Singapore legislation
Section 82B
Section 82B
Disciplinary proceedings against regulated non-practitioners
(1)
Every regulated non-practitioner is subject to the control of the Supreme Court and shall be liable on due cause shown —
to divest himself or herself of any shares or equity interests he or she may have in a Singapore law practice, Joint Law Venture, Qualifying Foreign Law Practice or licensed foreign law practice within such time as the Director of Legal Services may specify;
to pay a penalty of not more than $100,000;
to be censured; or
to suffer the punishment referred to in paragraph (b) in addition to the punishment referred to in paragraph (a) or (c).
(2)
Such due cause may be shown by proof that the regulated non‑practitioner —
has been convicted of a criminal offence, implying a defect of character which makes him or her unfit to be a regulated non‑practitioner;
has been guilty of any of the following:
fraudulent or grossly improper conduct —
in the discharge of his or her duty as a director or partner in any Singapore law practice, Joint Law Venture, Qualifying Foreign Law Practice or licensed foreign law practice; or
as a shareholder in, or an individual who shares in the profits of, any Singapore law practice, Joint Law Venture, Qualifying Foreign Law Practice or licensed foreign law practice;
such a breach of any of the following as amounts to improper conduct as a director, partner or shareholder in, or as an individual who shares in the profits of, any Singapore law practice, Joint Law Venture, Qualifying Foreign Law Practice or licensed foreign law practice:
any usage or rule of conduct made by the Professional Conduct Council under section 71;
Part 5A or any rules made under section 70H;
any rules made under section 36M(2)(r);
in the case of a regulated non-practitioner who is a director, partner or shareholder in, or who shares in the profits of, any Singapore law practice, any misconduct which would have been unbefitting an advocate and solicitor as an officer of the Supreme Court or as a member of an honourable profession, if an advocate and solicitor had been guilty of that misconduct;
in the case of a regulated non-practitioner who is a director, partner or shareholder in, or who shares in the profits of, any Joint Law Venture, Qualifying Foreign Law Practice or licensed foreign law practice, any misconduct which would have been unbefitting a regulated foreign lawyer as a member of an honourable profession, if a regulated foreign lawyer had been guilty of that misconduct;
has been adjudicated bankrupt and has been guilty of any of the acts or omissions mentioned in section 394(5)(a), (b), (c), (d), (e), (f), (h), (i), (k) or (l) of the Insolvency, Restructuring and Dissolution Act 2018;
carries on by himself, herself or any person in his or her employment any trade, business or calling that detracts from the profession of law or is in any way incompatible with it, or is employed in any such trade, business or calling; or
has contravened any of the provisions of this Act in relation thereto if such contravention warrants disciplinary action.
(3)
Sections 85 to 99 and 103 to 106 apply, with the necessary modifications, to a regulated non‑practitioner who is a director, partner or shareholder in, or who shares in the profits of, any Singapore law practice, as they apply to an advocate and solicitor, and for the purposes of such application —
any reference to section 83 is to be read as a reference to this section; and
any reference to an order that an advocate and solicitor be struck off the roll or suspended from practice for a period not exceeding 5 years is to be read as a reference to an order that the regulated non‑practitioner 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.
(4)
Sections 85 to 99 and 103 to 106 apply, with the necessary modifications, to a regulated non‑practitioner who is a director, partner or shareholder in, or who shares in the profits of, any Joint Law Venture, Qualifying Foreign Law Practice or licensed foreign law practice, as they apply to a regulated foreign lawyer, and for the purposes of such application —
any reference to section 83A is to be read as a reference to this section; and
any reference to an order that a regulated foreign lawyer have his or her registration under section 36B, 36C or 36D cancelled or suspended, or have the approval given to him or her under section 176(1) cancelled or suspended (as the case may be) is to be read as a reference to an order that the regulated non‑practitioner divest himself or herself of any shares or equity interests he or she may have in the Joint Law Venture, Qualifying Foreign Law Practice or licensed foreign law practice within such time as the Director of Legal Services may specify.
(5)
In any proceedings instituted under this section against a regulated non‑practitioner, the court may in addition to the facts of the case take into account his or her past conduct in order to determine what order should be made.
(6)
In any proceedings instituted under this section against a regulated non‑practitioner consequent upon his or her conviction for a criminal offence, an Inquiry Committee, a Disciplinary Tribunal and a court of 3 Supreme Court Judges mentioned in section 98 are to accept the conviction as final and conclusive.
(7)
Where a court of 3 Supreme Court Judges mentioned in section 98 orders a regulated non‑practitioner to divest himself or herself of any shares or equity interests he or she may have in a Singapore law practice, Joint Law Venture, Qualifying Foreign Law Practice or licensed foreign law practice within such time as the Director of Legal Services may specify, the Director of Legal Services —
must enforce that order; and
may give the regulated non-practitioner such further directions as the Director of Legal Services thinks proper for the purpose of giving effect to that order.