be chargeable other than by way of rent (e.g. service charge, hire or furniture and fixtures) shall be deemed to be rent.

3. Where a varying rent is payable, the remuneration shall be charged on the highest amount of rent payable.

4. Where a lease is partly in consideration of a money payment or premium and partly of a rent, then, in addition to the remuneration prescribed in respect of rent, there shall be paid a further sum equal to the remuneration on a purchase at a price equal to such money payment or premium in accordance with the scale prescribed under the First Schedule.

5. Where a Solicitor represents the lessor/landlord in respect of leases/tenancies of ten or more leaseable/lettable units in a building or part of a building in which a standard form of lease/tenancy is used or where a lease/tenancy is renewed upon substantially the same terms and conditions, the fees to be charged by the lessor's/landlord's Solicitors in respect of those leases/tenancies shall be one-half of the fees chargeable in respect of each lease/tenancy, subject to a minimum charge of RM200.


THIRD SCHEDULE
 

First title/property RM200
Each additional title/property RM20



If the Deed of Reassignment includes the Revocation of Power of Attorney, an extra RM50 shall be charged.

RULES UNDER THE THIRD SCHEDULE
The scale charges are inclusive of all necessary attendances and shall be payable only to the Solicitor having the conduct of the matter.


FOURTH SCHEDULE

Charges, Debentures and other Security Documents.
 

Amount Secured Scale Fees
For the first RM100,000 1.00%
For the next RM4,900,000 0.50%
For the next RM5,000,000 0.25%
Where the amount secured is in excess of RM10,000,000 Negotiable on the excess but shall not exceed 0.25%
For principal instrument Full scale
For each subsidiary instrument within subsection 4(3) of the
Stamp Act 1949
1/10 scale or RM1,000, whichever is the lower


subject to a minimum fee of RM200 for the Principal Instrument for each transaction.

Provided that in any transaction where a standard Sale and Purchase Agreement as provided under the Housing Developers (Control and Licensing) Act 1966 or any subsidiary legislation made thereunder is applicable and the consideration for the transfer of the property as well as the loan sum is RM100,000 or below, then the following rates shall apply:

(a) where the consideration as well as the loan sum is RM30,000 and below:

 

        where solicitor acts for chargor or chargee

RM120



(b) where the consideration as well as the loan sum is in excess of RM30,000 but not more than RM100,000:

 

        where solicitor acts for chargor or chargee

Scale fees less 25%



RULES UNDER THE FOURTH SCHEDULE
1. A solicitor whether acting for the lender/chargee or the borrower/ chargor shall charge the full scale and where applicable the one-tenth scale.

2. Where additional facilities are granted on the security of an existing charge/ debenture and other security document which is being stamped additionally to cover such facilities, the solicitor shall be entitled to charge on the above scale, at the appropriate rate as if the additional facilities form part of the original facilities.

FIFTH SCHEDULE.

Preparing, filing or witnessing miscellaneous document. 

(a) For witnessing execution of a document
 
RM50.00 for first and RM10.00 for each subsequent copy
(b) For witnessing execution of a document and giving an attestation certificate (if any) RM100.00 for first and RM10.00 for each subsequent copy
(c) ROC forms under section 108-113 RM200 per set (Forms 33 & 34 as one set)
(d) CKHT 1 forms RM200 per form
(e) CKHT 2 forms RM100 per form
(f) Application for consent from State Authority/State Statutory Body RM200 per application
(g) Entry of caveat pursuant to sale and purchase agreement and loan transaction RM150 per title
(h) Subsequent title RM20 per title
(i) Withdrawal of caveat RM 100 per title
(j) Subsequent title RM20 per title



In addition to the foregoing a charge not exceeding RM50 may be made for miscellaneous expenses.

RULES UNDER THE FIFTH SCHEDULE
1. The above witnessing fee is not chargeable when the solicitor has prepared, settled or approved the document and where he has made other charges under this Order.

2. If the witnessing solicitor is asked to advise on the contents of any document not prepared by him, he shall be entitled to charge therefor in accordance with the Sixth Schedule.

3. The scale charges are inclusive of all necessary attendances.

SIXTH SCHEDULE.
Non-contentious work for which no provision is made by means of a scale or fixed sum shall be such sum as is fair and reasonable having regard to all the circumstances of the case, and in particular the following circumstances:

(a) the importance of the matter to the client;

(b) the skill, labour, specialised knowledge and responsibility involved on the part of the solicitor;

(c) the complexity of the matter or the difficulty or novelty of the question raised or both;

(d) where money or property is involved, the amount or value thereof;

(e) the time expended by the solicitor;

(f) the number, and importance of the documents prepared or perused without regard to length;

(g) the place where and the circumstances under which the services or business or any part thereof are rendered or transacted.

 

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