Singapore legislation
Regulation 5
Regulation 5
Application for registration of foreign lawyer under section 36B of Act
Subregulation 1
Subject to paragraph (3), a foreign lawyer may apply for registration under section 36B of the Act if the foreign lawyer —
has attained the age of 21 years;
is of good character;
has passed the Foreign Practitioner Examinations conducted by the Institute;
is not the subject of any disciplinary proceedings as a solicitor or foreign lawyer in Singapore or elsewhere, and has not been previously disciplined for any disciplinary offence;
is not a party to any criminal or civil proceedings that may lead to disciplinary proceedings being taken against the foreign lawyer as a solicitor or foreign lawyer in Singapore or elsewhere;
is not, as a result of any criminal or civil proceedings against the foreign lawyer in Singapore or elsewhere, prohibited from practising law in Singapore or elsewhere or subject to any special conditions in the practice of law;
has been engaged in relevant legal practice or work, in Singapore or elsewhere, in one or more of the permitted areas of legal practice in any foreign law, for at least 3 years; and
satisfies the Director of Legal Services that the foreign lawyer is a fit and proper person to be registered under section 36B of the Act.
Subregulation 2
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:
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;
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 3
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 —
the date on which the foreign lawyer passed the Foreign Practitioner Examinations conducted by the Institute; or
the date on which the foreign lawyer’s last registration under that section was cancelled or suspended or otherwise lapsed.
Subregulation 4
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:
a declaration in writing stating —
the foreign lawyer’s full name;
the name of the Singapore law practice, Joint Law Venture, Qualifying Foreign Law Practice or licensed foreign law practice, or of each of the Joint Law Venture and its constituent foreign law practice, in which the foreign lawyer is practising or intends to practise;
the principal address, and every other address in Singapore, of the Singapore law practice, Joint Law Venture, Qualifying Foreign Law Practice or licensed foreign law practice, or of each of the Joint Law Venture and its constituent foreign law practice, in which the foreign lawyer is practising or intends to practise; and
that the foreign lawyer satisfies the requirements referred to in paragraph (1)(a) to (g);
a declaration in writing stating —
that the foreign lawyer has paid, or has made arrangements to pay, all subscriptions and levies, and all contributions to the Compensation Fund, lawfully due to the Society under the provisions of the Act;
if the foreign lawyer has been ordered by the Council to pay any penalty under section 88(1) or 94(3)(a) of the Act, that the foreign lawyer has paid the penalty; and
if the foreign lawyer has been ordered by any court of law in Singapore or elsewhere to pay any sum to the Council or the Society, that the foreign lawyer has paid the sum;
a declaration in writing stating that the foreign lawyer has paid, or has made arrangements to pay, all moneys, contributions and subscriptions payable by the foreign lawyer under the Singapore Academy of Law Act (Cap. 294A) and any rules made under that Act;
such accountant’s report as may be required under the Legal Profession (Modified Application of Act for International Services) Rules 2015 (G.N. No. S 700/2015), unless the foreign lawyer satisfies the Director of Legal Services that owing to the circumstances of the foreign lawyer’s case such a report is unnecessary;
one of the following declarations for the practice year in which the foreign lawyer is seeking to be registered:
a declaration in writing that the foreign lawyer has complied with every CPD requirement that was applicable to him or her at any time in the calendar year immediately preceding that practice year;
a declaration in writing that —
the Compliance Committee appointed under the Legal Profession (Continuing Professional Development) Rules 2012 (G.N. No. S 115/2012) has granted the foreign lawyer a waiver of one or more of the CPD requirements that were applicable to him or her at any time in the calendar year immediately preceding that practice year; and
the foreign lawyer has complied with every other CPD requirement that was applicable to him or her at any time in the calendar year immediately preceding that practice year;
a declaration in writing that no CPD requirement was applicable to the foreign lawyer at any time in the calendar year immediately preceding that practice year.
Subregulation 5
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.
Subregulation 6
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.
Subregulation 7
The prescribed date for the purposes of section 36B(6) and (8) of the Act is 18 November 2015.
Subregulation 8
In this rule —
Definition
“CPD requirement” means a requirement relating to continuing professional development set out in the Legal Profession (Continuing Professional Development) Rules 2012;
Definition
“practice year” means the period from 1 April in any calendar year to 31 March in the next calendar year;
Definition
“relevant legal practice or work” means —
active practice as —
a legal practitioner, by whatever name called, in any jurisdiction other than Singapore; or
a foreign lawyer in Singapore; or
work of a legal nature which is performed as a legal counsel in any corporation or other entity the equity securities of which are listed on the official list of a securities exchange in Singapore or elsewhere.