Singapore legislation
Section 174
Section 174
Regulatory control over Joint Law Venture or Formal Law Alliance
(1)
The Director of Legal Services may, by written notice to a Joint Law Venture or a Formal Law Alliance, do any of the following things, if the Director of Legal Services is satisfied that there is sufficient reason for doing so:
suspend or revoke the Joint Law Venture licence or Formal Law Alliance licence which was issued in respect of the Joint Law Venture or Formal Law Alliance, as the case may be;
order the Joint Law Venture or Formal Law Alliance, or one or more of the law practices constituting the Joint Law Venture or forming the Formal Law Alliance (as the case may be) to pay a penalty of not more than $100,000;
give a warning to the Joint Law Venture or Formal Law Alliance, as the case may be.
(2)
Without limiting subsection (1), the Director of Legal Services may, by written notice to a Joint Law Venture or a Formal Law Alliance, do anything referred to in subsection (1)(a), (b) or (c), if —
the registration or authorisation to practise law in a state or territory outside Singapore of the constituent foreign law practice of the Joint Law Venture or of a foreign law practice which is a member of the Formal Law Alliance, as the case may be —
has been cancelled by the relevant authority of that state or territory as a result of any criminal, civil or disciplinary proceedings; or
has lapsed;
the Joint Law Venture or Formal Law Alliance (as the case may be) contravenes Part 5A or any rules made under section 70H, or fails to comply with any requirement under this Division;
the Joint Law Venture or Formal Law Alliance (as the case may be) fails to comply with any condition subject to which the Joint Law Venture licence or Formal Law Alliance licence (as the case may be) was issued;
the constituent foreign law practice of the Joint Law Venture or a foreign law practice which is a member of the Formal Law Alliance (as the case may be) has been dissolved or is in liquidation;
the Joint Law Venture or Formal Law Alliance (as the case may be) has been dissolved or reconstituted without the approval of the Director of Legal Services; or
the Director of Legal Services is satisfied that it is in the public interest to do so.
(3)
Before doing under subsection (1) or (2) anything referred to in subsection (1)(a), (b) or (c), the Director of Legal Services must give the Joint Law Venture or Formal Law Alliance, or the constituent foreign law practice of the Joint Law Venture or each foreign law practice which is a member of the Formal Law Alliance (as the case may be) not less than 14 days after the date of the notice to make representations in writing.
(4)
Where an entity which was registered as a Joint Law Venture under the repealed section 130B as in force immediately before 19 September 2008 is deemed under section 169(12) to be a Joint Law Venture constituted under section 169, and any matter has arisen before 19 September 2008 which may constitute a ground for the cancellation of that registration under the provisions of the repealed section 130F as in force immediately before 19 September 2008, the Director of Legal Services may, on or after the prescribed date, rely on that matter as a sufficient reason under subsection (1) to do anything mentioned in subsection (1)(a), (b) or (c) in relation to that entity.
(5)
Where an entity which was licensed as a Joint Law Venture under the repealed section 130B as in force immediately before the prescribed date is deemed under section 169(12) to be a Joint Law Venture constituted under section 169, and any matter has arisen before the prescribed date which may constitute a ground for the suspension or revocation of the Joint Law Venture licence issued in respect of that entity under the repealed section 130G as in force immediately before the prescribed date, the Director of Legal Services may, on or after the prescribed date, rely on that matter as a sufficient reason under subsection (1) to do anything mentioned in subsection (1)(a), (b) or (c) in relation to that entity.
(6)
Where an alliance formed by one or more foreign law practices and one or more Singapore law practices which was registered as a Formal Law Alliance under the repealed section 130C as in force immediately before 19 September 2008 is deemed under section 170(10) to be a Formal Law Alliance formed under section 170, and any matter has arisen before 19 September 2008 which may constitute a ground for the cancellation of that registration under the provisions of the repealed section 130F as in force immediately before 19 September 2008, the Director of Legal Services may, on or after the prescribed date, rely on that matter as a sufficient reason under subsection (1) to do anything mentioned in subsection (1)(a), (b) or (c) in relation to that alliance.
(7)
Where an alliance formed by one or more foreign law practices and one or more Singapore law practices which was licensed as a Formal Law Alliance under the repealed section 130C as in force immediately before the prescribed date is deemed under section 170(10) to be a Formal Law Alliance formed under section 170, and any matter has arisen before the prescribed date which may constitute a ground for the suspension or revocation of the Formal Law Alliance licence issued in respect of that alliance under the repealed section 130G as in force immediately before the prescribed date, the Director of Legal Services may, on or after the prescribed date, rely on that matter as a sufficient reason under subsection (1) to do anything mentioned in subsection (1)(a), (b) or (c) in relation to that entity.