Legal Profession (Regulated Individuals) Rules 2015

In these Rules, unless the context otherwise requires —

In the definitions of “general threshold requirements” and “profit threshold requirements” in paragraph (1), “solicitor” means a solicitor practising in a Singapore law practice who —

For the purposes of paragraph (2), a solicitor is deemed to be a nominee of a foreign law practice or foreign lawyer if that solicitor is accustomed, or under an obligation whether formal or informal, to act in accordance with the directions, instructions or wishes of that foreign law practice or foreign lawyer.

A foreign lawyer must not provide any legal services in or from Singapore unless the foreign lawyer is registered under section 36B or 36C of the Act.

Nothing in this rule affects —

For the purposes of the definition of “permitted areas of legal practice” in section 36A(1) of the Act, the areas of legal practice to be excluded from the ambit of that definition are as follows:

Sub-paragraphs (a) and (c) of paragraph (1) do not exclude, from the ambit of the definition of “permitted areas of legal practice” in section 36A(1) of the Act, the giving of advice on any area of legal practice referred to in those sub-paragraphs the main purpose of which is to advise a business entity on commercial and corporate law.

In this rule —

Subject to paragraph (3), a foreign lawyer may apply for registration under section 36B of the Act if the foreign lawyer —

For the purposes of determining whether a foreign lawyer has been engaged in relevant legal practice or work for at least 3 years, as required under paragraph (1)(g), the following periods must be disregarded:

A foreign lawyer is not entitled to apply for registration under section 36B of the Act unless his or her application is made within the period of 5 years beginning on —

Without prejudice to the generality of section 36H(1)(b) and (4)(b) of the Act, an application by a foreign lawyer for registration under section 36B of the Act, or for the renewal of the foreign lawyer’s registration under section 36B of the Act, must be accompanied by the following documents:

The Director of Legal Services must notify the applicant in writing of the decision of the Director of Legal Services under section 36B(2) of the Act.

If an application under section 36B(1) of the Act is approved, the Director of Legal Services must issue the applicant a foreign practitioner certificate.

The prescribed date for the purposes of section 36B(6) and (8) of the Act is 18 November 2015.

In this rule —

A foreign lawyer who is registered under section 36B of the Act may —

Despite paragraph (1), a foreign lawyer who is registered under section 36B of the Act, and is also granted full registration under section 36P of the Act, may do all or any of the things mentioned in section 36P(1)(a) to (d) of the Act in a Singapore law practice, Joint Law Venture, Qualifying Foreign Law Practice or licensed foreign law practice.

Despite paragraph (1), a foreign lawyer who is registered under section 36B of the Act, and is also granted restricted registration under section 36P of the Act, may do all or any of the things mentioned in section 36P(2)(a), (b) and (c) of the Act in a Singapore law practice, Joint Law Venture, Qualifying Foreign Law Practice or licensed foreign law practice.

A foreign lawyer who is registered under section 36B of the Act may practise Singapore law in a Singapore law practice only if the total number of solicitors practising in the Singapore law practice is at least 2 times the total number of regulated foreign lawyers (if any) who practise in, are directors, partners or shareholders in, or share in the profits of, the Singapore law practice.

Every foreign lawyer registered under section 36B of the Act must maintain, throughout the foreign lawyer’s period of registration, one or more insurance policies which provide indemnity against loss arising from claims in respect of civil liability in connection with the foreign lawyer’s practice in a Singapore law practice, Joint Law Venture, Qualifying Foreign Law Practice or licensed foreign law practice.

The insurance policies referred to in paragraph (5) 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 solicitors or such other amount as the Director of Legal Services may specify.

Paragraphs (5) and (6) do not apply to a foreign lawyer registered under section 36B of the Act if the Singapore law practice, Joint Law Venture, Qualifying Foreign Law Practice or licensed foreign law practice in which the foreign lawyer practises has provided for its insurance policies to cover the foreign lawyer to the extent required under those paragraphs.

The registration under section 36B of the Act of a foreign lawyer who practises Singapore law in a Singapore law practice, Joint Law Venture, Qualifying Foreign Law Practice or licensed foreign law practice —

A foreign lawyer may apply for registration under section 36C of the Act if the foreign lawyer is a partner, a director, a consultant or an employee of a Singapore law practice, Joint Law Venture or foreign law practice.

The Director of Legal Services must notify the applicant in writing of the decision of the Director of Legal Services under section 36C(2) of the Act.

Without prejudice to the generality of section 36H(1)(b) and (4)(b) of the Act, an application by a foreign lawyer for registration under section 36C of the Act, or for the renewal of the foreign lawyer’s registration under section 36C of the Act, must be accompanied by a declaration in writing stating —

If an application under section 36C(1) of the Act is approved, the Director of Legal Services must issue the applicant a certificate of registration for such period as the Director of Legal Services may specify.

The prescribed date for the purposes of section 36C(4) and (6) of the Act is 18 November 2015.

A foreign lawyer who is registered under section 36C of the Act may practise foreign law in or from Singapore in a Singapore law practice, Joint Law Venture, Qualifying Foreign Law Practice or licensed foreign law practice.

Despite paragraph (1), a foreign lawyer who is registered under section 36C of the Act, and is also granted full registration under section 36P of the Act, may do all or any of the things mentioned in section 36P(1)(a) to (d) of the Act in a Singapore law practice, Joint Law Venture, Qualifying Foreign Law Practice or licensed foreign law practice.

Despite paragraph (1), a foreign lawyer who is registered under section 36C of the Act, and is also granted restricted registration under section 36P of the Act, may do all or any of the things mentioned in section 36P(2)(a), (b) and (c) of the Act in a Singapore law practice, Joint Law Venture, Qualifying Foreign Law Practice or licensed foreign law practice.

Every foreign lawyer registered under section 36C of the Act must maintain, throughout the foreign lawyer’s period of registration, one or more insurance policies which provide indemnity against loss arising from claims in respect of civil liability in connection with the foreign lawyer’s practice in a Singapore law practice, Joint Law Venture, Qualifying Foreign Law Practice or licensed foreign law practice.

The insurance policies referred to in paragraph (4) 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 solicitors or such other amount as the Director of Legal Services may specify.

Paragraphs (4) and (5) do not apply to a foreign lawyer registered under section 36C of the Act if the Singapore law practice, Joint Law Venture, Qualifying Foreign Law Practice or licensed foreign law practice in which the foreign lawyer practises has provided for its insurance policies to cover the foreign lawyer to the extent required under those paragraphs.

A foreign lawyer who does not practise in Singapore may apply for registration under section 36D of the Act, if the foreign lawyer —

Despite paragraph (1)(b), the Director of Legal Services may waive the requirement under that provision, if the Director of Legal Services is satisfied that the foreign lawyer —

The Director of Legal Services must not register, under section 36D of the Act, a foreign lawyer to be a director, partner or shareholder in, or to share in the profits of, a Singapore law practice, unless the Director of Legal Services is satisfied, at that time, that the Singapore law practice satisfies all general threshold requirements.

The Director of Legal Services must notify the applicant in writing of the decision of the Director of Legal Services under section 36D(2) of the Act.

If an application under section 36D(1) of the Act is approved, the Director of Legal Services must issue the applicant a certificate of registration for such period as the Director of Legal Services may specify.

A foreign lawyer who is registered under section 36D of the Act may be a director, partner or shareholder in, and share in the profits of, a Singapore law practice.

The registration under section 36D of the Act of a foreign lawyer to be a director, partner or shareholder in, or to share in the profits of, a Singapore law practice —

The registration under section 36D of the Act of a foreign lawyer to be a director, partner or shareholder in, or to share in the profits of, a Singapore law practice lapses, if —

Subject to paragraph (3), a foreign lawyer who is a consultant of a Singapore law practice —

Subject to paragraph (3), a foreign lawyer must not be a consultant of, or take or use the title of foreign law consultant in, a Singapore law practice unless the foreign lawyer has, for a total period of at least 10 years, been one or any combination of the following:

Where any person who is both a solicitor and a foreign lawyer is qualified under section 75D(1) of the Act to take or use the title of consultant in relation to the person’s capacity as a solicitor, nothing in paragraph (1) or (2) affects that qualification of that person to use that title in relation to that capacity.

The Director of Legal Services must notify the applicant in writing of the decision of the Director of Legal Services under section 36E(2) of the Act.

If an application under section 36E(1) of the Act is approved, the Director of Legal Services must issue the applicant a certificate of registration for such period as the Director of Legal Services may specify.

The prescribed date for the purposes of section 36E(5) and (7) of the Act is 18 November 2015.

A solicitor who is registered under section 36E of the Act may, if he or she has in force a practising certificate —

Despite paragraph (1)(c), a solicitor registered under section 36E of the Act who has in force a practising certificate may not, in any relevant proceedings, relevant appeal, or proceedings that are preliminary to any relevant proceedings or relevant appeal, prescribed by the Legal Profession (Representation in Singapore International Commercial Court) Rules 2014 (G.N. No. S 851/2014) for the purposes of section 36P(1A) of the Act (called in this rule the applicable proceedings) —

In considering whether to grant permission under paragraph (1A)(a), the Singapore International Commercial Court or the appellate court (as the case may be) may take into account any relevant factor, including the following factors:

A solicitor who is registered under section 36E of the Act, who practises in a Joint Law Venture or its constituent foreign law practice, and who does not practise concurrently in the constituent Singapore law practice of the Joint Law Venture, may practise Singapore law, and do all or any of the things referred to in paragraph (1)(c)(i) to (iv), only through the Joint Law Venture.

A solicitor registered under section 36E of the Act who practises Singapore law through a Joint Law Venture —

Every solicitor registered under section 36E of the Act must maintain, throughout the solicitor’s period of registration, one or more insurance policies which provide indemnity against loss arising from claims in respect of civil liability in connection with the solicitor’s practice in a Joint Law Venture or its constituent foreign law practice, a Qualifying Foreign Law Practice or a licensed foreign law practice.

The insurance policies referred to in paragraph (4) 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 solicitors or such other amount as the Director of Legal Services may specify.

Paragraphs (4) and (5) do not apply to a solicitor registered under section 36E of the Act if the Joint Law Venture or its constituent foreign law practice, the Qualifying Foreign Law Practice or the licensed foreign law practice in which the solicitor is registered to practise has provided for its insurance policies to cover the solicitor to the extent required under those paragraphs.

A solicitor registered under section 36E of the Act to practise Singapore law in a Joint Law Venture or its constituent foreign law practice, a Qualifying Foreign Law Practice or a licensed foreign law practice must notify the Director of Legal Services, within 7 days after the event —

The Director of Legal Services must notify the applicant in writing of the decision of the Director of Legal Services under section 36F of the Act.

If an application under section 36F(1) of the Act is approved, the Director of Legal Services must issue the applicant a certificate of registration for such period as the Director of Legal Services may specify.

The prescribed date for the purposes of section 36F(1) of the Act is 18 December 2015.

The prescribed date for the purposes of section 36F(4) and (6) of the Act is 18 November 2015.

A solicitor who is registered under section 36F of the Act may practise foreign law in or from Singapore in a Joint Law Venture or its constituent foreign law practice, a Qualifying Foreign Law Practice or a licensed foreign law practice in which the solicitor is so registered to practise.

Every solicitor registered under section 36F of the Act must maintain, throughout the solicitor’s period of registration, one or more insurance policies which provide indemnity against loss arising from claims in respect of civil liability in connection with the solicitor’s practice in a Joint Law Venture or its constituent foreign law practice, a Qualifying Foreign Law Practice or a licensed foreign law practice.

The insurance policies referred to in paragraph (2) 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 solicitors or such other amount as the Director of Legal Services may specify.

Paragraphs (2) and (3) do not apply to a solicitor registered under section 36F of the Act if the Joint Law Venture or its constituent foreign law practice, the Qualifying Foreign Law Practice or the licensed foreign law practice in which the solicitor is so registered to practise has provided for its insurance policies to cover the solicitor to the extent required under those paragraphs.

A solicitor registered under section 36F of the Act must notify the Director of Legal Services in writing, within 7 days after the event, of being issued a practising certificate under section 25 of the Act.

A solicitor who is registered, or is deemed to be registered, under section 36F of the Act must, in order to continue practising foreign law in a Joint Law Venture or foreign law practice after the expiry of that registration on or after 18 December 2015 —

An individual who is not a regulated legal practitioner may apply for registration under section 36G of the Act if the individual —

For the purposes of paragraph (1)(c), an individual must satisfy all of the following requirements:

The Director of Legal Services must not register, under section 36G of the Act, an individual as a regulated non-practitioner unless the Director of Legal Services is satisfied, at that time, that —

The Director of Legal Services must notify the applicant in writing of the decision of the Director of Legal Services under section 36G(4) of the Act.

If an application under section 36G(2) of the Act is approved, the Director of Legal Services must issue the applicant a certificate of registration for such period as the Director of Legal Services may specify.

An individual who is registered under section 36G of the Act may be a director, partner or shareholder in, and share in the profits of, a Singapore law practice, Joint Law Venture, Qualifying Foreign Law Practice or licensed foreign law practice.

Where an individual who is registered under section 36G of the Act is a director, partner or shareholder in, or shares in the profits of, a Singapore law practice, it is a condition of the individual’s registration that the Singapore law practice satisfies all general threshold requirements and all profit threshold requirements so long as the individual’s registration is in force.

Where an individual who is registered under section 36G of the Act is a director, partner or shareholder in, or shares in the profits of, a Joint Law Venture, Qualifying Foreign Law Practice or licensed foreign law practice (each called in this paragraph the practice), both of the following conditions must be satisfied so long as the individual’s registration is in force:

A regulated non-practitioner must notify the Director of Legal Services in writing, within 7 days after the event, of —

Every application for a registration under Part IVA of the Act, or a renewal of any such registration, must be accompanied by the appropriate fee specified in the Second Schedule.

Any certificate issued under Part IVA of the Act or these Rules must be in such form as the Director of Legal Services may determine.

All forms used for the purposes of Part IVA of the Act or these Rules must be completed in the English language and in accordance with such directions as may be specified in the form or by the Director of Legal Services.

The Director of Legal Services may refuse to issue under Part IVA of the Act or these Rules any certificate, letter or other document, if the appropriate fee specified in the Second Schedule has not been paid.

Where strict compliance with any form (used for the purposes of Part IVA of the Act or these Rules) is not possible, the Director of Legal Services may allow for the necessary modifications to be made to that form, or for the requirements of that form to be complied with in such other manner as the Director of Legal Services thinks fit.

The fees referred to in paragraph (1) are not refundable.

Despite paragraph (6), the Director of Legal Services may, in the discretion of the Director of Legal Services, waive or remit the whole or any part of any fee referred to in paragraph (1).

The following registrations are prescribed for the purposes of section 36H(3) of the Act:

The provisions of these Rules apply, with the necessary modifications, to an application for the renewal of a registration under section 36B, 36C, 36D, 36E, 36F or 36G of the Act as they apply to an application for any such registration.

The Director of Legal Services may, at any time in the discretion of the Director of Legal Services, waive or modify any condition imposed by the Director of Legal Services under —

Before modifying under paragraph (1) any condition of registration of a solicitor, regulated foreign lawyer or regulated non‑practitioner, the Director of Legal Services must —

The Director of Legal Services is to keep, in such form and manner as the Director of Legal Services thinks fit, one or more registers of —

Upon the issue of a foreign practitioner certificate to a foreign lawyer registered under section 36B of the Act, the Director of Legal Services must cause to be entered, in the register of foreign lawyers registered under that section, the particulars of the foreign lawyer referred to in rule 5(4)(a)(i), (ii) and (iii).

Upon the issue of a certificate of registration to a foreign lawyer registered under section 36C of the Act, the Director of Legal Services must cause to be entered, in the register of foreign lawyers registered under that section, the particulars of the foreign lawyer referred to in rule 7(3)(a), (b) and (c).

The Director of Legal Services may, subject to such conditions as the Director of Legal Services thinks fit —

Every Joint Law Venture, Formal Law Alliance, Qualifying Foreign Law Practice and licensed foreign law practice (each called in this paragraph the practice) must notify the Director of Legal Services in writing of any change in the name, nationality or designation of any solicitor or foreign lawyer working in the practice within 7 days after such change.

Every Singapore law practice must notify the Director of Legal Services in writing of any change in the name, nationality or designation of any foreign lawyer working in the Singapore law practice within 7 days after such change.

Every foreign lawyer registered under section 36B of the Act must notify the Director of Legal Services in writing of any change in any of the foreign lawyer’s particulars referred to in rule 5(4)(a)(i), (ii) and (iii), or with respect to the status of the foreign lawyer’s registration under that section (including as to whether the registration has lapsed or been suspended under rule 6(8)), within 7 days after such change, and the Director of Legal Services must cause to be amended the entry in respect of the foreign lawyer in the register of foreign lawyers registered under that section.

Every foreign lawyer registered under section 36C of the Act must notify the Director of Legal Services in writing of any change in any of the foreign lawyer’s particulars referred to in rule 7(3)(a), (b) and (c), or with respect to the status of the foreign lawyer’s registration under that section, within 7 days after such change, and the Director of Legal Services must cause to be amended the entry in respect of the foreign lawyer in the register of foreign lawyers registered under that section.

The Director of Legal Services may —

If, at any time after the registration of a foreign lawyer under section 36B, 36C or 36D of the Act, the Director of Legal Services is satisfied that the foreign lawyer’s application for the registration, 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 —

If, at any time after the registration of a solicitor under section 36E or 36F of the Act, the Director of Legal Services is satisfied that the solicitor’s application for the registration, 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 —

If, at any time after the registration of an individual as a regulated non-practitioner under section 36G of the Act, the Director of Legal Services is satisfied that the individual’s application for the registration, 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 —

For the purposes of this rule, it is irrelevant whether any application for registration referred to in paragraph (1), (2) or (3), or any certificate or other document accompanying that application, is made before, on or after 18 November 2015.

An appeal under section 36J(1) of the Act against a decision of the Director of Legal Services must be made within 28 days after the date of the decision that is appealed against.

The appeal must be made in writing and must specify the grounds on which it is made.

Where a foreign lawyer is deemed by section 36B(6) of the Act to be registered under section 36B of the Act, the foreign lawyer’s foreign practitioner certificate issued under rule 20 of the revoked Legal Profession (International Services) Rules 2008 (G.N. No. S 481/2008) (called in this rule the revoked Rules) remains in force until —

Where a foreign lawyer is deemed by section 36C(4) of the Act to be registered under section 36C of the Act, the foreign lawyer’s certificate of registration issued under rule 18 of the revoked Rules remains in force until —

Where a solicitor is deemed by section 36E(5) of the Act to be registered under section 36E of the Act, the solicitor’s certificate of registration issued under rule 29 of the revoked Rules remains in force until —

Where a solicitor is deemed by section 36F(4) of the Act to be registered under section 36F of the Act, the solicitor’s certificate of registration issued under rule 32 of the revoked Rules remains in force until —