Singapore legislation
Section 177
Section 177
Measures to ensure compliance with section 176
(1)
Where a Singapore law practice applies for an approval under section 176(1) in respect of a foreign lawyer, the Director of Legal Services may require the Singapore law practice making the application, the foreign lawyer and any partner or director of the Singapore law practice to provide such undertakings as the Director of Legal Services thinks fit to prevent any direct or indirect circumvention of section 176 or any condition under section 176(2).
(2)
Where any foreign lawyer, Singapore law practice or partner or director mentioned in subsection (1) has contravened section 176 or any undertaking provided by that person or Singapore law practice (as the case may be) under subsection (1) —
the foreign lawyer, Singapore law practice or partner or director concerned (as the case may be) must without delay notify the Director of Legal Services in writing of the contravention;
the foreign lawyer or partner or director concerned (as the case may be) must immediately cease to exercise his or her voting rights as a shareholder or partner in the Singapore law practice concerned;
subject to any direction issued by the Director of Legal Services under subsection (4)(b), the foreign lawyer concerned must as soon as practicable repay to the Singapore law practice concerned any payment he or she has received in excess of the amount permitted under any rules made under section 184;
the foreign lawyer, Singapore law practice or partner or director concerned (as the case may be) must take all reasonable steps to remove the circumstances giving rise to the contravention; and
the foreign lawyer, Singapore law practice or partner or director concerned (as the case may be) must comply with any directions issued by the Director of Legal Services under subsections (3) and (4).
(3)
Where any foreign lawyer, Singapore law practice or partner or director mentioned in subsection (1) has contravened section 176 or any undertaking required under subsection (1), the Director of Legal Services may —
cancel the approval under section 176(1) in respect of the foreign lawyer concerned; and
issue directions to the foreign lawyer, Singapore law practice or partner or director concerned (as the case may be) to ensure compliance with section 176.
(4)
Without limiting subsection (3)(b), the Director of Legal Services may direct —
the foreign lawyer concerned to divest himself or herself of any shares or equity interests he or she may have in the Singapore law practice within such time as the Director of Legal Services may specify;
the foreign lawyer concerned to repay to the Singapore law practice concerned any payment he or she has received in excess of the amount permitted under any rules made under section 184 within such time as the Director of Legal Services may specify; and
the foreign lawyer concerned to cease doing any act in his or her capacity as a partner, a director or an officer of the Singapore law practice concerned.
(5)
Where a Singapore law practice applies for an approval under section 176(9) in respect of a foreign law practice, the Director of Legal Services may require the Singapore law practice making the application, the foreign law practice and any partner or director of the Singapore law practice or foreign law practice to provide such undertakings as the Director of Legal Services thinks fit to prevent any direct or indirect circumvention of section 176 or any condition under section 176(10).
(6)
Where any Singapore law practice, foreign law practice or partner or director mentioned in subsection (5) has contravened section 176 or any undertaking provided by the Singapore law practice, foreign law practice or partner or director concerned (as the case may be) under subsection (5) —
the Singapore law practice, foreign law practice or partner or director concerned (as the case may be) must without delay notify the Director of Legal Services in writing of the contravention;
the partner or director concerned must, if he or she is a partner or director of the Singapore law practice concerned, immediately cease to exercise his or her voting rights as a shareholder or partner in the Singapore law practice concerned;
subject to any direction issued by the Director of Legal Services under subsection (8)(b), the foreign law practice concerned must as soon as practicable repay to the Singapore law practice concerned any payment it has received in excess of the amount permitted under any rules made under section 184;
the Singapore law practice, foreign law practice or partner or director concerned (as the case may be) must take all reasonable steps to remove the circumstances giving rise to the contravention; and
the Singapore law practice, foreign law practice or partner or director concerned (as the case may be) must comply with any directions issued by the Director of Legal Services under subsections (7) and (8).
(7)
Where any Singapore law practice, foreign law practice or partner or director mentioned in subsection (5) has contravened section 176 or any undertaking required under subsection (5), the Director of Legal Services may —
cancel the approval under section 176(9) in respect of the foreign law practice concerned; and
issue directions to the Singapore law practice, foreign law practice or partner or director concerned (as the case may be) to ensure compliance with section 176.
(8)
Without limiting subsection (7)(b), the Director of Legal Services may direct the foreign law practice concerned —
to divest itself of any shares it may have in the Singapore law practice concerned within such time as the Director of Legal Services may specify; and
to repay to the Singapore law practice concerned any payment the foreign law practice has received in excess of the amount permitted under any rules made under section 184 within such time as the Director of Legal Services may specify.
(9)
A direction under this section must be —
issued in writing and must specify the provision under section 176 or the undertaking provided under this section that has been contravened; and
sent to the person or law practice to which it relates at the last known address of that person or law practice.
(10)
Any undertaking provided under the repealed section 130M(1) or (4A) as in force immediately before the prescribed date is deemed, with effect from that date, to be an undertaking provided under subsection (1) or (5), as the case may be.
(11)
Any directions issued by the Attorney-General under the repealed section 130M(3), (4), (4C) or (4D) as in force immediately before the prescribed date are deemed, with effect from that date, to be directions issued by the Director of Legal Services under subsection (3), (4), (7) or (8), as the case may be.