Singapore legislation
Regulation 52
Regulation 52
Privileges and conditions relevant to Joint Law Venture licence
Subregulation 1
Subject to the provisions of these Rules, a Joint Law Venture may —
practise in the areas of legal practice mutually agreed between the constituent law practices constituting the Joint Law Venture;
market or publicise itself as a single service provider competent to provide legal services in all areas which the constituent law practices are qualified to provide; and
bill its clients as if it were a single law practice.
Subregulation 2
A Joint Law Venture must not practise Singapore law except —
in the permitted areas of legal practice; and
through —
a solicitor who practises in the constituent Singapore law practice of the Joint Law Venture;
a solicitor registered under section 36E of the Act who practises in the Joint Law Venture or its constituent foreign law practice; or
a foreign lawyer registered under section 36B of the Act who practises in the Joint Law Venture, its constituent foreign law practice or its constituent Singapore law practice.
Subregulation 3
Despite paragraph (2), a Joint Law Venture may do all or any of the following through an individual in paragraph (4):
appear and plead in any relevant proceedings, or in any proceedings that are preliminary to any relevant proceedings;
appear and plead in the appellate court in any relevant appeal, or in any proceedings that are preliminary to any relevant appeal;
represent any party to —
any relevant proceedings or relevant appeal in any matter concerning those proceedings or that appeal, as the case may be; or
any proceedings that are preliminary to any relevant proceedings or relevant appeal in any matter concerning those preliminary proceedings;
give advice, prepare documents and provide any other assistance in relation to or arising out of any relevant proceedings, any relevant appeal, or any proceedings that are preliminary to any relevant proceedings or relevant appeal.
Subregulation 4
For the purposes of paragraph (3), the individual is —
a solicitor who practises in the constituent Singapore law practice of the Joint Law Venture;
a solicitor registered under section 36E of the Act who practises in the Joint Law Venture or its constituent foreign law practice; or
a foreign lawyer granted full registration under section 36P of the Act who —
is also registered under section 36B or 36C of the Act; and
practises in the Joint Law Venture, its constituent foreign law practice or its constituent Singapore law practice.
Subregulation 4A
Despite paragraph (3), a Joint Law Venture may not, in any section 36P(1A) proceedings, do any of the following through an individual in paragraph (4)(b):
plead any matter without the permission of the Singapore International Commercial Court or the appellate court (as the case may be) under rule 14(1A)(a) of the Legal Profession (Regulated Individuals) Rules 2015 (G.N. No. S 701/2015);
make a submission on any matter of Singapore law.
Subregulation 4B
Despite paragraph (3), a Joint Law Venture may not, in any section 36P(1A) proceedings, do any of the following through an individual in paragraph (4)(c):
plead any matter without the permission of the Singapore International Commercial Court or the appellate court (as the case may be) under section 36P(1A)(a) of the Act;
make a submission on any matter of Singapore law.
Subregulation 5
Despite paragraph (2), a Joint Law Venture may do all or any of the following through a foreign lawyer granted restricted registration under section 36P of the Act who is also registered under section 36B or 36C of the Act and practises in the Joint Law Venture, its constituent foreign law practice or its constituent Singapore law practice:
appear in any relevant proceedings, solely for the purposes of making submissions on such matters of foreign law as are permitted by the Singapore International Commercial Court or the appellate court, in accordance with the Rules of Court 2021 (G.N. No. S 914/2021);
appear in the appellate court in any relevant appeal, solely for the purposes of making submissions on such matters of foreign law as are permitted by the Singapore International Commercial Court or the appellate court, in accordance with the Rules of Court 2021;
give advice and prepare documents, solely for the purposes of making submissions, in any relevant proceedings or relevant appeal, on such matters of foreign law as are permitted by the Singapore International Commercial Court or the appellate court, in accordance with the Rules of Court 2021.
Subregulation 6
A constituent foreign law practice of a Joint Law Venture must not practise law in or from Singapore, or do all or any of the things referred to in paragraphs (3)(a) to (d) and (5)(a), (b) and (c), except through the Joint Law Venture.
Subregulation 7
The number of solicitors registered under section 36E of the Act to practise Singapore law in a Joint Law Venture or its constituent foreign law practice must not at any time exceed —
in any case where the constituent foreign law practice is a Qualifying Foreign Law Practice, 4 times the total number of the following:
foreign lawyers registered under section 36B or 36C of the Act who practise in the Joint Law Venture or its constituent law practices;
foreign lawyers registered under section 36D of the Act in relation to the constituent Singapore law practice of the Joint Law Venture; or (iii)[Deleted by S 480/2018 wef 01/08/2018](b)in any other case, the total number of the following:
foreign lawyers registered under section 36B or 36C of the Act who practise in the Joint Law Venture or its constituent law practices;
foreign lawyers registered under section 36D of the Act in relation to the constituent Singapore law practice of the Joint Law Venture.(iii)[Deleted by S 480/2018 wef 01/08/2018]
Subregulation 8
For the purposes of ascertaining the total number of foreign lawyers referred to in paragraph (7), “foreign lawyer” means any foreign lawyer who has practised law for not less than 3 years in any period after being authorised or registered to practise law.
Subregulation 9
Subject to paragraph (10) and the profit threshold requirements, a constituent foreign law practice of the Joint Law Venture may share in the profits of the constituent Singapore law practice of the Joint Law Venture.
Subregulation 10
Where a Joint Law Venture was constituted under a Joint Law Venture licence issued pursuant to an application for that licence made before 1 June 2012 under rule 4 of the revoked Legal Profession (International Services) Rules 2008 (G.N. No. S 481/2008) as in force before 18 November 2015, the total amount of payments made by the constituent Singapore law practice of the Joint Law Venture, during any financial year of that Singapore law practice, to the constituent foreign law practice of the Joint Law Venture under paragraph (9) must not exceed 49% of the total profits of that Singapore law practice during that financial year arising from the permitted areas of legal practice, based on the audited financial statement of that Singapore law practice for that financial year.
Subregulation 11
A solicitor may concurrently be —
a partner or director of a Joint Law Venture;
a partner or director of the constituent Singapore law practice of the Joint Law Venture; and
a partner or director of the constituent foreign law practice of the Joint Law Venture.
Subregulation 12
A foreign lawyer who is not a solicitor may, with the approval of the Director of Legal Services, concurrently be —
a partner or director of a Joint Law Venture or its constituent foreign law practice; and
a partner or director of the constituent Singapore law practice of the Joint Law Venture.
Subregulation 13
It is a condition of an approval under paragraph (12) that the constituent Singapore law practice of the Joint Law Venture satisfies all general threshold requirements and all profit threshold requirements so long as the approval is in force.
Subregulation 14
The Director of Legal Services must not grant an approval under paragraph (12) unless the Director of Legal Services is satisfied, at that time, that —
the constituent Singapore law practice of the Joint Law Venture satisfies all general threshold requirements; and
there is no actual or potential conflict of interests, if the foreign lawyer is allowed to concurrently be —
a partner or director of the Joint Law Venture or its constituent foreign law practice; and
a partner or director of the constituent Singapore law practice of the Joint Law Venture.
Subregulation 15
The Director of Legal Services may cancel an approval granted to a foreign lawyer under paragraph (12) if the Director of Legal Services is satisfied, at that time, that —
the constituent Singapore law practice of the Joint Law Venture does not satisfy any of the general threshold requirements or profit threshold requirements; or
there is, or will be, any actual or potential conflict of interests, should the foreign lawyer continue to concurrently be —
a partner or director of the Joint Law Venture or its constituent foreign law practice; and
a partner or director of the constituent Singapore law practice of the Joint Law Venture.
Subregulation 16
Every Joint Law Venture must maintain, throughout the period while its Joint Law Venture licence is in force, one or more insurance policies which provide indemnity against loss arising from claims in respect of civil liability in connection with the provision of legal services in or from Singapore by the Joint Law Venture.
Subregulation 17
The insurance policies referred to in paragraph (16) must be of similar coverage terms and for at least the amount required under any rules made under section 75A of the Act in respect of Singapore law practices or such other amount as may be specified by the Director of Legal Services.
Subregulation 18
The directors of a Joint Law Venture which is a limited company must ensure that every invoice or official correspondence of the Joint Law Venture bears the statement that it is incorporated with limited liability.
Subregulation 19
No material modification is to be made to an agreement referred to in rule 51(2)(h) or a business plan submitted under rule 51(2)(i) without the prior written approval of the Director of Legal Services.
Subregulation 20
The conditions in rule 51(2) continue to apply for so long as the Joint Law Venture licence is in force.
Subregulation 21
The Joint Law Venture must submit an annual report of its performance, containing such information as the Director of Legal Services may require, to the Director of Legal Services within 3 months after the end of each period of 12 months commencing from such date as the Director of Legal Services may specify.
Subregulation 22
Every Joint Law Venture must, within 7 days after lodging any document with the Registrar of Businesses, the Registrar of Limited Liability Partnerships or the Registrar of Companies, submit to the Director of Legal Services a copy of the lodged document, if required by the Director of Legal Services to do so.