Legal Profession (International Services) Rules 2008

No. S 481

Legal Profession Act

(Chapter 161)

Legal Profession (International Services) Rules 2008

In exercise of the powers conferred by section 130W of the Legal Profession Act, the Minister for Law, after consulting the Attorney-General, hereby makes the following Rules:

PART I

PRELIMINARY

Citation and commencement

1. These Rules may be cited as the Legal Profession (International Services) Rules 2008 and shall come into operation on 19th September 2008.

Definitions

1A. In these Rules, unless the context otherwise requires, “relevant appeal”, “relevant proceedings” and “Singapore International Commercial Court” have the same meanings as in section 36O(1) of the Act.

[S 276/2015 wef 15/05/2015]

Licence or registration required to provide legal services

2.—(1) A foreign law practice shall not provide any legal services in or from Singapore unless it is licensed under Part IXA of the Act to provide such legal services.

(2) A foreign lawyer shall not provide any legal services in or from Singapore unless he is registered under Part IXA of the Act to provide such legal services.

(3) Nothing in this rule shall affect the privilege of any person who is both a solicitor and a foreign lawyer to practise as a solicitor under the Act or any rules made thereunder.

Permitted areas of legal practice

3.—(1) For the purposes of the definition of “permitted areas of legal practice” in section 130A(1) of the Act, the areas of legal practice to be excluded from the ambit of that definition are —

(a)	constitutional and administrative law;
(b)	conveyancing;
(c)	criminal law;
(d)	family law;
(e)	succession law, including matters relating to wills, intestate succession and probate and administration;
(f)	trust law, in any case where the settlor is an individual;
(g)	appearing or pleading in any court of justice in Singapore, representing a client in any proceedings instituted in such a court or giving advice, the main purpose of which is to advise the client on the conduct of such proceedings, except where such appearance, pleading, representation or advice is otherwise permitted under the Act or these Rules or any other written law; and
(h)	appearing in any hearing before a quasi-judicial or regulatory body, authority or tribunal in Singapore, except where such appearance is otherwise permitted under the Act or these Rules or any other written law.

(2) Sub-paragraphs (a) and (c) of paragraph (1) do not exclude, from the ambit of the definition of “permitted areas of legal practice” in section 130A of the Act, the giving of advice on any area of legal practice referred to in those sub-paragraphs the main purpose of which is to advise a business entity on commercial and corporate law.

(3) In this rule —

“business entity” means any sole-proprietorship, partnership or body corporate, with or without limited liability, which engages in any business;

“conveyancing” does not include any securitisation transaction involving immovable property or the giving of advice on land law in the course of advisory work on a commercial transaction;

“quasi-judicial or regulatory body, authority or tribunal” does not include any such body, authority or tribunal specified in the First Schedule;

“securitisation transaction” has the same meaning as in section 262(3) of the Securities and Futures Act (Cap. 289).

Foreign collaboration requirements for Singapore law practice

3A.—(1) For the purposes of these Rules, a Singapore law practice satisfies the foreign collaboration (general) requirements if, and only if, the Singapore law practice satisfies all of the following requirements:

(a)

the number of solicitors practising in the Singapore law practice is at least 2 times the total number of —

(i)	foreign lawyers registered under section 130I of the Act to practise Singapore law in the Singapore law practice; and
(ii)	foreign lawyers registered under section 130K of the Act to practise foreign law in the Singapore law practice;

(b)

the number of solicitors who are partners, directors or managers (as the case may be) of the Singapore law practice is at least 2 times the total number of —

(i)	foreign lawyers registered under section 130I of the Act who are partners or directors (as the case may be) of the Singapore law practice; and
(ii)	foreign lawyers registered under section 130K of the Act who are partners or directors (as the case may be) of the Singapore law practice;

(c)

the managing partner, managing director or manager (as the case may be) of the Singapore law practice is a solicitor;

(d)

the solicitors practising in the Singapore law practice are entitled to exercise or control the exercise of at least two-thirds of the total voting rights exercisable in respect of the management of the Singapore law practice;

(e)

the solicitors practising in the Singapore law practice are entitled to exercise or control the exercise of at least two-thirds of the total voting rights exercisable by the partners or shareholders (as the case may be) in the Singapore law practice;

(f)

the solicitors practising in the Singapore law practice hold at least two-thirds of the total value of equity interests in the Singapore law practice.

(2) For the purposes of these Rules, a Singapore law practice satisfies the foreign collaboration (profit) requirement if, and only if, the total amount of payments made by the Singapore law practice, during any financial year of the Singapore law practice, to all of the following does not exceed one-third of the total profits of that Singapore law practice during that financial year, based on the audited financial statement of that Singapore law practice for that financial year:

(a)	foreign lawyers who have been granted approval under section 130L(1) of the Act to share in the profits of the Singapore law practice;
(b)	foreign law practices which have been granted approval under section 130L(6) of the Act to share in the profits of the Singapore law practice.

(3) In paragraphs (1) and (2), “solicitor” means a solicitor who —

(a)	has in force a practising certificate; and
(b)	is not a nominee of any foreign law practice or foreign lawyer in respect of the management of, or the control of any voting power or equity interest in, the Singapore law practice in which he is practising.

(4) For the purposes of paragraph (3), a solicitor shall be deemed to be a nominee of a foreign law practice or foreign lawyer if that solicitor is accustomed, or under an obligation whether formal or informal, to act in accordance with the directions, instructions or wishes of that foreign law practice or foreign lawyer.

[S 250/2012 wef 01/06/2012]

Made this 18th day of September 2008.

CHAN LAI FUNG

Permanent Secretary,
Ministry of Law,
Singapore.

[LAW 32/001/8.15 V6; AG/LEG/SL/161/2002/1 Vol. 8]

(To be presented to Parliament under section 131 of the Legal Profession Act).

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