On 19/06/2013,
you requested for the version in force on 19/06/2013
incorporating all amendments published on or before 19/06/2013.
The closest version currently available is that of 01/06/2012.
39. The membership of the Society shall consist of the following:
(a)
all advocates and solicitors who are members of the Society by reason of section 40;
(b)
all persons admitted to membership of the Society under section 41;
(c)
all persons elected as honorary members under section 42; and
(d)
all persons who are members of the Society by reason of section 40A.
[20/2007]
40.
—(1) Every advocate and solicitor who has in force a practising certificate shall without election, admission or appointment become a member of the Society and remain a member under this section so long and only so long as he 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 shall be 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) shall be referred to in this Act as a practitioner member.
40A.
—(1) Every foreign lawyer who is —
(a)
registered by the Attorney-General under section 130I; or
(b)
granted the approval of the Attorney-General under section 130L(1),
shall, without election, admission or appointment, become a member of the Society and remain a member under this section so long and only so long as his registration or approval, as the case may be, continues in force.
(2) Every foreign lawyer who is a member of the Society under subsection (1) shall be referred to in this Act as a foreign practitioner member.
[20/2007]
41.
—(1) Subject to subsections (3) and (4), any of the following persons who applies for membership of the Society in the prescribed manner shall be admitted as a member of the Society:
(a)
any advocate and solicitor who does not have in force a practising certificate;
(b)
any foreign lawyer registered by the Attorney-General under Part IXA who is not a foreign practitioner member; and
(c)
any qualified person (not being an advocate and solicitor) who is ordinarily resident in Singapore.
[35/2001; 19/2008]
(1A) Subject to subsection (5), any of the following persons (not being an advocate and solicitor, a foreign lawyer referred to in section 40A(1) or subsection (1), or a qualified person referred to in subsection (1)) may be admitted as a member of the Society on his 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; 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).
[19/2008]
(2) Every person who is a member of the Society under subsection (1) or (1A) shall be referred to in this Act as a non-practitioner member.
[19/2008]
(3) Subsection (1) shall not apply to —
(a)
an advocate and solicitor —
(i)
who has been struck off the roll, or whose name has been removed from the roll under section 100; and
(ii)
whose name has not been replaced on the roll under section 102;
(b)
an advocate and solicitor who has been suspended from practice, for so long as the suspension remains in force;
(c)
a foreign lawyer whose registration under Part IXA has been cancelled, and who has not been re-registered by the Attorney-General under that Part;
(d)
a foreign lawyer whose registration under Part IXA has been suspended, for so long as the suspension remains in force; or
(e)
a qualified person who has been prohibited under section 83(3) from applying to the court for admission, for so long as the prohibition remains in force.
[19/2008]
(4) A person admitted as a member of the Society under subsection (1) shall cease to be a member if —
(a)
being an advocate and solicitor referred to in subsection (1)(a) —
(i)
he is struck off the roll or suspended from practice; or
(ii)
his name is removed from the roll under section 100;
(b)
being a foreign lawyer referred to in subsection (1)(b), his registration under Part IXA is cancelled or suspended; or
(c)
being a qualified person referred to in subsection (1)(c), he is prohibited under section 83(3) from applying to the court for admission.
[19/2008]
(5) A person admitted as a member of the Society under subsection (1A)(c) shall cease to be a member when he becomes a qualified person.
[19/2008]
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.
43.
—(1) Subject to this section and section 44, all members shall have the same rights and privileges.
(2) Only practitioner members shall be eligible to attend and vote at any general meeting but only those practitioner members who are citizens of Singapore shall 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.
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 —
(a)
be expelled from membership; or
(b)
be deprived of any one or more rights and privileges of membership.
(2) A practitioner member shall not be expelled from membership so long as he has in force a practising certificate.
(3) A foreign practitioner member shall not be expelled from membership so long as his registration referred to in section 40A(1)(a) or (b) or his approval referred to in section 40A(1)(c) continues in force.
[20/2007]
45. Any member of the Society, other than an honorary member, who ceases to be qualified for membership shall thereupon cease to be a member.
46.
—(1) The amount of the annual subscription payable by members of the Society shall, subject to subsection (4), be fixed from time to time by the Council.
[20/2007]
(1A) The subscription shall be payable to the Society by every solicitor in each year prior to his application for a practising certificate.
[20/2007]
(1B) The subscription shall be payable to the Society by a foreign practitioner member —
(a)
if he is registered under section 130I, in each year not later than14 days after the date of issue of his foreign practitioner certificate by the Attorney-General; or
(b)
if he has been granted an approval referred to in section 130L(1), but is not registered under section 130I —
(i)
not later than 14 days after the date of issue of a certificate of approval by the Attorney-General in respect of that approval; and
(ii)
not later than the anniversary of that date of issue in each subsequent year.
(1C) [Deleted by Act 8/2011 wef 03/05/2011]
(1D) [Deleted by Act 8/2011 wef 03/05/2011]
(2) Subject to this section, in fixing the amount of the subscription, the Council shall be at liberty to divide members into classes, and to provide that different amounts shall be paid by different classes and for different periods and generally to regulate, and to vary from time to time, the subscriptions payable by members or by different classes of members, as the Council may think fit.
[20/2007]
(3) The subscriptions payable by members admitted to membership under section 41 shall at no time exceed the lowest subscription payable by practitioner members for the corresponding period.
(3A) The subscriptions payable by foreign practitioner members who are members of the Society by reason of section 40A shall at no time exceed the highest subscription payable by practitioner members for the corresponding period.
[20/2007]
(4) The Council may from time to time fix levies payable by practitioner members and foreign practitioner members for any of the purposes of the Society.
[20/2007]
(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 shall not in any calendar year exceed $500 per practitioner member without the approval of a general meeting of the Society.
[17/84; 20/2007]
(6) Within one week of the end of each month, the Society shall, 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 a foreign practitioner member, a sum of $50.
[17/84; 20/2007]
[8/2011 wef 03/05/2011]
(7) [Deleted by Act 8/2011 wef 03/05/2011]