s 176 Foreign interests in Singapore law practices
176.—(1) Subject to the provisions of this Division, where a foreign lawyer is registered under section 36B, 36C or 36D, nothing in this Act prevents the foreign lawyer, with the approval of the Director of Legal Services, from —(a) being a director, partner or shareholder in a Singapore law practice; or (b) sharing in the profits of a Singapore law practice.[40/2014] (2) Every foreign lawyer to whom an approval under subsection (1) has been granted, and every Singapore law practice mentioned in subsection (1), must comply with —(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 on the foreign lawyer or Singapore law practice, as the case may be.[40/2014] (3) To avoid doubt, the approval of the Director of Legal Services under subsection (1) lapses if the registration of the foreign lawyer under section 36B, 36C or 36D is cancelled or suspended, or lapses.[40/2014] (4) With effect from 18 November 2015 —(a) a foreign lawyer who, immediately before that date, was or was deemed to be granted an approval under the repealed section 130L(1) as in force immediately before that date —(i) is deemed to be granted an approval under subsection (1); and (ii) must comply with —(A) the conditions mentioned in subsection (2)(a); (B) the conditions (if any) imposed by the Attorney‑General on the foreign lawyer under the repealed section 130L(2)(b) or 130P(5)(b) as in force immediately before that date; and (C) such conditions as the Director of Legal Services may think fit to impose in any particular case on the foreign lawyer; (b) a Singapore law practice which, immediately before that date, was a Singapore law practice mentioned in the repealed section 130L(1) as in force immediately before that date —(i) is deemed to be a Singapore law practice which is mentioned in subsection (1); and (ii) must comply with —(A) the conditions mentioned in subsection (2)(a); (B) the conditions (if any) imposed by the Attorney‑General on the Singapore law practice under the repealed section 130L(2)(b) or 130P(5)(b) as in force immediately before that date; and (C) such conditions as the Director of Legal Services may think fit to impose in any particular case on the Singapore law practice; and (c) any undertaking provided by that foreign lawyer, that Singapore law practice or any partner or director of that Singapore law practice under the repealed section 130M or 130Q as in force immediately before that date is enforceable by the Director of Legal Services as if that undertaking were provided under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 179, as the case may be.[40/2014] [Act 8 of 2022 wef 18/11/2015] (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)(a), and the Director of Legal Services may, upon receiving those particulars, issue a certificate of approval 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 granted an approval under the repealed section 130L(1) 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 granted an approval under subsection (1); and (b) any undertaking provided under the repealed section 130M or 130Q as in force immediately before that date, by that foreign lawyer, by a Singapore law practice in respect of which that foreign lawyer applied for an approval under the repealed section 130L(1) as in force immediately before that date, or by a partner or director of that Singapore law practice, is deemed to be an undertaking provided under section 177 or 179 (as the case may be) by that foreign lawyer, Singapore law practice, partner or director, as the case may be.[40/2014] [Act 8 of 2022 wef 18/11/2015] (7) The Attorney-General may transfer to the Director of Legal Services the particulars of and documents relating to any application mentioned in subsection (6).[40/2014] (8) To avoid doubt, for the purposes of this section and section 177, it is irrelevant whether a foreign lawyer practises in Singapore or elsewhere.[40/2014] (9) Subject to the provisions of this Division, nothing in this Act prevents a foreign law practice, with the approval of the Director of Legal Services, from —(a) being a shareholder in any Singapore law practice which is a law corporation; or (b) sharing in the profits of any Singapore law practice.[40/2014] (10) Every foreign law practice and every Singapore law practice mentioned in subsection (9) must comply with —(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 on the foreign law practice or Singapore law practice, as the case may be.[40/2014] (11) With effect from 18 November 2015 —(a) a foreign law practice, immediately before that date, was granted an approval under the repealed section 130L(6) as in force immediately before that date —(i) is deemed to be granted an approval under subsection (9); and (ii) must comply with —(A) the conditions mentioned in subsection (10)(a); (B) the conditions (if any) imposed by the Attorney‑General on the foreign law practice under the repealed section 130L(7)(b) or 130P(5)(b) as in force immediately before that date; and (C) such conditions as the Director of Legal Services may think fit to impose in any particular case on the foreign law practice; (b) a Singapore law practice which, immediately before that date, was a Singapore law practice mentioned in the repealed section 130L(6) as in force immediately before that date —(i) is deemed to be a Singapore law practice which is mentioned in subsection (9); and (ii) must comply with —(A) the conditions mentioned in subsection (10)(a); (B) the conditions (if any) imposed by the Attorney‑General on the Singapore law practice under the repealed section 130L(7)(b) or 130P(5)(b) as in force immediately before that date; and (C) such conditions as the Director of Legal Services may think fit to impose in any particular case on the Singapore law practice; and (c) any undertaking provided by that foreign law practice, that Singapore law practice or any partner or director of that foreign law practice or Singapore law practice 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 179, as the case may be.[40/2014] [Act 8 of 2022 wef 18/11/2015] (12) The Attorney-General may transfer to the Director of Legal Services the particulars of and documents relating to any foreign law practice mentioned in subsection (11)(a), and the Director of Legal Services may, upon receiving those particulars and documents, issue a certificate of approval to that foreign law practice, without any action on the part of that foreign law practice.[40/2014] (13) With effect from 18 November 2015 —(a) any application which was made before that date for a foreign law practice to be granted an approval under the repealed section 130L(6) as in force immediately before that date, and which is pending immediately before that date, is deemed to be an application for that foreign law practice to be granted an approval under subsection (9); and (b) any undertaking provided under the repealed section 130M or 130Q as in force immediately before that date, by that foreign law practice, by a Singapore law practice in respect of which that foreign law practice applied for an approval under the repealed section 130L(6) as in force immediately before that date, or by a partner or director of that Singapore law practice, is deemed to be an undertaking provided under section 177 or 179 (as the case may be) by that foreign law practice, Singapore law practice, partner or director, as the case may be.[40/2014] [Act 8 of 2022 wef 18/11/2015] (14) The Attorney-General may transfer to the Director of Legal Services the particulars of and documents relating to any application mentioned in subsection (13).[40/2014] (15) To avoid doubt, for the purposes of this section and section 177, it is irrelevant whether a foreign law practice is licensed under section 169, 170, 171 or 172 or has given notice of the establishment of a representative office under section 173.[40/2014]