Singapore legislation

Section 36M

of Legal Profession Act 1966

Section 36M

Rules for this Part

Amended by40/201440/2014

(1)

The Minister may make such rules as may be necessary or expedient for the purposes of this Part.

Amended by40/2014

(2)

Without limiting subsection (1), the Minister may make rules —

(a)

to prescribe anything which may be prescribed under this Part;

(b)

to provide for any provision of this Act (other than this Part) to apply, with such modifications as may be specified, to —

(i)

a solicitor practising in —

(A)

a constituent Singapore law practice or constituent foreign law practice of a Joint Law Venture; or

(B)

a Singapore law practice or foreign law practice which is a member of a Formal Law Alliance; or

(ii)

a foreign lawyer registered under section 36B;

(c)

to prescribe the qualifications, experience and expertise required of a foreign lawyer for eligibility to apply for registration under section 36B, 36C or 36D;

(d)

to prescribe the conditions that a foreign lawyer registered under section 36B, 36C or 36D must comply with;

(e)

to specify the type of Singapore law practice at which a foreign lawyer registered under section 36B, 36C or 36D may practise, including the areas of practice of the Singapore law practice;

(f)

to prescribe the institutions of higher learning and the qualifications conferred by each such institution which may be recognised for the purposes of section 36B;

(g)

to prescribe the courses of instruction, and the subjects in each such course of instruction, which a foreign lawyer must attend and satisfactorily complete before he or she can be registered under section 36B;

(h)

to prescribe the examinations which a foreign lawyer must pass before he or she can be registered under section 36B;

(i)

to specify the minimum standard of attainment to be achieved by a foreign lawyer in relation to the qualifications mentioned in paragraph (f), courses mentioned in paragraph (g) or examinations mentioned in paragraph (h);

(j)

to require a foreign lawyer mentioned in section 36B to have practised as a partner, a director or an employee in a Singapore law practice for a minimum period, and to specify any requirements as to the type of Singapore law practice at which the foreign lawyer must have practised, including any area of practice of the Singapore law practice;

(k)

to prescribe any condition for eligibility to apply for any registration under this Part;

(l)

to provide, without limiting section 36H, for the making of any application for any registration under this Part, or for the renewal of any such registration, and for all other related matters;

(m)

to provide for —

(i)

the payment of fees (including administrative fees and processing fees) and other charges for —

(A)

any application for or renewal of any registration under this Part; and

(B)

any matter related or incidental to any such application or renewal; and

(ii)

all other related matters;

(n)

to provide for the cancellation, suspension or lapsing of any registration under this Part;

(o)

to require the submission of information and particulars relating to any foreign lawyer, solicitor or other individual required to be registered under this Part;

(p)

to provide for the form and manner in which registers of foreign lawyers, solicitors and regulated non‑practitioners registered under this Part are to be kept;

(q)

to provide for the issuance and amendment of foreign practitioner certificates, certificates of registration or certificates of good standing and certified true copies of such certificates, and for the payment of fees in relation to such certificates;

(r)

for regulating foreign lawyers, solicitors and regulated non‑practitioners registered under this Part, including the imposition of compulsory insurance cover and financial controls;

(s)

to provide for any provision of this Act that is applicable to an advocate and solicitor to apply, with such modifications as may be specified, to any foreign lawyer, solicitor or regulated non‑practitioner registered under this Part;

(t)

to provide for sections 72 and 73 and any rules made under section 72 or 73 to apply, with such modifications as may be specified, to —

(i)

a foreign lawyer registered under section 36B or 36D; or

(ii)

a solicitor registered under section 36E,in respect of the practice of Singapore law;

(u)

to exempt any person or entity, or any class of persons or entities, from any provision of this Part or of any rules made under section 74(3) or 75B(3); and

(v)

to prescribe such transitional, savings, incidental, consequential or supplementary provisions as the Minister considers necessary or expedient.

Amended by40/2014