Regulation 59
Privileges and conditions applicable to foreign law practice licence
of Legal Profession (Law Practice Entities) Rules 2015
Subregulation 1
Subject to paragraphs (6), (7), (8) and (10), a licensed foreign law practice —
may practise Singapore law only in relation to a relevant agreement; and
must not practise Singapore law except through a solicitor registered under section 36E of the Act, or a foreign lawyer registered under section 36B of the Act, who practises in the licensed foreign law practice.
Subregulation 2
Subject to paragraphs (6), (7), (8) and (10), a solicitor registered under section 36E of the Act to practise Singapore law in a licensed foreign law practice, or a foreign lawyer registered under section 36B of the Act who practises Singapore law in a licensed foreign law practice, may practise Singapore law in the licensed foreign law practice only in relation to a relevant agreement.
Subregulation 3
Paragraphs (1) and (2) only apply to practice of Singapore law which is necessitated by reason that it is proposed, under the relevant agreement, that Singapore will be the place of the arbitration or that Singapore law will apply.
Subregulation 4
Paragraphs (1) and (2) only apply —
in a case where it is proposed that Singapore will be the place of the arbitration under the relevant agreement, and the arbitration is international within the meaning of section 5(2) of the International Arbitration Act (Cap. 143A); or
in a case where it is proposed that Singapore law will apply under the relevant agreement, and any one or more of the following circumstances exist:
every party to the relevant agreement is incorporated, resident or has its place of business outside Singapore;
the subject matter of the relevant agreement —
is most closely connected to a place located outside Singapore; or
has no physical connection to Singapore;
the obligations under the relevant agreement are to be performed entirely outside Singapore.
Subregulation 5
The privileges conferred by paragraphs (1) and (2) —
apply in addition to anything permitted under section 35 of the Act; but(b)do not include any privilege to practise Singapore law in any area of legal practice that is excluded from the ambit of the definition of “permitted areas of legal practice” by rule 50.
Subregulation 6
Despite paragraphs (1), (2) and (5), a licensed foreign law practice may do all or any of the following through an individual in paragraph (7):
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 7
For the purposes of paragraph (6), the individual is —
a solicitor registered under section 36E of the Act who practises in the licensed 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 licensed foreign law practice.
Subregulation 7A
Despite paragraph (6), a licensed foreign law practice may not, in any section 36P(1A) proceedings, do any of the following through an individual in paragraph (7)(a):
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;
make a submission on any matter of Singapore law.
Subregulation 7B
Despite paragraph (6), a licensed foreign law practice may not, in any section 36P(1A) proceedings, do any of the following through an individual in paragraph (7)(b):
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 8
Despite paragraphs (1), (2) and (5), a licensed foreign law practice 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 licensed foreign 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;
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 9
A licensed foreign law practice may be —
a joint applicant for a Joint Law Venture licence or a Formal Law Alliance licence; and
a constituent foreign law practice of a Joint Law Venture or a member of a Formal Law Alliance.
Subregulation 10
Where a licensed foreign law practice is a constituent foreign law practice of a Joint Law Venture —
the licensed foreign law practice must not practise law in or from Singapore except through the Joint Law Venture;
despite paragraphs (1), (2) and (5), the licensed foreign law practice (in its capacity as the constituent foreign law practice of the Joint Law Venture) is entitled to the privileges of a constituent foreign law practice of a Joint Law Venture; and
despite paragraphs (1), (2) and (5), a solicitor registered under section 36E of the Act who practises in the licensed foreign law practice, or a foreign lawyer registered under section 36B of the Act who practises in the licensed foreign law practice, may practise Singapore law in the licensed foreign law practice (in its capacity as the constituent foreign law practice of the Joint Law Venture) only in the permitted areas of legal practice.
Subregulation 11
Every licensed foreign law practice must maintain, throughout the period while its foreign law practice 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 foreign law practice.
Subregulation 12
The insurance policies referred to in paragraph (11) 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 13
Every licensed foreign law practice 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.
Subregulation 14
In this rule —
Definition
“arbitration agreement” has the same meaning as in section 2 of the International Arbitration Act;
Definition
“place of the arbitration” means the juridical seat of the arbitration;
Definition
“practise Singapore law”, in relation to a relevant agreement, means rendering a legal opinion on Singapore law, or drafting any document, necessary to conclude the relevant agreement;
Definition
“relevant agreement” means an arbitration agreement, or an agreement containing or incorporating an arbitration agreement.