Practising certificates
25.—(1) Every solicitor must, in every year before he or she does any act in the capacity of an advocate and solicitor, deliver or cause to be delivered to the Registrar an application for a practising certificate in such form and manner as the Registrar may require, the application to be accompanied by —(a)
a declaration in writing stating —(i)
his or her full name;
(ii)
in a case where he or she is practising or intends to practise in a Singapore law practice, the name of the Singapore law practice in which he or she is or will be practising;
(iii)
in a case where he or she is registered under section 36E to practise Singapore law, and is practising or intends 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, the name of each Joint Law Venture and foreign law practice in which he or she is or will be practising;
(iv)
the principal address, and every other address in Singapore, of each Singapore law practice, Joint Law Venture and foreign law practice in which he or she will be practising;
(v)
that he or she is not disqualified under section 26(1) from applying for a practising certificate; and
(vi)
in a case where he or she is applying for a practising certificate to practise as a locum solicitor, that he or she is not disqualified under section 26(1A) from applying for such a practising certificate;
(b)
a declaration in writing stating —(i)
that he or she 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 sections 46 and 75;
(ii)
that he or she has complied with or is exempt from the rules relating to professional indemnity made under section 75A;
(iii)
if he or she has been ordered by the Council to pay any penalty under Part 7, that he or she has paid the penalty;
(iv)
if he or she has been ordered by any court of law in Singapore or elsewhere to pay any sum to the Council or the Society, that he or she has paid the sum; and
(v)
that he or she has complied with such requirements as may be prescribed by the Council in any rules made under section 59(1)(aa);
(c)
a declaration in writing stating that he or she has paid, or has made arrangements to pay, all moneys, contributions and subscriptions payable by him or her under the Singapore Academy of Law Act 1988 and any rules made thereunder;
(ca)
a declaration in writing in such form and containing such statements as may be prescribed by the Institute under section 10 for the purposes of this paragraph;
(d)
such accountant’s report as may be required under section 73 or a certificate from the Council stating that owing to the circumstances of his or her case such a report is unnecessary; [Act 37 of 2023 wef 17/07/2024]
(da)
any other document prescribed under subsection (7); and[Act 37 of 2023 wef 17/07/2024]
(e)
the prescribed fee.[8/2011; 3/2012; 40/2014]
(2) The Registrar must, subject to sections 25A, 25AA and 25B, thereupon issue to the solicitor a practising certificate authorising him or her to practise as an advocate and solicitor in Singapore.[40/2014]
(2A) A practising certificate issued under subsection (2) does not authorise a solicitor to practise as a locum solicitor unless the practising certificate was issued pursuant to an application by the solicitor in accordance with any rules made under this section relating to practising certificates to practise as a locum solicitor.
(3) Every practising certificate must be signed or approved by the Registrar and, subject to sections 26(9) and 27B, is in force from the date of issue to the end of the year.
(4) Where the name of a solicitor is removed from or struck off the roll of advocates and solicitors, the practising certificate (if any) of that solicitor for the time being in force expires immediately and the date of the expiry must be entered by the Registrar in the register of practitioners.[Act 37 of 2023 wef 17/07/2024]
(5) Every practising certificate issued in the month of April is deemed to have been in force from the first day of that month.
(6) In this section, “year” means the period from 1 April in any calendar year to 31 March in the next calendar year.
(7) Subject to the provisions of this Act, the Council may make rules regulating the issue of practising certificates, including (in relation to practising certificates to practise as locum solicitors) rules specifying all or any of the following:(a)
any modification to subsection (1), including any provision requiring a solicitor applying for such a practising certificate to give any undertaking relating to his or her practice;
(b)
any condition that applies to such a practising certificate, including conditions relating to the handling of client’s money by the solicitor and the supervision of the solicitor;
(c)
any training that the solicitor must complete for the purposes of section 26(1A)(b) and the time within which the training must be completed;[Act 37 of 2023 wef 17/07/2024]
(d)
any other documents which must accompany an application made under subsection (1).[Act 37 of 2023 wef 17/07/2024]
(8) Rules made by the Council under this section must be signed by the president of the Society and submitted to the Chief Justice, and come into operation upon the Chief Justice signifying his or her approval.
Power of Attorney-General, Registrar and Council with respect to issue of practising certificates in certain circumstances
25A.—(1) This section applies to any solicitor —(a)
whose suspension from practice has expired;
(b)
who has been discharged from bankruptcy;
(c)
who has been sentenced to a term of imprisonment in any civil or criminal proceedings in Singapore or elsewhere;
(d)
who has been convicted of an offence involving dishonesty or fraud;
(e)
who has been convicted of an offence in relation to his or her conduct in his or her practice of law;
(f)
who has been found guilty of misconduct in any other professional capacity;
(fa)
whose fitness to practise has been determined under section 25C to be impaired by reason of his or her physical or mental condition, or who, having been ordered by a Judge to submit to a medical examination under section 25C to be conducted within such period as the Judge may specify in the order, fails to do so;
(g)
whom the Attorney-General or the Council is satisfied is incapacitated by illness or accident, or by the solicitor’s physical or mental condition, to such extent as to be unable to attend to his or her practice; or
(h)
whom the Attorney-General or the Council is satisfied has failed to comply with any of the rules made under section 72 or any of the rules made under section 73D of the Conveyancing and Law of Property Act 1886.[17/2011]
(2) Where a solicitor to whom this section applies makes an application for a practising certificate, the Attorney-General or the Council may, having regard to all the circumstances of the case, in writing request the Registrar —(a)
to refuse the application for a practising certificate; or
(b)
to issue a practising certificate to the solicitor subject to such conditions as the Attorney‑General or the Council may specify,
and the Registrar may, subject to subsections (6) and (7), comply with the request and notify the solicitor in writing.
[40/2014]
(2A) [Deleted by Act 40 of 2014]
(3) Without limiting subsection (2)(b) —(a)
conditions may be imposed under that subsection for requiring the applicant to take any specified steps that will, in the opinion of the Attorney‑General or the Council, be conducive to the applicant carrying on an efficient practice as a solicitor; and
(b)
conditions may be so imposed (whether for the purpose mentioned in paragraph (a) or otherwise) even though they may result in expenditure being incurred by the applicant.
(4) Where the Attorney-General or the Council makes a request under subsection (2) by reason only of any such circumstances as are mentioned in subsection (1)(c), (d), (e), (f), (fa), (g) or (h), the solicitor concerned may, upon proof of a change in the circumstances or for any good cause, inform the Attorney‑General or the Council (as the case may be) of the change or good cause.
(5) The Attorney-General or the Council (as the case may be) must, upon being so informed under subsection (4), reconsider the request and may in writing request the Registrar —(a)
to grant the application for a practising certificate; or
(b)
to remove any condition imposed on the practising certificate under subsection (2)(b),
and the Registrar may comply with the request and notify the solicitor in writing.
(6) Where a practising certificate free of conditions is issued by the Registrar to a solicitor in relation to whom this section applies by reason of any such circumstances as are mentioned in subsection (1), then, except in the case of any circumstances of whose existence the Attorney‑General or the Council is unaware at the time the certificate is issued, this section does not thereafter apply in relation to that solicitor by reason of those circumstances.
(7) The Registrar must not refuse an application by a solicitor for a practising certificate where —(a)
this section applies to the solicitor by reason only of any such circumstances as are mentioned in subsection (1)(a) or (b); or
(b)
disciplinary proceedings against the solicitor under Part 7 by reason of any such circumstances as are mentioned in subsection (1) have been disposed of.[40/2014]
Power of Registrar to refuse or suspend practising certificate for non‑payment of certain sums
25AA.—(1) This section applies to a solicitor who makes an application for a practising certificate, if he or she fails to pay any of the following when the payment is due:(a)
the whole or any part of the subscriptions, levies and contributions referred to in his or her declaration under section 25(1)(b)(i) accompanying the application;
(b)
the whole or any part of any penalty referred to in his or her declaration under section 25(1)(b)(iii) accompanying the application;
(c)
the whole or any part of any sum referred to in his or her declaration under section 25(1)(b)(iv) accompanying the application;
(d)
the whole or any part of the moneys, contributions and subscriptions referred to in his or her declaration under section 25(1)(c) accompanying the application;
(e)
the fee referred to in section 25(1)(e) accompanying the application.[40/2014]
(2) Where the Registrar becomes aware of the solicitor’s failure to make the payment mentioned in subsection (1), the Registrar must —(a)
refuse the solicitor’s application for a practising certificate, until the payment is made; or
(b)
if a practising certificate has been issued to the solicitor pursuant to the application, order that the practising certificate be suspended.[40/2014]
(3) The Registrar must revoke his or her order under subsection (2)(b) when the solicitor makes the payment mentioned in subsection (1).[40/2014]
Appeals in connection with issue of practising certificates
25B.—(1) A solicitor may, within one month after being notified by the Registrar of the Registrar’s decision to do any of the following, appeal to a Judge by originating application:(a)
refuse the solicitor’s application for a practising certificate under section 25A;
(b)
issue to the solicitor a practising certificate subject to one or more conditions under section 25A;
(c)
refuse the solicitor’s application for a practising certificate under section 25AA(2)(a);
(d)
order that the solicitor’s practising certificate be suspended under section 25AA(2)(b).[40/2014]
[Act 25 of 2021 wef 01/04/2022]
(2) Any appeal under subsection (1) must be served on the Attorney‑General and the Society, and the Attorney‑General and the Society may appear at the hearing to make representations.
(3) On an appeal against a decision referred to in subsection (1)(a) or (b), the Judge may —(a)
direct the Registrar not to issue a practising certificate to the solicitor;
(b)
direct the Registrar to issue a practising certificate to the solicitor free of conditions or subject to such conditions as the Judge thinks fit; or
(c)
make any other order as the Judge thinks fit.[40/2014]
(3A) On an appeal against a decision referred to in subsection (1)(c) or (d), the Judge may —(a)
affirm the decision of the Registrar;
(b)
in the case of a decision referred to in subsection (1)(c), direct the Registrar to issue a practising certificate to the solicitor;
(c)
in the case of a decision referred to in subsection (1)(d), set aside the Registrar’s order under section 25AA(2)(b); or
(d)
make any other order as the Judge thinks fit.[40/2014]
(4) No appeal lies from any order made by a Judge under this section.
Medical examination required in certain circumstances
25C.—(1) If the Attorney-General or the Council is satisfied that a solicitor’s fitness to practise appears to have been impaired by reason of the solicitor’s physical or mental condition, the Attorney‑General or the Council (as the case may be) may apply to a Judge by originating application for an order that the solicitor submit to a medical examination.[Act 25 of 2021 wef 01/04/2022]
(2) An application under subsection (1) must be served on the solicitor concerned.
(3) If, on an application under subsection (1), the Judge is of the opinion that the solicitor’s fitness to practise appears to have been impaired by reason of the solicitor’s physical or mental condition, the Judge is to order the solicitor to submit to a medical examination to be conducted —(a)
by a registered medical practitioner who meets such criteria as the Judge may, having regard to all the circumstances of the case, specify; and
(b)
within such period as the Judge may specify in the order.
(4) The registered medical practitioner must —(a)
personally examine the solicitor;
(b)
determine whether the fitness of the solicitor to practise has been impaired by reason of the solicitor’s physical or mental condition; and
(c)
submit a report of his or her determination and the reasons for the determination, within 14 days from the date of the medical examination, to the solicitor, the Attorney‑General and the Council.
(5) In making the determination under subsection (4), the registered medical practitioner may have regard to —(a)
his or her own observations;
(b)
the results of any tests carried out on the solicitor; and
(c)
any facts which are communicated to him or her by the Attorney‑General, the Council or any other person.
(6) The solicitor must bear all costs of and incidental to his or her medical examination under this section, any tests carried out on him or her for the purposes of the medical examination and the report mentioned in subsection (4)(c).
(7) Without affecting subsections (1) to (6), if the Council is satisfied that a solicitor’s fitness to practise appears to have been impaired by reason of the solicitor’s physical or mental condition, the Council may direct the solicitor to stop practising until he or she has submitted to a medical examination.
(8) Where the Council has given a solicitor a direction under subsection (7) —(a)
the Council must, not later than 7 days from the date the direction was given —(i)
make an application under subsection (1) in relation to the solicitor; and
(ii)
serve that application on the solicitor;
(b)
the direction ceases to have effect, if —(i)
the Council fails to comply with paragraph (a); or
(ii)
the application mentioned in paragraph (a) is dismissed;
(c)
the solicitor may, upon proof of a change in the circumstances or for any good cause —(i)
inform the Council of the change or good cause and request that the Council’s direction be rescinded; or
(ii)
apply to a Judge for an order that the Council’s direction be set aside, such application to be made —(A)
by summons, in a case where the Council has made an application under subsection (1) in relation to the solicitor; or
(B)
by originating application, in any other case,
and served on the Society; and
[Act 25 of 2021 wef 01/04/2022]
(d)
the solicitor must comply with the Council’s direction until it ceases to have effect under paragraph (b) or is rescinded by the Council or set aside by a Judge.
Disqualification for practising certificates
26.—(1) A solicitor must not apply for a practising certificate —(a)
unless —(i)
he or she is practising or intends to practise in a Singapore law practice;
(ii)
he or she is registered under section 36E to practise Singapore law, and is practising or intends 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; or
(iii)
he or she is practising or intends to practise as a locum solicitor;
(b)
[Deleted by Act 19 of 2008]
(ba)
[Deleted by Act 19 of 2008]
(c)
[Deleted by Act 19 of 2008]
(ca)
[Deleted by Act 19 of 2008]
(d)
if he or she has, for a period of 3 years or more, held office as a Supreme Court Judge, a Judge of the Supreme Court of Malaysia or a Judge of any High Court in any part of Malaysia;
(e)
if he or she is an undischarged bankrupt;
(f)
if he or she has entered into a composition with his or her creditors or a deed of arrangement for the benefit of his or her creditors;
(g)
if he or she has one or more outstanding judgments against him or her amounting in the aggregate to $100,000 or more which he or she has been unable to satisfy within 6 months from the date of the earliest judgment; or
(h)
if he or she lacks capacity within the meaning of the Mental Capacity Act 2008 to act as a solicitor.[21/2008; 40/2014; 40/2019]
(1A) A solicitor must not apply for a practising certificate to practise as a locum solicitor unless he or she is a citizen or a permanent resident of Singapore, and —(a)
has, for a period of not less than 3 years in the aggregate in the 5 years immediately preceding the application —(i)
practised as a solicitor in a Singapore law practice; or
(ii)
been employed as a Judicial Service Officer or Legal Service Officer;[Act 33 of 2021 wef 14/01/2022]
(b)
has completed such training within such time as the Council may by rules under section 25 prescribe; or
(c)
has practised as a locum solicitor at any time within the period of 3 years immediately preceding the application.[20/2009]
(2) Despite anything in subsection (1), any solicitor who has held office as a Supreme Court Judge for a period of 3 years or more must on application be issued a practising certificate enabling him or her to practise as a solicitor, but without the right of audience in any court of justice in Singapore.[40/2019]
(3) Subsection (1) does not apply to —(a)
a solicitor who is employed by the Society or a wholly‑owned subsidiary of the Society, the Institute or any statutory body or law office in the public service;
(b)
a solicitor who is employed as a full-time member of the academic staff of any department of the National University of Singapore or of any department of law in any other institution of higher learning in Singapore and who has been so employed in either case for at least 3 continuous years; or
(c)
a State Counsel, Deputy Public Prosecutor or other legal officer of the government of any country or any territory of that country,
if the Attorney-General issues a certificate to the person and specifies therein the matters in which the person may appear and plead in courts of law.
[8/2011; 22/2018]
[Act 37 of 2023 wef 17/07/2024]
(4) Where the Attorney-General has issued a certificate to a solicitor under subsection (3)(a) or (b), the Registrar must, upon the solicitor complying with the provisions of this Act, issue the solicitor a practising certificate specifying therein the matters in which the solicitor may appear and plead in courts of law and the conditions (if any) as contained in the Attorney‑General’s certificate.
(5) Where the Attorney-General has issued a certificate to a person under subsection (3)(c), the Registrar must issue to the person a practising certificate specifying therein the matters in which the person may appear and plead in courts of law and the conditions (if any) as contained in the Attorney‑General’s certificate.
(6) The Attorney-General may shorten the period referred to in subsection (3)(b) if he or she is satisfied that the solicitor has gained substantial experience in law for the purposes of that subsection.
(7) Sections 72 and 73 do not apply to a solicitor who has been issued with a certificate under subsection (3)(a) or (b).
(8) The other provisions of this Act do not apply to a person who has been issued a certificate under subsection (3)(c).
(9) A practising certificate issued to a solicitor ceases to be in force —(a)
when the solicitor ceases to practise or to be employed as provided in this section;
(b)
upon the solicitor becoming subject to any disqualification under subsection (1)(e), (f), (g) or (h); or
(c)
when the Registrar subsequently issues another practising certificate to the solicitor.
(10) For the purposes of this section, “Judge” does not include a Judicial Commissioner.[40/2019]
Register of practitioners
27.—(1) Upon the issue of every practising certificate, the Registrar must cause to be entered in an annual register kept for that purpose (called in this Act the register of practitioners) the particulars referred to in section 25(1)(a)(i) to (iv) as contained in the declaration delivered under section 25(1)(a) and any condition imposed on the practising certificate.[8/2011]
(2) Any person may inspect the register of practitioners during office hours without payment.
(3) If there is any change with respect to any solicitor in the particulars referred to in subsection (1) or with respect to the status of his or her practising certificate, including as to whether it has ceased to be in force under section 26(9), that solicitor must within one week thereafter notify the Registrar and the Council, and the Registrar must thereupon cause the entry in respect of that solicitor in the register of practitioners to be amended.
Imposition of conditions while practising certificates are in force
27A.—(1) Where, at any time during the currency of the practising certificate of a solicitor, section 25A would have effect in relation to the solicitor by reason of any such circumstances as are mentioned in section 25A(1) if he or she were to make an application for a practising certificate at that time, a Judge may, upon an application by the Attorney‑General or the Council made by originating application and served upon the solicitor, order that the current practising certificate of the solicitor has effect subject to any conditions that the Judge thinks fit.[40/2014]
[Act 25 of 2021 wef 01/04/2022]
(1A) [Deleted by Act 40 of 2014]
(2) Where an order under subsection (1) has been made against a solicitor by reason only of any such circumstances as are mentioned in section 25A(1)(c), (d), (e), (f), (fa), (g) or (h), the solicitor may, upon proof of a change in the circumstances or for any good cause, apply to a Judge by summons for a reconsideration of the matter.
(3) Any application under subsection (2) must be served on the Attorney‑General and the Society, and the Attorney‑General and the Society may appear at the hearing to make representations.
(4) At the hearing of the application, the Judge is to consider all the circumstances of the case and may make such order as he or she thinks fit.
(5) No appeal lies from any order made by a Judge under subsection (4).
(6) Section 25A(3) applies for the purposes of subsection (1) as it applies for the purposes of section 25A(2)(b).
Referral to Disciplinary Tribunal and suspension of practising certificates
27B.—(1) Upon an application to a Judge by the Attorney-General or the Council, or on the hearing by a Judge of an application made under section 27A, the Judge may —(a)
where the Judge is satisfied that cause of sufficient gravity for disciplinary action against a solicitor exists —(i)
request the Society under section 85(3)(b) to refer the matter to a Disciplinary Tribunal unless the matter had been or is being dealt with under Part 7 or is to be dealt with under section 94A; and
(ii)
order that the solicitor’s current practising certificate be suspended; or
(b)
order that a solicitor’s current practising certificate be suspended, if —(i)
the solicitor’s fitness to practise has been determined under section 25C to be impaired by reason of the solicitor’s physical or mental condition;
(ii)
the solicitor, having been ordered by a Judge to submit to a medical examination under section 25C to be conducted within such period as the Judge may specify in the order, fails to do so; or
(iii)
the Judge is satisfied that the solicitor is incapacitated by illness or accident, or by the solicitor’s physical or mental condition, to such extent as to be unable to attend to the solicitor’s practice.[40/2014]
(1A) [Deleted by Act 40 of 2014]
(2) Any application by the Attorney-General or the Council under subsection (1) must be made by originating application which must be served on the solicitor.[Act 25 of 2021 wef 01/04/2022]
(3) Where the Attorney-General or the Council makes an application under subsection (1), the Judge has, in addition to his or her powers under that subsection, the powers exercisable by the Judge under section 27A.
(4) If, in a case where a Judge has made an order under subsection (1)(a)(ii) suspending a solicitor’s current practising certificate —(a)
the Disciplinary Tribunal determines under section 93(1)(a) that no cause of sufficient gravity for disciplinary action against the solicitor exists under section 83 or determines under section 93(1)(b) that the solicitor should be reprimanded;
(b)
the application made against the solicitor under section 98(1) is withdrawn or dismissed; or
(c)
an order has been made under section 98 that the solicitor be struck off the roll of advocates and solicitors, suspended from practice or censured, or that the solicitor pay a penalty,
the suspension of the practising certificate of the solicitor terminates immediately.
[Act 37 of 2023 wef 17/07/2024]
(5) Nothing in subsection (4) is to be construed as affecting the power of the court of 3 Supreme Court Judges to suspend a solicitor from practice on an application under section 98(1).[40/2019]
(6) Where the suspension of the practising certificate of a solicitor under this section has terminated by reason only of the expiry of the solicitor’s current practising certificate and not by reason of the occurrence of any of the events mentioned in subsection (4), the solicitor must not apply for another practising certificate until any of the events mentioned in subsection (4) has occurred; and if a practising certificate has been issued to the solicitor, that certificate ceases to be in force.
(7) No appeal lies from any order made by a Judge under this section.
Cancellation of practising certificates
28.—(1) The Council may apply to a Judge by originating application for an order directing the Registrar to cancel a practising certificate issued to a solicitor, if it appears to the Council that —(a)
the certificate has been issued to the solicitor contrary to the provisions of this Act;
(b)
the accountant’s report submitted by the solicitor does not comply with section 73; or
(c)
the certificate has ceased to be in force under section 26(9)(a) or (b), but the solicitor has failed to notify the Registrar and the Council of this in accordance with section 27(3).[8/2011]
[Act 25 of 2021 wef 01/04/2022]
(2) Such an application must be served on the advocate and solicitor concerned and upon the hearing thereof the Judge may make such order as the Judge may think fit and may also make such order for the payment of costs as may be just.
(3) Disciplinary proceedings may be taken against any solicitor if in, or in relation to, an application for a practising certificate he or she makes a false statement material to the application.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
