Interpretation of this Part
36A.—(1) In this Part, unless the context otherwise requires, “permitted areas of legal practice” means all areas of legal practice other than any area of legal practice prescribed as an area to be excluded from the ambit of this definition.[40/2014]
(2) In this Part, unless the context otherwise requires —(a)
a reference to this Part includes a reference to any rules made under this Part; and
(b)
a reference to the contravention of a provision includes a reference to the failure to comply with any condition of any registration imposed under that provision.[40/2014]
Registration of foreign lawyer to practise both Singapore law and foreign law in Singapore
36B.—(1) An application may be made for a foreign lawyer to be registered under this section, if the foreign lawyer possesses such qualifications and satisfies such requirements as may be prescribed.[40/2014]
(2) The Director of Legal Services may approve an application under subsection (1), and register a foreign lawyer to practise both Singapore law and foreign law in Singapore, subject to —(a)
such conditions as may be prescribed; and
(b)
such conditions as the Director of Legal Services may think fit to impose in any particular case.[40/2014]
(3) A foreign lawyer who is registered under this section is entitled —(a)
despite anything to the contrary in Part 4 —(i)
to practise Singapore law in, and only in, the permitted areas of legal practice; and
(ii)
to recover costs and retain payments in respect of such practice; and
(b)
to such other privileges as may be prescribed.[40/2014]
(4) The registration of a foreign lawyer under this section —(a)
lapses on the occurrence of such events as may be prescribed; or
(b)
is suspended, for such period as the Director of Legal Services may think fit, on the occurrence of such events as may be prescribed.[40/2014]
(5) Nothing in this section is to be construed so as to affect any right or privilege of an advocate and solicitor conferred by this Act or any other written law.[40/2014]
(6) With effect from 18 November 2015 —(a)
a foreign lawyer who, immediately before that date, was or was deemed to be registered under the repealed section 130I as in force immediately before that date is deemed to be registered under this section, subject to —(i)
the conditions mentioned in subsection (2)(a);
(ii)
the conditions (if any) imposed by the Attorney‑General under the repealed section 130I(2)(b) or (6) or 130P(5)(b) as in force immediately before that date, subject to which the foreign lawyer was or was deemed to be registered; and
(iii)
such conditions as the Director of Legal Services may think fit to impose in any particular case; and
(b)
any undertaking provided by that foreign lawyer under the repealed section 130M or 130Q as in force immediately before that date is enforceable by the Director of Legal Services as if that undertaking were provided under section 177 or 36I, as the case may be.[40/2014]
(7) The Attorney-General may transfer to the Director of Legal Services the particulars of and documents relating to any foreign lawyer mentioned in subsection (6), and the Director of Legal Services may, upon receiving those particulars and documents, issue a foreign practitioner certificate to that foreign lawyer, without any action on the part of that foreign lawyer.[40/2014]
(8) With effect from 18 November 2015 —(a)
any application which was made before that date for a foreign lawyer to be registered under the repealed section 130I as in force immediately before that date, and which is pending immediately before that date, is deemed to be an application for that foreign lawyer to be registered under this section; and
(b)
any undertaking provided by that foreign lawyer under the repealed section 130M or 130Q as in force immediately before that date is deemed to be an undertaking provided by that foreign lawyer under section 177 or 36I, as the case may be.[40/2014]
(9) The Attorney-General may transfer to the Director of Legal Services the particulars of and documents relating to any foreign lawyer mentioned in subsection (8).[40/2014]
Registration of foreign lawyer to practise foreign law in Singapore
36C.—(1) An application may be made for a foreign lawyer to be registered under this section, if the foreign lawyer possesses such qualifications and satisfies such requirements as may be prescribed.[40/2014]
(2) The Director of Legal Services may approve an application under subsection (1), and register a foreign lawyer to practise foreign law in Singapore, subject to —(a)
such conditions as may be prescribed; and
(b)
such conditions as the Director of Legal Services may think fit to impose in any particular case.[40/2014]
(3) A foreign lawyer who is registered under this section is entitled to such privileges as may be prescribed.[40/2014]
(4) With effect from 18 November 2015 —(a)
a foreign lawyer who, immediately before that date, was or was deemed to be registered under the repealed section 130K as in force immediately before that date is deemed to be registered under this section, subject to —(i)
the conditions mentioned in subsection (2)(a);
(ii)
the conditions (if any) imposed by the Attorney‑General under the repealed section 130K(2)(b) or (4) or 130P(5)(b) as in force immediately before that date, subject to which the foreign lawyer was or was deemed to be registered; and
(iii)
any conditions that the Director of Legal Services may think fit to impose in any particular case; and
(b)
any undertaking provided by that foreign lawyer under the repealed section 130M or 130Q as in force immediately before that date is enforceable by the Director of Legal Services as if that undertaking were provided under section 177 or 36I, as the case may be.[40/2014]
(5) The Attorney-General may transfer to the Director of Legal Services the particulars of and documents relating to any foreign lawyer mentioned in subsection (4), and the Director of Legal Services may, upon receiving those particulars and documents, issue a certificate of registration to that foreign lawyer, without any action on the part of that foreign lawyer.[40/2014]
(6) With effect from 18 November 2015 —(a)
any application which was made before that date for a foreign lawyer to be registered under the repealed section 130K as in force immediately before that date, and which is pending immediately before that date, is deemed to be an application for that foreign lawyer to be registered under this section; and
(b)
any undertaking provided by that foreign lawyer under the repealed section 130M or 130Q as in force immediately before that date is deemed to be an undertaking provided by that foreign lawyer under section 177 or 36I, as the case may be.[40/2014]
(7) The Attorney-General may transfer to the Director of Legal Services the particulars of and documents relating to any foreign lawyer mentioned in subsection (6).[40/2014]
Registration of foreign lawyer to be director, partner or shareholder in, or to share in profits of, Singapore law practice
36D.—(1) An application may be made for a foreign lawyer to be registered under this section, if the foreign lawyer possesses such qualifications and satisfies such requirements as may be prescribed.[40/2014]
(2) The Director of Legal Services may approve an application under subsection (1), and register a foreign lawyer (who does not practise in Singapore) to be a director, partner or shareholder in, or to share in the profits of, a Singapore law practice, subject to —(a)
such conditions as may be prescribed; and
(b)
such conditions as the Director of Legal Services may think fit to impose in any particular case.[40/2014]
(3) A foreign lawyer who is registered under this section is entitled to such privileges as may be prescribed.[40/2014]
Registration of solicitor to practise Singapore law in Joint Law Venture or its constituent foreign law practice, Qualifying Foreign Law Practice or licensed foreign law practice
36E.—(1) An application may be made for a solicitor to be registered under this section, if the solicitor possesses such qualifications and satisfies such requirements as may be prescribed.[40/2014]
(2) The Director of Legal Services may approve an application under subsection (1), and register a solicitor 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, subject to —(a)
such conditions as may be prescribed; and
(b)
such conditions as the Director of Legal Services may think fit to impose in any particular case.[40/2014]
(3) A solicitor who is registered under this section, and who has in force a practising certificate, is entitled —(a)
to practise Singapore law in, and only in, the permitted areas of legal practice; and
(b)
to such other privileges as may be prescribed.[40/2014]
(4) Where a solicitor registered under this section is permitted, under any rules made under section 36M or by the Director of Legal Services, to practise concurrently in a Singapore law practice, nothing in this section affects the practice of the solicitor in the Singapore law practice.[40/2014]
(5) With effect from 18 November 2015 —(a)
a solicitor who, immediately before that date, was registered under the repealed section 130N as in force immediately before that date is deemed to be registered under this section, subject to —(i)
the conditions mentioned in subsection (2)(a);
(ii)
the conditions (if any) imposed by the Attorney‑General under the repealed section 130N(2)(b) or 130P(5)(b) as in force immediately before that date, subject to which the solicitor was registered; and
(iii)
any conditions that the Director of Legal Services may think fit to impose in any particular case; and
(b)
any undertaking provided by that solicitor under the repealed section 130M or 130Q as in force immediately before that date is enforceable by the Director of Legal Services as if that undertaking were provided under section 177 or 36I, as the case may be.[40/2014]
(6) The Attorney-General may transfer to the Director of Legal Services the particulars of any solicitor mentioned in subsection (5), and the Director of Legal Services may, upon receiving those particulars, issue a certificate of registration to that solicitor, without any action on the part of that solicitor.[40/2014]
(7) With effect from 18 November 2015 —(a)
any application which was made before that date for a solicitor to be registered under the repealed section 130N as in force immediately before that date, and which is pending immediately before that date, is deemed to be an application for that solicitor to be registered under this section; and
(b)
any undertaking provided by that solicitor under the repealed section 130M or 130Q as in force immediately before that date is deemed to be an undertaking provided by that solicitor under section 177 or 36I, as the case may be.[40/2014]
(8) The Attorney-General may transfer to the Director of Legal Services the particulars of and documents relating to any solicitor mentioned in subsection (7).[40/2014]
Registration of regulated non-practitioner
36G.—(1) An individual who is not a regulated legal practitioner must not be a director, partner or shareholder in, and must not share in the profits of, any Singapore law practice, Joint Law Venture, Qualifying Foreign Law Practice or licensed foreign law practice, unless the individual is registered under this section.[40/2014]
(2) An application may be made for an individual (not being a regulated legal practitioner) to be registered under this section, if the individual satisfies such requirements as may be prescribed.[40/2014]
(3) The Attorney-General and the Society are entitled to object to any application under subsection (2).[40/2014]
(4) The Director of Legal Services may approve an application under subsection (2), and register an individual as a regulated non‑practitioner, subject to —(a)
such conditions as may be prescribed; and
(b)
such conditions as the Director of Legal Services may think fit to impose in any particular case.[40/2014]
(5) In deciding whether to approve an application under subsection (2) and register an individual under this section, the Director of Legal Services must have regard to, but is not bound by, any objection under subsection (3).[40/2014]
(6) An individual who is registered under this section is entitled to such privileges as may be prescribed.[40/2014]
Application for and renewal of registration under this Part
36H.—(1) An application for any registration under this Part must be —(a)
made to the Director of Legal Services in such form and manner as the Director of Legal Services may require; and
(b)
accompanied by —(i)
such fee as may be prescribed; and
(ii)
such documents and information as the Director of Legal Services may require.[40/2014]
(2) Any registration under this Part which is prescribed for the purposes of this subsection remains valid until it is cancelled or suspended.[40/2014]
(3) Any registration under this Part which is prescribed for the purposes of this subsection is valid, unless it is sooner cancelled or suspended, for such period as the Director of Legal Services may specify.[40/2014]
(4) The Director of Legal Services may renew any registration mentioned in subsection (3) for such period as the Director of Legal Services may specify, on an application —(a)
made to the Director of Legal Services in such form and manner as the Director of Legal Services may require; and
(b)
accompanied by —(i)
such fee as may be prescribed; and
(ii)
such documents and information as the Director of Legal Services may require.[40/2014]
(5) The Director of Legal Services may renew any registration referred to in subsection (3) subject to —(a)
such conditions as may be prescribed for the renewal of that type of registration; and
(b)
such conditions as the Director of Legal Services may think fit to impose in any particular case.[40/2014]
(6) The Director of Legal Services may cancel or suspend any registration under this Part if that registration was obtained by fraud or misrepresentation.[40/2014]
Compliance with guidelines, directions, undertakings and conditions
36I.—(1) The Director of Legal Services may require any person making an application for any registration under this Part to provide such undertakings as the Director of Legal Services thinks fit to prevent any direct or indirect circumvention of the provisions of this Part.[40/2014]
(2) The Director of Legal Services may, from time to time, issue guidelines relating to any registration under this Part.[40/2014]
(3) Where any requirement of any guideline issued under this section is in conflict with any requirement specified in this Part, the latter prevails.[40/2014]
(4) The Director of Legal Services must cause all guidelines issued under this section to be published in such manner as will give persons to whom the guidelines relate notice of the requirements specified in the guidelines.[40/2014]
(5) It is a condition of every registration under this Part that the person registered must comply with the requirements of this Part, including any guideline issued under this section and any undertaking provided under this section.[40/2014]
(6) The Director of Legal Services may, if he or she is satisfied that any person registered under this Part has contravened any provision of this Part, any guideline issued under this section or any undertaking provided under this section, issue directions to that person to ensure compliance by that person.[40/2014]
(7) A direction under subsection (6) must be —(a)
issued in writing and must specify the provision of this Part or the guideline issued under this section or the undertaking provided under this section that has been contravened; and
(b)
sent to the person to which it relates at the last known address of that person.[40/2014]
(8) The Director of Legal Services may cancel the registration of any person under this Part, if that person fails to comply with any condition of that registration or with any direction of the Director of Legal Services issued under subsection (6).[40/2014]
(9) Where any undertaking was or was deemed, immediately before 18 November 2015, to be provided, under the repealed section 130Q as in force immediately before that date, for the purposes of any registration under the repealed section 130I, 130K, 130N or 130O as in force immediately before that date, that undertaking is deemed, with effect from that date, to be an undertaking provided under this section.[40/2014]
[Act 8 of 2022 wef 18/11/2015]
(10) Any guidelines or directions issued by the Attorney‑General under the repealed section 130Q as in force immediately before 18 November 2015 for the purposes of any registration under the repealed section 130I, 130K, 130N or 130O as in force immediately before that date are deemed, with effect from that date, to be guidelines or directions (as the case may be) issued by the Director of Legal Services under this section.[40/2014]
[Act 8 of 2022 wef 18/11/2015]
(11) To avoid doubt, a reference to guidelines in this section includes a reference to notices, guidance notes or other similar communications by whatever name called.[40/2014]
Appeal against decision of Director of Legal Services under this Part, etc.
36J.—(1) Any person who is aggrieved by a decision of the Director of Legal Services under this Part may, within the prescribed period, appeal to the Minister in the prescribed manner.[40/2014]
(2) A person making an appeal under subsection (1) must comply with any rules made under section 36M for the purposes of this section.[40/2014]
(3) In determining an appeal under this section, the Minister may —(a)
confirm, vary or reverse the decision of the Director of Legal Services; or
(b)
direct the Director of Legal Services to reconsider that decision.[40/2014]
(4) The Director of Legal Services may, if he or she is satisfied that it is in the public interest to do so, vary or revoke any condition imposed by him or her under this Part.[40/2014]
Failure to register or furnish information
36K.—(1) Where a foreign lawyer —(a)
is required to be registered under section 36B, 36C or 36D but —(i)
fails to apply for such registration; and
(ii)
in the case of a foreign lawyer required to be registered under section 36B or 36C, is not deemed under section 36B(6) or 36C(4) (as the case may be) to be so registered; or
(b)
fails to furnish any particulars or information required under this Part,
then the rights of the foreign lawyer under or arising out of any contract in relation to the legal services provided through the office or place of business in Singapore of the Singapore law practice, Joint Law Venture, Qualifying Foreign Law Practice or licensed foreign law practice in which he or she is employed or is practising law are not enforceable in legal proceedings in the name of the foreign lawyer or of the Singapore law practice, Joint Law Venture, Qualifying Foreign Law Practice or licensed foreign law practice (as the case may be).
[40/2014]
(2) Where a solicitor —(a)
is required to be registered under section 36E but —(i)
fails to apply for such registration; and
(ii)
is not deemed under section 36E(5) to be so registered; or
(b)
fails to furnish any particulars or information required under this Part,
then the rights of the solicitor under or arising out of any contract in relation to the legal services provided through the office or place of business in Singapore of the Joint Law Venture or foreign law practice in which he or she is employed or is practising law are not enforceable in legal proceedings in the name of the solicitor or of the Joint Law Venture or foreign law practice (as the case may be).
[40/2014; 22/2018]
Civil penalty
36L.—(1) Any person (including a foreign lawyer, solicitor or regulated non‑practitioner) who contravenes any provision in this Part shall be liable to pay a civil penalty in accordance with this section.[40/2014]
(2) Whenever it appears to the Director of Legal Services that any person mentioned in subsection (1) has contravened any provision in this Part, the Director of Legal Services may bring an action in a court to seek an order for a civil penalty in respect of that contravention against —(a)
that person;
(b)
the Singapore law practice or foreign law practice in which that person is a partner, a director, a consultant or an employee;
(c)
the Joint Law Venture, or the constituent Singapore law practice or constituent foreign law practice of the Joint Law Venture, in which that person is practising; or
(d)
the Formal Law Alliance, or any Singapore law practice or foreign law practice which is a member of the Formal Law Alliance, in which that person is practising.[40/2014]
(3) If the court is satisfied on a balance of probabilities that the person has contravened a provision in this Part, the court may make an order for the payment of a civil penalty against —(a)
the person, being an individual, of a sum not exceeding $50,000; or
(b)
the Singapore law practice, foreign law practice, Joint Law Venture or Formal Law Alliance against which the action is brought under subsection (2), of a sum not exceeding $100,000.[40/2014]
(4) Despite subsection (3), where an action has been brought against a person or a Singapore law practice, foreign law practice, Joint Law Venture or Formal Law Alliance (called in this section the defendant) —(a)
the court may make an order against the defendant, if the Director of Legal Services has agreed to allow the defendant to consent to the order with or without admission of a contravention of a provision in this Part; and
(b)
the order may be made on such terms as may be agreed between the Director of Legal Services and the defendant.[40/2014]
(5) Nothing in this section prevents the Director of Legal Services from entering into an agreement with the defendant to pay, with or without admission of liability, a civil penalty within the limits referred to in subsection (3) for a contravention of any provision in this Part.[40/2014]
(6) A civil penalty imposed under this section must be paid into the Consolidated Fund.[40/2014]
(7) If the defendant fails to pay the civil penalty imposed on the defendant within the time specified in the court order mentioned in subsection (3) or (4) or specified under the agreement mentioned in subsection (5), the Director of Legal Services may recover the civil penalty as though the civil penalty were a judgment debt due to the Government.[40/2014]
(8) Rules of Court may be made to —(a)
regulate and prescribe the procedure and practice to be followed in respect of proceedings under this section; and
(b)
provide for costs and fees of such proceedings, and for regulating any matter relating to the costs of such proceedings.[40/2014]
(9) This section applies despite any disciplinary action having been taken against the foreign lawyer, solicitor or regulated non‑practitioner concerned under any other provision of this Act or by any professional disciplinary body (whether in Singapore or in any state or territory outside Singapore).[40/2014]
Rules for this Part
36M.—(1) The Minister may make such rules as may be necessary or expedient for the purposes of this Part.[40/2014]
(2) Without limiting subsection (1), the Minister may make rules —(a)
to prescribe anything which may be prescribed under this Part;
(b)
to provide for any provision of this Act (other than this Part) to apply, with such modifications as may be specified, to —(i)
a solicitor practising in —(A)
a constituent Singapore law practice or constituent foreign law practice of a Joint Law Venture; or
(B)
a Singapore law practice or foreign law practice which is a member of a Formal Law Alliance; or
(ii)
a foreign lawyer registered under section 36B;
(c)
to prescribe the qualifications, experience and expertise required of a foreign lawyer for eligibility to apply for registration under section 36B, 36C or 36D;
(d)
to prescribe the conditions that a foreign lawyer registered under section 36B, 36C or 36D must comply with;
(e)
to specify the type of Singapore law practice at which a foreign lawyer registered under section 36B, 36C or 36D may practise, including the areas of practice of the Singapore law practice;
(f)
to prescribe the institutions of higher learning and the qualifications conferred by each such institution which may be recognised for the purposes of section 36B;
(g)
to prescribe the courses of instruction, and the subjects in each such course of instruction, which a foreign lawyer must attend and satisfactorily complete before he or she can be registered under section 36B;
(h)
to prescribe the examinations which a foreign lawyer must pass before he or she can be registered under section 36B;
(i)
to specify the minimum standard of attainment to be achieved by a foreign lawyer in relation to the qualifications mentioned in paragraph (f), courses mentioned in paragraph (g) or examinations mentioned in paragraph (h);
(j)
to require a foreign lawyer mentioned in section 36B to have practised as a partner, a director or an employee in a Singapore law practice for a minimum period, and to specify any requirements as to the type of Singapore law practice at which the foreign lawyer must have practised, including any area of practice of the Singapore law practice;
(k)
to prescribe any condition for eligibility to apply for any registration under this Part;
(l)
to provide, without limiting section 36H, for the making of any application for any registration under this Part, or for the renewal of any such registration, and for all other related matters;
(m)
to provide for —(i)
the payment of fees (including administrative fees and processing fees) and other charges for —(A)
any application for or renewal of any registration under this Part; and
(B)
any matter related or incidental to any such application or renewal; and
(ii)
all other related matters;
(n)
to provide for the cancellation, suspension or lapsing of any registration under this Part;
(o)
to require the submission of information and particulars relating to any foreign lawyer, solicitor or other individual required to be registered under this Part;
(p)
to provide for the form and manner in which registers of foreign lawyers, solicitors and regulated non‑practitioners registered under this Part are to be kept;
(q)
to provide for the issuance and amendment of foreign practitioner certificates, certificates of registration or certificates of good standing and certified true copies of such certificates, and for the payment of fees in relation to such certificates;
(r)
for regulating foreign lawyers, solicitors and regulated non‑practitioners registered under this Part, including the imposition of compulsory insurance cover and financial controls;
(s)
to provide for any provision of this Act that is applicable to an advocate and solicitor to apply, with such modifications as may be specified, to any foreign lawyer, solicitor or regulated non‑practitioner registered under this Part;
(t)
to provide for sections 72 and 73 and any rules made under section 72 or 73 to apply, with such modifications as may be specified, to —(i)
a foreign lawyer registered under section 36B or 36D; or
(ii)
a solicitor registered under section 36E,
in respect of the practice of Singapore law;
(u)
to exempt any person or entity, or any class of persons or entities, from any provision of this Part or of any rules made under section 74(3) or 75B(3); and
(v)
to prescribe such transitional, savings, incidental, consequential or supplementary provisions as the Minister considers necessary or expedient.[40/2014]
Powers of Minister in relation to registration requirements
36N.—(1) Without affecting section 36M(2)(u), upon an application made to the Minister by any foreign lawyer, the Minister may exempt the foreign lawyer from all or any, and from the whole or any part of any, of the requirements under any rules made under section 36M(2)(c), (f), (g), (h), (i) or (j), if the Minister is of the opinion that the foreign lawyer is, by reason of his or her standing and experience or for any other cause, a fit and proper person to be so exempted.[40/2014]
(2) An exemption granted to a person under subsection (1) —(a)
may be subject to any conditions that the Minister may think fit to impose by written notice to the person;
(b)
must be notified in writing to the person; and
(c)
need not be published in the Gazette.[40/2014]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
