PART 2 REGISTRATION OF FOREIGN LAWYERS AND RELATED MATTERS |
| Application for registration of foreign lawyer under section 36B of Act |
5.—(1) Subject to paragraph (3), a foreign lawyer may apply for registration under section 36B of the Act if the foreign lawyer —| (a) | has attained the age of 21 years; | | (b) | is of good character; | | (c) | has passed the Foreign Practitioner Examinations conducted by the Institute; | | (d) | is not the subject of any disciplinary proceedings as a solicitor or foreign lawyer in Singapore or elsewhere, and has not been previously disciplined for any disciplinary offence; | | (e) | is not a party to any criminal or civil proceedings that may lead to disciplinary proceedings being taken against the foreign lawyer as a solicitor or foreign lawyer in Singapore or elsewhere; | | (f) | is not, as a result of any criminal or civil proceedings against the foreign lawyer in Singapore or elsewhere, prohibited from practising law in Singapore or elsewhere or subject to any special conditions in the practice of law; | | (g) | has been engaged in relevant legal practice or work, in Singapore or elsewhere, in one or more of the permitted areas of legal practice in any foreign law, for at least 3 years; and | | (h) | satisfies the Director of Legal Services that the foreign lawyer is a fit and proper person to be registered under section 36B of the Act. |
(2) For the purposes of determining whether a foreign lawyer has been engaged in relevant legal practice or work for at least 3 years, as required under paragraph (1)(g), the following periods must be disregarded:| (a) | any period spent attending any course of instruction, course of study or postgraduate education not required to satisfy any applicable requirements relating to continuing professional development; | | (b) | any period spent in serving any articles, period of pupillage, practice training period or other period of supervised training in relation to the practice of law (by whatever name called). |
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(3) A foreign lawyer is not entitled to apply for registration under section 36B of the Act unless his or her application is made within the period of 5 years beginning on —| (a) | the date on which the foreign lawyer passed the Foreign Practitioner Examinations conducted by the Institute; or | | (b) | the date on which the foreign lawyer’s last registration under that section was cancelled or suspended or otherwise lapsed. |
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(4) Without prejudice to the generality of section 36H(1)(b) and (4)(b) of the Act, an application by a foreign lawyer for registration under section 36B of the Act, or for the renewal of the foreign lawyer’s registration under section 36B of the Act, must be accompanied by the following documents:| (a) | a declaration in writing stating —| (i) | the foreign lawyer’s full name; | | (ii) | the name of the Singapore law practice, Joint Law Venture, Qualifying Foreign Law Practice or licensed foreign law practice, or of each of the Joint Law Venture and its constituent foreign law practice, in which the foreign lawyer is practising or intends to practise; | | (iii) | the principal address, and every other address in Singapore, of the Singapore law practice, Joint Law Venture, Qualifying Foreign Law Practice or licensed foreign law practice, or of each of the Joint Law Venture and its constituent foreign law practice, in which the foreign lawyer is practising or intends to practise; and | | (iv) | that the foreign lawyer satisfies the requirements referred to in paragraph (1)(a) to (g); |
| | (b) | a declaration in writing stating —| (i) | that the foreign lawyer has paid, or has made arrangements to pay, all subscriptions and levies, and all contributions to the Compensation Fund, lawfully due to the Society under the provisions of the Act; | | (ii) | if the foreign lawyer has been ordered by the Council to pay any penalty under section 88(1) or 94(3)(a) of the Act, that the foreign lawyer has paid the penalty; and | | (iii) | if the foreign lawyer has been ordered by any court of law in Singapore or elsewhere to pay any sum to the Council or the Society, that the foreign lawyer has paid the sum; |
| | (c) | a declaration in writing stating that the foreign lawyer has paid, or has made arrangements to pay, all moneys, contributions and subscriptions payable by the foreign lawyer under the Singapore Academy of Law Act (Cap. 294A) and any rules made under that Act; | | (d) | such accountant’s report as may be required under the Legal Profession (Modified Application of Act for International Services) Rules 2015 (G.N. No. S 700/2015), unless the foreign lawyer satisfies the Director of Legal Services that owing to the circumstances of the foreign lawyer’s case such a report is unnecessary; [S 629/2016 wef 01/01/2017] | | (e) | one of the following declarations for the practice year in which the foreign lawyer is seeking to be registered:| (i) | a declaration in writing that the foreign lawyer has complied with every CPD requirement that was applicable to him or her at any time in the calendar year immediately preceding that practice year; | | (ii) | a declaration in writing that —| (A) | the Compliance Committee appointed under the Legal Profession (Continuing Professional Development) Rules 2012 (G.N. No. S 115/2012) has granted the foreign lawyer a waiver of one or more of the CPD requirements that were applicable to him or her at any time in the calendar year immediately preceding that practice year; and | | (B) | the foreign lawyer has complied with every other CPD requirement that was applicable to him or her at any time in the calendar year immediately preceding that practice year; |
| | (iii) | a declaration in writing that no CPD requirement was applicable to the foreign lawyer at any time in the calendar year immediately preceding that practice year. |
[S 629/2016 wef 01/01/2017] |
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| (5) The Director of Legal Services must notify the applicant in writing of the decision of the Director of Legal Services under section 36B(2) of the Act. |
| (6) If an application under section 36B(1) of the Act is approved, the Director of Legal Services must issue the applicant a foreign practitioner certificate. |
| (7) The prescribed date for the purposes of section 36B(6) and (8) of the Act is 18 November 2015. |
(8) In this rule —| “CPD requirement” means a requirement relating to continuing professional development set out in the Legal Profession (Continuing Professional Development) Rules 2012; |
| “practice year” means the period from 1 April in any calendar year to 31 March in the next calendar year; |
“relevant legal practice or work” means —| (a) | active practice as —| (i) | a legal practitioner, by whatever name called, in any jurisdiction other than Singapore; or | | (ii) | a foreign lawyer in Singapore; or |
| | (b) | work of a legal nature which is performed as a legal counsel in any corporation or other entity the equity securities of which are listed on the official list of a securities exchange in Singapore or elsewhere. |
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[S 629/2016 wef 01/01/2017] |
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| Privileges and conditions relevant to registration under section 36B of Act |
6.—(1) A foreign lawyer who is registered under section 36B of the Act may —| (a) | practise Singapore law in a Singapore law practice, Joint Law Venture or Qualifying Foreign Law Practice only in the permitted areas of legal practice; | | (b) | practise Singapore law in a licensed foreign law practice (not being a constituent foreign law practice of a Joint Law Venture) only in accordance with rule 59(2) of the Legal Profession (Law Practice Entities) Rules 2015 (G.N. No. S 699/2015); and | | (c) | practise foreign law in or from Singapore in a Singapore law practice, Joint Law Venture, Qualifying Foreign Law Practice or licensed foreign law practice. |
| (2) Despite paragraph (1), a foreign lawyer who is registered under section 36B of the Act, and is also granted full registration under section 36P of the Act, may do all or any of the things mentioned in section 36P(1)(a) to (d) of the Act in a Singapore law practice, Joint Law Venture, Qualifying Foreign Law Practice or licensed foreign law practice. |
| (3) Despite paragraph (1), a foreign lawyer who is registered under section 36B of the Act, and is also granted restricted registration under section 36P of the Act, may do all or any of the things mentioned in section 36P(2)(a), (b) and (c) of the Act in a Singapore law practice, Joint Law Venture, Qualifying Foreign Law Practice or licensed foreign law practice. |
| (4) A foreign lawyer who is registered under section 36B of the Act may practise Singapore law in a Singapore law practice only if the total number of solicitors practising in the Singapore law practice is at least 2 times the total number of regulated foreign lawyers (if any) who practise in, are directors, partners or shareholders in, or share in the profits of, the Singapore law practice. |
| (5) Every foreign lawyer registered under section 36B of the Act must maintain, throughout the foreign lawyer’s period of registration, one or more insurance policies which provide indemnity against loss arising from claims in respect of civil liability in connection with the foreign lawyer’s practice in a Singapore law practice, Joint Law Venture, Qualifying Foreign Law Practice or licensed foreign law practice. |
| (6) The insurance policies referred to in paragraph (5) must be of similar coverage terms and for at least the amount required under any rules made under section 75A of the Act in respect of solicitors or such other amount as the Director of Legal Services may specify. |
| (7) Paragraphs (5) and (6) do not apply to a foreign lawyer registered under section 36B of the Act if the Singapore law practice, Joint Law Venture, Qualifying Foreign Law Practice or licensed foreign law practice in which the foreign lawyer practises has provided for its insurance policies to cover the foreign lawyer to the extent required under those paragraphs. |
(8) The registration under section 36B of the Act of a foreign lawyer who practises Singapore law in a Singapore law practice, Joint Law Venture, Qualifying Foreign Law Practice or licensed foreign law practice —| (a) | lapses, if —| (i) | the Singapore law practice, Joint Law Venture, Qualifying Foreign Law Practice or licensed foreign law practice is dissolved or in liquidation; or | | (ii) | the law firm licence, limited liability law partnership licence or law corporation licence of the Singapore law practice, the Joint Law Venture licence of the Joint Law Venture, the Qualifying Foreign Law Practice licence of the Qualifying Foreign Law Practice, or the foreign law practice licence of the licensed foreign law practice, as the case may be, is suspended or revoked under section 133, 145, 161, 174 or 175 of the Act; and |
| | (b) | is suspended for such period (not exceeding 12 months) as the Director of Legal Services may think fit, if the foreign lawyer ceases to practise in any Singapore law practice, Joint Law Venture, Qualifying Foreign Law Practice or licensed foreign law practice. |
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| Application for registration of foreign lawyer under section 36C of Act |
7.—(1) A foreign lawyer may apply for registration under section 36C of the Act if the foreign lawyer is a partner, a director, a consultant or an employee of a Singapore law practice, Joint Law Venture or foreign law practice.| (2) The Director of Legal Services must notify the applicant in writing of the decision of the Director of Legal Services under section 36C(2) of the Act. |
(3) Without prejudice to the generality of section 36H(1)(b) and (4)(b) of the Act, an application by a foreign lawyer for registration under section 36C of the Act, or for the renewal of the foreign lawyer’s registration under section 36C of the Act, must be accompanied by a declaration in writing stating —| (a) | the foreign lawyer’s full name; | | (b) | the name of the Singapore law practice, Joint Law Venture, Qualifying Foreign Law Practice or licensed foreign law practice, or of each of the Joint Law Venture and its constituent foreign law practice, in which the foreign lawyer is practising or intends to practise; and | | (c) | the principal address, and every other address in Singapore, of the Singapore law practice, Joint Law Venture, Qualifying Foreign Law Practice or licensed foreign law practice, or of each of the Joint Law Venture and its constituent foreign law practice, in which the foreign lawyer is practising or intends to practise. |
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| (4) If an application under section 36C(1) of the Act is approved, the Director of Legal Services must issue the applicant a certificate of registration for such period as the Director of Legal Services may specify. |
| (5) The prescribed date for the purposes of section 36C(4) and (6) of the Act is 18 November 2015. |
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| Privileges and conditions relevant to registration under section 36C of Act |
8.—(1) A foreign lawyer who is registered under section 36C of the Act may practise foreign law in or from Singapore in a Singapore law practice, Joint Law Venture, Qualifying Foreign Law Practice or licensed foreign law practice.| (2) Despite paragraph (1), a foreign lawyer who is registered under section 36C of the Act, and is also granted full registration under section 36P of the Act, may do all or any of the things mentioned in section 36P(1)(a) to (d) of the Act in a Singapore law practice, Joint Law Venture, Qualifying Foreign Law Practice or licensed foreign law practice. |
| (3) Despite paragraph (1), a foreign lawyer who is registered under section 36C of the Act, and is also granted restricted registration under section 36P of the Act, may do all or any of the things mentioned in section 36P(2)(a), (b) and (c) of the Act in a Singapore law practice, Joint Law Venture, Qualifying Foreign Law Practice or licensed foreign law practice. |
| (4) Every foreign lawyer registered under section 36C of the Act must maintain, throughout the foreign lawyer’s period of registration, one or more insurance policies which provide indemnity against loss arising from claims in respect of civil liability in connection with the foreign lawyer’s practice in a Singapore law practice, Joint Law Venture, Qualifying Foreign Law Practice or licensed foreign law practice. |
| (5) The insurance policies referred to in paragraph (4) must be of similar coverage terms and for at least the amount required under any rules made under section 75A of the Act in respect of solicitors or such other amount as the Director of Legal Services may specify. |
| (6) Paragraphs (4) and (5) do not apply to a foreign lawyer registered under section 36C of the Act if the Singapore law practice, Joint Law Venture, Qualifying Foreign Law Practice or licensed foreign law practice in which the foreign lawyer practises has provided for its insurance policies to cover the foreign lawyer to the extent required under those paragraphs. |
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| Application for registration of foreign lawyer under section 36D of Act |
9.—(1) A foreign lawyer who does not practise in Singapore may apply for registration under section 36D of the Act, if the foreign lawyer —| (a) | proposes to be a director, partner or shareholder in, or to share in the profits of, a Singapore law practice, but will not practise in Singapore; | | (b) | has successfully completed a legal practice management course referred to in section 75C(1)(a) of the Act; and | | (c) | has been employed for not less than 3 continuous years, or 3 years out of a continuous period of 5 years, in a foreign law practice or a foreign branch of a Singapore law practice. |
(2) Despite paragraph (1)(b), the Director of Legal Services may waive the requirement under that provision, if the Director of Legal Services is satisfied that the foreign lawyer —| (a) | has any qualification or accreditation which indicates that the foreign lawyer has attained skills equivalent to those attainable on the successful completion of a legal practice management course referred to in section 75C(1)(a) of the Act; or | | (b) | has sufficient experience and expertise in the management of a law practice entity. |
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| (3) The Director of Legal Services must not register, under section 36D of the Act, a foreign lawyer to be a director, partner or shareholder in, or to share in the profits of, a Singapore law practice, unless the Director of Legal Services is satisfied, at that time, that the Singapore law practice satisfies all general threshold requirements. |
| (4) The Director of Legal Services must notify the applicant in writing of the decision of the Director of Legal Services under section 36D(2) of the Act. |
| (5) If an application under section 36D(1) of the Act is approved, the Director of Legal Services must issue the applicant a certificate of registration for such period as the Director of Legal Services may specify. |
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| Privileges and conditions relevant to registration under section 36D of Act |
10.—(1) A foreign lawyer who is registered under section 36D of the Act may be a director, partner or shareholder in, and share in the profits of, a Singapore law practice.(2) The registration under section 36D of the Act of a foreign lawyer to be a director, partner or shareholder in, or to share in the profits of, a Singapore law practice —| (a) | is not a requirement for practising foreign law in a foreign branch of the Singapore law practice; | | (b) | does not require the foreign lawyer to practise foreign law in a foreign branch of the Singapore law practice; and | | (c) | does not prevent the foreign lawyer from practising foreign law outside Singapore in a foreign law practice that is not a foreign branch of the Singapore law practice. |
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(3) The registration under section 36D of the Act of a foreign lawyer to be a director, partner or shareholder in, or to share in the profits of, a Singapore law practice lapses, if —| (a) | the Singapore law practice is dissolved or in liquidation; | | (b) | the law firm licence, limited liability law partnership licence or law corporation licence of the Singapore law practice is suspended or revoked under section 133, 145 or 161 of the Act; or | | (c) | the foreign lawyer ceases to be a director, partner or shareholder in, or to share in the profits of, the Singapore law practice. |
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| Qualification to be consultant of, or use title of foreign law consultant in, Singapore law practice |
11.—(1) Subject to paragraph (3), a foreign lawyer who is a consultant of a Singapore law practice —| (a) | may take or use the title of foreign law consultant; but | | (b) | must not take or use the title of consultant. |
(2) Subject to paragraph (3), a foreign lawyer must not be a consultant of, or take or use the title of foreign law consultant in, a Singapore law practice unless the foreign lawyer has, for a total period of at least 10 years, been one or any combination of the following:| (a) | a foreign lawyer in practice in a Joint Law Venture, foreign law practice or Singapore law practice; | | (b) | a public prosecutor or a legal officer of the government of any country (other than Singapore) or any territory of that country; | | (c) | a full-time member of the academic staff of —| (i) | the Faculty of Law of the National University of Singapore; | | (ii) | the School of Law of the Singapore Management University; [S 516/2017 wef 15/09/2017] | | (iia) | the School of Law of the Singapore University of Social Sciences; or [S 516/2017 wef 15/09/2017] | | (iii) | a faculty of law, by whatever name called, of any institution of higher learning in any country (other than Singapore) or any territory of that country. |
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| (3) Where any person who is both a solicitor and a foreign lawyer is qualified under section 75D(1) of the Act to take or use the title of consultant in relation to the person’s capacity as a solicitor, nothing in paragraph (1) or (2) affects that qualification of that person to use that title in relation to that capacity. |
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| Part not to apply to solicitor with practising certificate |
| 12. This Part does not apply to a foreign lawyer who is a solicitor who has in force a practising certificate. |
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