Singapore legislation

Section 36B

of Legal Profession Act 1966

Section 36B

Registration of foreign lawyer to practise both Singapore law and foreign law in Singapore

Amended by40/201440/201440/201440/201440/201440/201440/201440/201440/2014

(1)

An application may be made for a foreign lawyer to be registered under this section, if the foreign lawyer possesses such qualifications and satisfies such requirements as may be prescribed.

Amended by40/2014

(2)

The Director of Legal Services may approve an application under subsection (1), and register a foreign lawyer to practise both Singapore law and foreign law in Singapore, subject to —

(a)

such conditions as may be prescribed; and

(b)

such conditions as the Director of Legal Services may think fit to impose in any particular case.

Amended by40/2014

(3)

A foreign lawyer who is registered under this section is entitled —

(a)

despite anything to the contrary in Part 4 —

(i)

to practise Singapore law in, and only in, the permitted areas of legal practice; and

(ii)

to recover costs and retain payments in respect of such practice; and

(b)

to such other privileges as may be prescribed.

Amended by40/2014

(4)

The registration of a foreign lawyer under this section —

(a)

lapses on the occurrence of such events as may be prescribed; or

(b)

is suspended, for such period as the Director of Legal Services may think fit, on the occurrence of such events as may be prescribed.

Amended by40/2014

(5)

Nothing in this section is to be construed so as to affect any right or privilege of an advocate and solicitor conferred by this Act or any other written law.

Amended by40/2014

(6)

With effect from 18 November 2015 —

(a)

a foreign lawyer who, immediately before that date, was or was deemed to be registered under the repealed section 130I as in force immediately before that date is deemed to be registered under this section, subject to —

(i)

the conditions mentioned in subsection (2)(a);

(ii)

the conditions (if any) imposed by the Attorney‑General under the repealed section 130I(2)(b) or (6) or 130P(5)(b) as in force immediately before that date, subject to which the foreign lawyer was or was deemed to be registered; and

(iii)

such conditions as the Director of Legal Services may think fit to impose in any particular case; and

(b)

any undertaking provided by that foreign lawyer under the repealed section 130M or 130Q as in force immediately before that date is enforceable by the Director of Legal Services as if that undertaking were provided under section 177 or 36I, as the case may be.

Amended by40/2014

(7)

The Attorney-General may transfer to the Director of Legal Services the particulars of and documents relating to any foreign lawyer mentioned in subsection (6), and the Director of Legal Services may, upon receiving those particulars and documents, issue a foreign practitioner certificate to that foreign lawyer, without any action on the part of that foreign lawyer.

Amended by40/2014

(8)

With effect from 18 November 2015 —

(a)

any application which was made before that date for a foreign lawyer to be registered under the repealed section 130I as in force immediately before that date, and which is pending immediately before that date, is deemed to be an application for that foreign lawyer to be registered under this section; and

(b)

any undertaking provided by that foreign lawyer under the repealed section 130M or 130Q as in force immediately before that date is deemed to be an undertaking provided by that foreign lawyer under section 177 or 36I, as the case may be.

Amended by40/2014

(9)

The Attorney-General may transfer to the Director of Legal Services the particulars of and documents relating to any foreign lawyer mentioned in subsection (8).

Amended by40/2014