15. The principal Act is amended by inserting, immediately after section 130, the following Part:“PART IXA FOREIGN LAW FIRMS, JOINT LAW VENTURES AND FORMAL LAW ALLIANCES |
Interpretation of this Part |
130A. In this Part —“foreign law” means the law of any state or territory other than Singapore; |
“foreign law firm” means a foreign law firm with an office or a place of business in Singapore which provides legal services in any foreign law in Singapore or elsewhere and includes a corporation duly constituted for the purpose of practising law; |
“foreign lawyer” means a person who is duly authorised or registered to practise law in a state or territory other than Singapore by a foreign authority having the function conferred by law of authorising or registering persons to practise law in that state or territory; |
“Formal Law Alliance” means a Formal Law Alliance registered under section 130D; |
“Joint Law Venture” means a Joint Law Venture registered under section 130B; |
“practise Singapore law” means doing work, or transacting business, in relation to the laws of Singapore, being work or business of a kind that is the right or privilege of a Singapore lawyer under Part IV; |
“Singapore law firm” means a firm of advocates and solicitors and includes a law corporation registered under Part VIA; |
“Singapore lawyer” means an advocate and solicitor as defined in section 2. |
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130B.—(1) The Attorney-General may, after consulting such authorities as may be prescribed, approve an application by a foreign law firm jointly made with a Singapore law firm to be registered as a Joint Law Venture on such terms and conditions and for such period as the Attorney-General may think fit.(2) A Joint Law Venture may be constituted —(a) | by a partnership between a foreign law firm and a Singapore law firm; | (b) | by the incorporation of a company under Singapore law with shares in the company held by a foreign law firm and a Singapore law firm or by their respective nominees; or | (c) | by any other arrangement or means as may be prescribed. |
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(3) A foreign law firm and a Singapore law firm are eligible to make an application jointly under subsection (1) if they satisfy the prescribed conditions. |
(4) The Attorney-General may refuse to approve an application under subsection (1) without assigning any reason. |
(5) The Attorney-General may, if he is satisfied that it is in the public interest to do so, by notice in writing, vary or revoke any term or condition imposed on the approval given under subsection (1). |
(6) A Joint Law Venture shall be entitled to the following privileges:(a) | to practise in areas of legal practice mutually agreed between the law firms constituting the Joint Law Venture; | (b) | foreign lawyers who are employed by or who are partners or directors of the registered Joint Law Venture may practise Singapore law in accordance with section 130C; | (c) | the registered Joint Law Venture may market or publicise itself as a single service provider competent to provide legal services in all areas in which the constituent law firms are qualified to provide; | (d) | the registered Joint Law Venture may bill its clients as a single firm; and | (e) | such other privileges as may, from time to time, be prescribed or otherwise conferred by law. |
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(7) Nothing in this Act or any rules made thereunder shall prevent the constituent law firms in the Joint Law Venture from sharing office premises, profits or client information with respect to the legal practice of the Joint Law Venture. |
(8) A foreign law firm which constitutes part of a Joint Law Venture shall not practise as a foreign law firm in Singapore except through the Joint Law Venture. |
(9) For the avoidance of doubt, a Joint Law Venture shall not be treated as a law corporation for the purposes of Part VIA. |
(10) A Joint Law Venture shall, notwithstanding that the shares in the Joint Law Venture are held by more than 20 members, be deemed to be an exempt private company for the purposes of the Companies Act (Cap. 50). |
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Registration to practise Singapore law |
130C.—(1) A foreign lawyer who is employed by or who is a partner or director of a Joint Law Venture may, notwithstanding anything to the contrary in Part IV, practise Singapore law as a partner, director or an employee of the Joint Law Venture and recover costs and retain payments in respect of such practice if he is registered to practise Singapore law by the Attorney-General under subsection (3).(2) Notwithstanding subsection (1), a foreign lawyer who is registered to practise Singapore law under subsection (3) shall not represent any party before any judicial, arbitral or regulatory tribunal or body in Singapore unless the foreign lawyer is, apart from this section, permitted to do so under Part IV. |
(3) The Attorney-General may, in his discretion, approve an application to register a foreign lawyer to practise Singapore law for such period as the Attorney-General may think fit except that the Attorney-General may, if he thinks it necessary in the circumstances of the case, require that a foreign lawyer successfully complete such modules in such courses of instruction as the Attorney-General may require. |
(4) The registration of a foreign lawyer to practise Singapore law shall —(a) | lapse if the foreign law firm is dissolved or in liquidation or if the registration of the Joint Law Venture is cancelled under section 130G; and | (b) | be suspended for such period as the Attorney-General may think fit if the foreign lawyer ceases to be a partner, director or an employee, as the case may be, of the Joint Law Venture or of the foreign law firm which constitutes part of the Joint Law Venture. |
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(5) Nothing in this section shall be construed so as to affect any right or privilege of an advocate and solicitor conferred by this Act or any other written law. |
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130D.—(1) The Attorney-General may, after consulting such authorities as may be prescribed, approve an application by a foreign law firm jointly made with a Singapore law firm to be registered as a Formal Law Alliance on such terms and conditions and for such period as the Attorney-General may think fit.(2) A foreign law firm or a Singapore law firm, as the case may be, may apply for registration of more than one formal alliance and a registered Formal Law Alliance may comprise of more than 2 constituent law firms. |
(3) A foreign law firm and a Singapore law firm are eligible to make an application jointly under subsection (1) if they satisfy the prescribed conditions. |
(4) The Attorney-General may refuse an application under subsection (1) without assigning any reason. |
(5) The Attorney-General may, if he is satisfied that it is in the public interest to do so, by notice in writing, vary or revoke any term or condition imposed on the approval given in subsection (1). |
(6) A Formal Law Alliance shall be entitled to the following privileges:(a) | the Formal Law Alliance may market or publicise itself as a single service provider competent to provide legal services in all areas in which the constituent law firms are qualified to provide; | (b) | the Formal Law Alliance may bill its clients as if it were a single law firm; | (c) | a foreign lawyer who is a partner, director or an employee of the foreign law firm which constitutes part of the Formal Law Alliance may prepare all the documents in a transaction involving the law or regulatory regime of more than one country or jurisdiction, except that any legal opinion relating to Singapore law must be given by a Singapore lawyer who has in force a practising certificate. |
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(7) Nothing in this Act or any rules made thereunder shall prevent the constituent law firms in the Formal Law Alliance from sharing office premises, profits or client information. |
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Professional conduct, ethics and accounts |
130E.—(1) A foreign lawyer practising Singapore law in a Joint Law Venture shall comply with such rules relating to professional conduct or ethics as may be prescribed in rules made under section 130J unless the Attorney-General in his discretion exempts the foreign lawyer from such compliance.(2) Sections 72 and 73 and any rules made thereunder shall apply, with such modifications as may be prescribed, to a Joint Law Venture in respect of the practice of Singapore law. |
(3) Where a Joint Law Venture has submitted an accountant’s report in compliance with section 73 as applied to it by subsection (2), the Singapore law firm which constitutes part of the Joint Law Venture shall not be required to submit another accountant’s report under section 73. |
(4) Solicitor-client privilege exists between a Joint Law Venture or a Formal Law Alliance and its client in the same way as it exists between a solicitor and his client. |
(5) Nothing in this section shall affect the solicitor-client privilege that exists between a client and the foreign law firm or the Singapore law firm, as the case may be, which constitutes part of a Joint Law Venture or a Formal Law Alliance. |
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130F.—(1) Any complaint in respect of the conduct of a foreign lawyer registered under section 130C to practise Singapore law shall be made to the Attorney-General.(2) Every complaint shall be in writing and be supported by a statutory declaration if required by the Attorney-General. |
(3) Where the Attorney-General has received any complaint under this section or where facts are brought to the knowledge of the Attorney-General which satisfy the Attorney-General that there may be grounds for such a complaint, the Attorney-General shall give the foreign lawyer a reasonable opportunity to make representations in writing and if he is of the opinion that there is sufficient reason for doing so, the Attorney-General may —(a) | cancel or suspend for such period as he may think fit the registration of the foreign lawyer to practise Singapore law; | (b) | censure the foreign lawyer; | (c) | order the foreign lawyer to pay a penalty not exceeding $5,000 or such other higher sum as may be prescribed; or | (d) | make such other order as he thinks fit. |
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(4) If the foreign lawyer fails to pay the penalty referred to in subsection (3)(c) or comply with the order referred to in subsection (3)(d) within such time as the Attorney-General may specify, the Attorney-General may cancel or suspend for such period as he may think fit the registration of that foreign lawyer. |
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Cancellation of registration |
130G.—(1) The Attorney-General may, by notice in writing to a Joint Law Venture or a Formal Law Alliance, cancel its registration under this Part if the Attorney-General is satisfied that there is sufficient reason for doing so.(2) Without limiting the grounds for cancellation, the registration may be cancelled if —(a) | the foreign law firm’s home registration authority cancels its registration as a result of criminal, civil or disciplinary proceedings; | (b) | the Joint Law Venture or the Formal Law Alliance fails to comply with any requirement of or imposed under this Part or any rules made thereunder; | (c) | the registration or authorisation of the foreign law firm by its home registration authority has lapsed; | (d) | the foreign law firm has been dissolved or is in liquidation; | (e) | the Joint Law Venture or the Formal Law Alliance fails to comply with any condition imposed on its registration under this Part; | (f) | the Joint Law Venture or the Formal Law Alliance has been dissolved and reconstituted without the approval of the Attorney-General; or | (g) | the Attorney-General is satisfied that it is in the public interest to do so. |
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(3) Registration may not be cancelled on any of the grounds specified in subsection (1) or (2) unless the Joint Law Venture or the Formal Law Alliance or the law firms constituting the Venture or Alliance, as the case may be, are given a reasonable opportunity to make written representations to the Attorney-General. |
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Attorney-General’s decision final |
130H. Any decision made by the Attorney-General under this Part or any rules made thereunder shall be final and conclusive. |
Registration of foreign law firms and foreign lawyers |
130I.—(1) The Minister may, after consulting the Attorney-General, make rules to provide for —(a) | the registration with the Attorney-General of all foreign law firms; | (b) | the registration with the Attorney-General of all foreign lawyers resident in Singapore and practising in or employed by a foreign law firm; | (c) | the manner and means of application for registration of a foreign law firm or a foreign lawyer; | (d) | the submission of information and particulars relating to the foreign law firms and the foreign lawyers and other persons practising in or employed by the foreign law firm; | (e) | the payment of fees on applications for registration and renewal of registration and other related matters; and | (f) | the form and manner in which the register is to be kept. |
(2) Where a foreign law firm or a foreign lawyer —(a) | fails to apply for registration under the rules made under subsection (1); or | (b) | fails to furnish any particulars or information required under such rules, |
then the rights of the foreign law firm or the foreign lawyer in default under or arising out of any contract in relation to the legal services provided through the office in Singapore of the foreign law firm, shall not be enforceable in legal proceedings in the name of the foreign law firm or the foreign lawyer, as the case may be. |
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Rules on Joint Law Ventures and Formal Law Alliances |
130J. The Minister may, after consulting the Attorney-General, make rules for the following purposes:(a) | to prescribe anything which may be prescribed under this Part; | (b) | to prescribe the qualifying legal skills, experience and expertise required under this Part; | (c) | to provide for the manner and means of application and the information and documents to be furnished for the registration and de-registration of Joint Law Ventures and Formal Law Alliances; | (d) | to provide for the manner and means of application and the information and documents to be furnished for foreign lawyers to be registered to practise Singapore law; | (e) | to provide for a register of Joint Law Ventures and Formal Law Alliances to be kept in such form and manner as may be prescribed; | (f) | to provide for disciplinary control over foreign lawyers in a Joint Law Venture who are registered to practise Singapore law under section 130C and to modify the application of any provision of this Act, other than this Part, in respect of legal services performed by such lawyers; | (g) | to provide for the manner or means by which a Joint Law Venture or a Formal Law Alliance may conduct its business or publicise itself; | (h) | to modify the application of any provision of this Act, other than this Part, or any rules made thereunder to a Singapore law firm or a solicitor practising in that law firm where that Singapore law firm constitutes part of a Joint Law Venture or a Formal Law Alliance; | (i) | to exempt any person or class of persons from any provision of this Part; | (j) | to make such incidental, consequential or supplementary provisions as may be necessary or expedient; and | (k) | to provide for the payment of fees on applications for registration, renewal of registration and other related matters.”. |
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