Singapore legislation
Section 170
Section 170
Formal Law Alliance
(1)
One or more foreign law practices and one or more Singapore law practices may apply jointly for a Formal Law Alliance 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 Formal Law Alliance 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 Formal Law Alliance licence —
entitles the formation of a Formal Law Alliance by the law practices to which the licence has been issued (each called in this Division a member of the Formal Law Alliance);
despite anything to the contrary in Part 4, entitles the Formal Law Alliance, during the period of validity of the licence, to such privileges as may be prescribed or otherwise conferred by law; and
despite anything to the contrary in Part 4, entitles each foreign law practice which is a member of the Formal Law Alliance, during the period of validity of the licence —
to practise Singapore law in, and only in, such areas of legal practice and 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.
(5)
A Formal Law Alliance or its members 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 Formal Law Alliance of which it is a member,solicitor-client privilege exists between a Formal Law Alliance 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 a foreign law practice which is a member of a Formal Law Alliance and a Singapore law practice which is a member of the Formal Law Alliance from sharing office premises, profits or client information with respect to the legal practice of the Formal Law Alliance.
(8)
A foreign law practice or Singapore law practice may be a joint applicant for more than one Formal Law Alliance licence.
(9)
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 Formal Law Alliance, any foreign law practice which is a member of a Formal Law Alliance or any Singapore law practice which is a member of a Formal Law Alliance.
(10)
With effect from 18 November 2015 —
an alliance formed by one or more foreign law practices and one or more Singapore law practices which, immediately before that date, was or was deemed to be a Formal Law Alliance formed under the repealed section 130C as in force immediately before that date is deemed to be a Formal Law Alliance formed under this section;
the law practices forming that alliance, which were issued, or were deemed to have been issued, a licence under the repealed section 130C 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 Formal Law Alliance licence in respect of that alliance under subsection (11) (whichever is the earlier), to have been issued a Formal Law Alliance licence subject to —
the conditions mentioned in subsection (3)(a);
the conditions (if any) imposed by the Attorney‑General under the repealed section 130C(3)(b) or (9) 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 alliance 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.
(11)
The Attorney-General may transfer to the Director of Legal Services the particulars of and documents relating to any alliance mentioned in subsection (10), and the law practices forming that alliance, and the Director of Legal Services may, upon receiving those particulars and documents, issue a Formal Law Alliance licence in respect of that alliance to those law practices, 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 any of those law practices.
(12)
With effect from 18 November 2015 —
any application which was made before that date for a Formal Law Alliance licence under the repealed section 130C as in force immediately before that date, and which is pending immediately before that date, is deemed to be an application for a Formal Law Alliance 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.
(13)
The Attorney-General may transfer to the Director of Legal Services the particulars of and documents relating to any application mentioned in subsection (12).