Singapore legislation
Regulation 14
Regulation 14
Privileges and conditions relevant to registration under section 36E of Act
Subregulation 1
A solicitor who is registered under section 36E of the Act may, if he or she has in force a practising certificate —
practise Singapore law —
in a Joint Law Venture or its constituent foreign law practice or a Qualifying Foreign Law Practice in which the solicitor is so registered to practise, only in the permitted areas of legal practice; or
in a licensed foreign law practice (not being a constituent foreign law practice of a Joint Law Venture) in which the solicitor is so registered to practise, only in accordance with rule 59(2) of the Legal Profession (Law Practice Entities) Rules 2015 (G.N. No. S 699/2015);
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; and
despite sub‑paragraph (a), do all or any of the following 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:
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 1A
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) —
plead any matter without the permission of the Singapore International Commercial Court or the appellate court (as the case may be); or
make a submission on any matter of Singapore law.
Subregulation 1B
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:
the nature of the factual and legal issues involved in the applicable proceedings;
the role of the solicitor mentioned in paragraph (1A) in the applicable proceedings;
the extent of the international elements involved in the applicable proceedings, including —
the amount of assets or properties in one or more foreign countries;
the obligations and liabilities that are governed by the laws of one or more foreign countries; and
the governing law of the underlying agreement.
Subregulation 2
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.
Subregulation 3
A solicitor registered under section 36E of the Act who practises Singapore law through a Joint Law Venture —
may practise concurrently in the Joint Law Venture and its constituent foreign law practice, only if the solicitor is both —
a partner or director of the Joint Law Venture; and
a partner or director of the constituent foreign law practice; and
may practise concurrently in the Joint Law Venture and its constituent Singapore law practice, only if the solicitor is both —
a partner or director of the Joint Law Venture; and
a partner or director of the constituent Singapore law practice.
Subregulation 4
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.
Subregulation 5
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.
Subregulation 6
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.
Subregulation 7
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 —
of being issued a practising certificate; or
if the solicitor’s practising certificate is suspended or cancelled, of such suspension or cancellation.