Singapore legislation
Section 169
Section 169
Joint Law Venture
(1)
A foreign law practice and a Singapore law practice may apply jointly for a Joint Law Venture licence if they satisfy —
such conditions as may be prescribed; and
such conditions as the Director of Legal Services may think fit to impose in any particular case.
(2)
The Director of Legal Services may, after consulting such authorities as he or she thinks fit, grant or refuse an application under subsection (1).
(3)
An application under subsection (1) may be granted, and a Joint Law Venture licence may be issued, subject to —
such conditions as may be prescribed; and
such conditions as the Director of Legal Services may think fit to impose in any particular case.
(4)
A Joint Law Venture licence —
entitles the constitution, in such manner as may be prescribed, of a Joint Law Venture by the foreign law practice and the Singapore law practice to which the licence has been issued;
despite anything to the contrary in Part 4, entitles the Joint Law Venture, during the period of validity of the licence —
to practise Singapore law in accordance with such terms and conditions as may be prescribed; and
to such other privileges as may be prescribed or otherwise conferred by law, or as the Director of Legal Services may confer; and
despite anything to the contrary in Part 4, entitles the constituent foreign law practice of the Joint Law Venture, during the period of validity of the licence —
to practise Singapore law through the Joint Law Venture in, and only in, the permitted areas of legal practice, in accordance with such terms and conditions as may be prescribed; and
to such other privileges as may be prescribed or otherwise conferred by law, or as the Director of Legal Services may confer.
(5)
A Joint Law Venture, or its constituent foreign law practice and constituent Singapore law practice, must pay to the Director of Legal Services such licence fee at such times and in such manner as may be prescribed.
(6)
Without prejudice to the solicitor-client privilege that exists between —
a foreign law practice or Singapore law practice; and
its client, or a client of a Joint Law Venture of which it is the constituent foreign law practice or constituent Singapore law practice,solicitor‑client privilege exists between a Joint Law Venture and its client in the same way as it exists between a solicitor and his or her client.
(7)
Except as may otherwise be prescribed, nothing in this Act prevents the constituent foreign law practice and the constituent Singapore law practice of a Joint Law Venture from sharing office premises, profits or client information with respect to the legal practice of the Joint Law Venture.
(8)
To avoid doubt, Divisions 1, 2 and 3 do not apply to a Joint Law Venture.
(9)
A Joint Law Venture which is a company is deemed, even though the shares in the Joint Law Venture are held by more than 20 members or by a corporation, to be an exempt private company for the purposes of the Companies Act 1967.
(10)
Despite section 27 of the Companies Act 1967 —
a Joint Law Venture which is a limited company need not have the word “Limited” or “Berhad” as part of its name; and
a Joint Law Venture which is a private company need not have the word “Private” or “Sendirian” as part of its name.
(11)
In exercising his or her powers under this section, the Director of Legal Services may waive or modify the application of any requirement under this Division in relation to a Joint Law Venture or its constituent foreign law practice or constituent Singapore law practice.
(12)
With effect from 18 November 2015 —
an entity which, immediately before that date, was or was deemed to be a Joint Law Venture constituted under the repealed section 130B as in force immediately before that date is deemed to be a Joint Law Venture constituted under this section;
the foreign law practice and the Singapore law practice constituting that entity, which were issued, or were deemed to have been issued, a licence under the repealed section 130B as in force immediately before that date, are deemed, until the day on which that licence would otherwise expire or until the Director of Legal Services issues a Joint Law Venture licence in respect of that entity under subsection (13) (whichever is the earlier), to have been issued a Joint Law Venture licence subject to —
the conditions mentioned in subsection (3)(a);
the conditions (if any) imposed by the Attorney‑General under the repealed section 130B(3)(b) or (12) or 130P(5)(b) as in force immediately before that date, subject to which that licence was issued or was deemed to have been issued; and
such conditions as the Director of Legal Services may think fit to impose in any particular case; and
any undertaking provided in respect of that entity under the repealed section 130Q as in force immediately before that date is enforceable by the Director of Legal Services as if that undertaking were provided under section 179.
(13)
The Attorney-General may transfer to the Director of Legal Services the particulars of and documents relating to any entity mentioned in subsection (12), and the foreign law practice and the Singapore law practice constituting that entity, and the Director of Legal Services may, upon receiving those particulars and documents, issue a Joint Law Venture licence in respect of that entity to that foreign law practice and that Singapore law practice, subject to the conditions mentioned in subsection (3)(a) and such conditions as the Director of Legal Services may think fit to impose in any particular case, without any action on the part of that foreign law practice or that Singapore law practice.
(14)
With effect from 18 November 2015 —
any application which was made before that date for a Joint Law Venture licence under the repealed section 130B as in force immediately before that date, and which is pending immediately before that date, is deemed to be an application for a Joint Law Venture licence under this section; and
any undertaking provided under the repealed section 130Q as in force immediately before that date, by a person making that application, is deemed to be an undertaking provided under section 179 by that person.
(15)
The Attorney-General may transfer to the Director of Legal Services the particulars of and documents relating to any application mentioned in subsection (14).