Singapore legislation
Regulation 51
Regulation 51
Application for Joint Law Venture licence
Subregulation 1
A Joint Law Venture may be constituted by —
a partnership between a foreign law practice and a Singapore law practice; or
the incorporation of a company under Singapore law, with the shares in the company being held by a foreign law practice and a Singapore law practice or by their respective nominees.
Subregulation 2
The following conditions apply to an application by a foreign law practice and a Singapore law practice for a Joint Law Venture licence under section 169(1) of the Act:
the foreign law practice and the Singapore law practice must have relevant legal expertise and experience which are acceptable to the Director of Legal Services in any of the following areas of legal practice:
banking law;
finance law;
corporate law;
arbitration;
intellectual property law;
maritime law;
any other areas of legal practice that facilitate or assist in the growth and development of the Singapore economy;
the foreign law practice must have 5 or more foreign lawyers resident in Singapore, each of whom has at least 5 years of relevant legal expertise and experience in any of the areas of legal practice referred to in sub-paragraph (a);
at least 2 of the foreign lawyers referred to in sub‑paragraph (b) must be equity partners in the foreign law practice or, in the case of a foreign law practice constituted as a corporation, equity holding directors of the foreign law practice;
the Singapore law practice must have 5 or more solicitors, each of whom has at least 5 years of relevant legal expertise and experience in any of the areas of legal practice referred to in sub-paragraph (a);
at least 2 of the solicitors referred to in sub-paragraph (d) must be equity partners in the Singapore law practice or, in the case of a law corporation, equity holding directors of the law corporation;
if the Joint Law Venture is to be constituted as a partnership, and the foreign law practice is not a Qualifying Foreign Law Practice, the number of equity partners in the foreign law practice who are resident in Singapore must not at any time be greater than the number of equity partners in the Singapore law practice;
if the Joint Law Venture is to be constituted as a corporation, and the foreign law practice is not a Qualifying Foreign Law Practice, the number of directors nominated by the foreign law practice must not at any time be greater than the number of directors nominated by the Singapore law practice;
the foreign law practice and the Singapore law practice have entered into a written agreement to jointly manage the Joint Law Venture and, if requested, must submit a copy of such agreement to the Director of Legal Services;
the foreign law practice and the Singapore law practice must submit an agreed written business plan describing the objectives of the Joint Law Venture and the implementation of the business plan (including plans to transfer legal and other related skills, expertise, know-how or technology of the foreign law practice to the Singapore law practice).
Subregulation 3
For the purposes of determining whether a solicitor or foreign lawyer satisfies the period of relevant legal expertise and experience required under paragraph (2), the following periods must be disregarded:
any period spent attending any course of instruction, course of study or postgraduate education not required to satisfy any applicable requirements relating to continuing professional development; and
any period spent in serving any articles, period of pupillage, practice training period or other period of supervised training in relation to the practice of law (by whatever name called).
Subregulation 4
The Director of Legal Services must notify the applicants in writing of the decision of the Director of Legal Services under section 169(2) of the Act.
Subregulation 5
If an application for a Joint Law Venture licence under section 169(1) of the Act is granted, the Director of Legal Services must issue the applicants a Joint Law Venture licence.
Subregulation 6
If, at any time after a Joint Law Venture licence is issued under section 169 of the Act, the Director of Legal Services is satisfied that the application for the licence, or any certificate or other document accompanying that application, contains any substantially false statement or a suppression of any material fact, or that any such certificate or document was obtained by fraud or misrepresentation, the Director of Legal Services may cancel the licence.
Subregulation 7
The prescribed date for the purposes of section 169(12) and (14) of the Act is 18 November 2015.