The Ministry Of Justice On Amending Hong Kong S.a.r. And Macau S.a.r. Form Associations With Mainland Law Firms Law Firm Administrative Policy Decision

Original Language Title: 司法部关于修改《香港特别行政区和澳门特别行政区律师事务所与内地律师事务所联营管理办法》的决定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/200912/20091200145470.shtml

The Ministry of Justice on amending Hong Kong S.A.R. and Macau S.A.R. form associations with mainland law firms law firm administrative policy decision (September 1, 2009 Ministry of Justice makes 118th, announced since October 1, 2009 up purposes) to promote Hong Kong, and Macau and mainland established more close trade relationship, according to state approved of straddling Mainland and Hong Kong on established more close trade relationship of arrangements added agreement six and straddling Mainland and Macau on established more close trade relationship of arrangements added agreement six, decided on Hong Kong S.A.R. and Macau S.A.R. lawyer firm and Mainland lawyer firm Associates management approach

    Make the following modifications: First, one paragraph is added as the second paragraph in the sixth article, says: "was established at least 1 year and at least 1 setting up people solicitors with at least 5 years experience, his domicile in the Guangdong Province of Mainland law firms, can also apply for a joint venture.

    ”

    The sixth article to the third paragraph.

    Second, in the seventh as a third paragraph is added after the second paragraph, reads: "according to the second paragraph of this article sixth requirement so that a consortium of law firms in the Mainland, should be submitted simultaneously to the solicitors with at least 5 years experience in setting up documentation of people."

    The seventh article to fourth.

    Third, this decision shall take effect on October 1, 2009.

    Hong Kong S.A.R. and Macau S.A.R. form associations with mainland law firms law firm administrative measures (83rd issue the Ministry of Justice, Ministry of Justice make its 106th, 109th and 100th amended), corresponding amendments shall be made according to this decision, publish it again.

    Report: Hong Kong S.A.R. and Macau S.A.R. form associations with mainland law firms law firm management (revised 2009)

    (November 30, 2003 the Ministry of Justice published on December 28, 2005, the Ministry of Justice Decree 83rd 100th, December 22, 2006, the 106th, the Ministry of Justice Ministry of Justice on March 6, 2008 109th and 118th amended September 1, 2009 Ministry of Justice)

    Chapter I General provisions

    First approved in order to implement the State Council between the Mainland and Hong Kong closer economic partnership arrangement and the relationship between the Mainland and Macao closer economic partnership arrangement, Hong Kong and Macao law firm form associations with mainland law firms in the Mainland as well as the management, these measures are formulated.

    Second joint venture in these measures, from the establishment of representative offices in the Mainland of Hong Kong and Macao law firm and a law firm in the Mainland, in accordance with the rights and obligations stipulated in the agreement, a joint business in the Mainland, are provided to clients from Hong Kong, Macao and the Mainland's legal services. Third law firm law firm from Hong Kong, Macao and the Mainland joint venture, joint venture partnership and the Association of legal persons may be taken.

    Law firm law firm Hong Kong, Macau and the Mainland during the pool period, legal status, names of the parties and financial independence should be maintained independently assume civil liability.

    Fourth law firm law firm from Hong Kong, Macao and the Mainland joint venture, shall comply with laws, regulations and rules, abide by the lawyers ' professional ethics and practice discipline, shall not harm State security and social and public interests.

    Chapter associate application

    Article meets the following conditions of Hong Kong and Macao law firms can apply for joint venture:

    (A) according to the relevant regulations of the Hong Kong and Macao registered;

    (B) in the Hong Kong and Macao owned or leased premises engaged in substantive business operations for 3 years;

    (C) the sole proprietor or all partners must be from Hong Kong, Macao registered lawyers;

    (D) the scope of business in Hong Kong and Macao should be provided to local legal services;

    (E) all law firms and sole proprietors or partners are chargeable to Hong Kong profits tax, additional taxes or derived from Macao occupational tax;

    (Vi) has been allowed to set up representative offices in the Mainland, and representative offices in the two years prior to application pool have not received administrative punishments apply joint representative bodies set up for less than two years, since the date of the establishment of the representative office have not received administrative punishment.

    Article that meets the following conditions of law firms in the Mainland, can apply for joint venture:

    (A) set up for 3 years;

    (B) two years prior to application pool have not received administrative punishments, disciplinary.

    Established for over 1 year, and set up at least 1 person solicitors with at least 5 years experience, his domicile in the Guangdong Province of Mainland law firms, can also apply for a joint venture.

    Lawyers should not be used as pool application pool.

    Seventh law firm from Hong Kong, Macao and Mainland law firms for joint venture, should be common to the Mainland lawyers firm seat of the provincial-level judicial administrative organs to submit the following application materials:

    (A) the signing of joint application;

    (B) joint venture agreement signed by the parties;

    (C) the Hong Kong and Macao law firms in Hong Kong, Macau established an effective copy of the registration certificate, the sole proprietor or person in charge, all partners, copy of license to practice in the Mainland representative offices and representatives;

    (D) the Hong Kong and Macau S.A.R. Government departments concerned issued by the Hong Kong and Macao law firms meet the standards of the Hong Kong and Macao legal services providers certificates;

    (V) Mainland law firm license copy of heads, lists of all the partners, prefectural (City) level certificate issued by the Institute of judicial administration in accordance with the conditions specified in article sixth of the supporting documents;

    (F) the Hong Kong and Macao in the Mainland representative institutions and Mainland law firms are not in the same province, autonomous regions and municipalities, from the Hong Kong representative offices in the Mainland, Macao law firm seat of the provincial administration of Justice certificate issued by the Hong Kong and Macao law firm in accordance with the article fifth section (vi) provided evidence of the condition;

    (VII) other materials required by the judicial administrative organs at the provincial level.

    Listed in the preceding paragraph of this article valid copies of registration documents, the notary shall be recognized by the Mainland.

    According to the second paragraph of this article sixth requirement so that a consortium of law firms in the Mainland, should be submitted simultaneously to the solicitors with at least 5 years experience in setting up human-proof material. Application materials shall be in Chinese, a set of three copies.

    Materials, such as using a foreign language, Chinese translation should be attached. Eighth judicial administrative organs at the provincial level shall, from the date of receipt of the application materials for the applicant pool within the 20th to grant or to joint decisions.

    Cannot make a decision in the 20th, and approved by the head of this body, can extend the 10th, and shall inform the applicant of the reasons for such further period.

    To meet the conditions as provided herein, shall be granted to the joint venture, issued a joint venture license; does not meet the conditions as provided herein, no associate, and notify the applicant in writing.

    Granted the joint venture, provincial-level judicial administrative organs shall from the date of issuing joint venture licenses in the 30th, will be granted the joint venture reported to the Justice Department filing documents and related materials.

    Hong Kong and Macao in the Mainland representative institutions and Mainland law firms are not in the same province, autonomous region and municipalities, judicial administrative organs at the provincial level, where the Mainland law firm grant Associates, to approve the joint venture decision of judicial administrative organs at the provincial level should also be granted the joint venture documents copied from Hong Kong, Macao law firm judicial administrative organs at the provincial level, where the representative offices in the Mainland.

    Chapter III pool rules Nineth law firm law firm from Hong Kong, Macao and the Mainland joint venture, entered into a joint venture agreement in written form.

    Joint venture agreement shall include the following information:

    (A) the joint domicile of the parties ' respective names, names, sole proprietor, partner;

    (B) the associated name, logo;

    (Iii) associated terms;

    (D) joint venture business scope;

    (E) the arrangements for the sharing of office space and equipment;

    (F) arrangements for shared administrative, secretarial and other support personnel;

    (VII) share of associated charges and cost-sharing arrangements;

    (H) the associated mutual insurance in which lawyers practise and accountability arrangements;

    (I) the termination and liquidation of the joint venture;

    (10) the liability for breach;

    (11) dispute settlement;

    (12) other matters.

    Joint venture agreement shall be made in accordance with the relevant provisions of the law in the Mainland.

    Approved by the judicial administrative organs of the joint venture after the entry into force of the joint venture. Tenth the Hong Kong and Macao law firm form associations with mainland law firms of the joint venture agreement periods of not less than 1 year. Both sides of the joint venture agreement, the joint venture expires, by mutual agreement can be renewed.

    Application Associates renewed, shall, in accordance with the procedure provided for in article seventh and eighth. 11th Hong Kong, Macau and Mainland law firms law firm Associates, agreed and approved the joint venture name can be used and associated identity.

    Pool name from Hong Kong or Macao law firm names form associations with mainland law firms name and composition.

    12th Hong Kong, Macau and Mainland law firms law firm Associates, can work together on behalf of the joint venture, accept authorization by a party or other law firm commissioned, collaborative procedures permitted to engage in the practice of lawyers in Hong Kong, Macau, mainland China and other countries outside of the law.

    Participation in the joint venture business in Hong Kong and Macao lawyers, not for legal services in the Mainland.

    13th pool parties entrusted with the handling of Legal Affairs, should avoid conflicts of interest between their client.

    14th the Hong Kong and Macao law firm on behalf of the joint venture cooperation with mainland law firms handling legal Affairs, can unify the charges from the principal, the two sides in accordance with the distribution of the joint venture; you can also handle legal affairs according to the joint venture, respectively, to charge clients, but must inform the client. Article 15th Hong Kong, the Mainland and Macao law firm law firm Associates, joint business promotion activities.

    But at the time of business promotion, should disclose the following facts:

    (A) joint venture is not a coordinated management in partnership or Association of legal persons;

    (B) joint venture of Hong Kong and Macao law firms and their lawyers cannot be engaged in legal services in the Mainland;
(C) promotion of lawyers required to express their firm's name.

    16th joint venture and its participation in the joint venture business between lawyers, should be in accordance with the relevant provisions in the Hong Kong, Macao and the Mainland, respectively, to participate in the lawyers ' insurance on their behalf.

    17th joint venture the two sides carry out joint business in the illegal practice or loss caused by the fault to the client, the Parties shall in accordance with the Association Agreement, by the innocent party or shared liability alone. 18th from Hong Kong, Macau and Mainland law firms law firm Associates, can share office space and office equipment. Joint venture decided to share office space, should select the law firms in the Mainland of Hong Kong and Macao representative offices or lawyers offices as shared Office space.

    Shared Office premises or office equipment cost-sharing by the joint venture agreement. 19th law firm Associates law firm Hong Kong, Macao and the Mainland, shared administrative, secretarial and other support personnel.

    About cost-sharing by the joint venture agreement.

    Article 20th law firm Associates law firm Hong Kong, Macao and the Mainland, should remain separate financial systems and accounting books.

    Article 21st law firm Associates law firm Hong Kong, Macao and the Mainland, any of the following circumstances shall be termination of Association:

    (A) the expiration of the joint venture parties no longer apply for renewal;

    (B) joint venture in accordance with the agreement of both parties agreed to terminate the joint venture;

    (C) joint venture is no longer acquired or bankruptcy;

    (D) the law firm representative offices in the Mainland of Hong Kong and Macao were written off in accordance with law;

    (E) other circumstances that warrant the termination of association according to law.

    Termination of Association, by the judicial administrative organs at the provincial level for cancellation procedures.

    Supervision and administration of the fourth chapter

    22nd Hong Kong, Macau and Mainland law firms law firm Associates, shall, before March 31 of each year, common to the judicial administrative organs at the provincial level, where the lawyers submitted to the joint practice license copy, as well as the annual test materials, subject to annual inspection:

    (A) the Hong Kong and Macao in the Mainland representative institutions and Mainland law firms practising licence and copy of;

    (B) joint report of the previous year, including joint venture on behalf of entrusted Legal Affairs, on behalf of the associated legal fees, affiliate fee-sharing and operational burden-sharing, pooled income and tax situation, operating on behalf of the joint venture because of a law practice or for damages caused to the client due to his fault, and so on;

    (C) the Hong Kong and Macao in the Mainland representative institutions and mainland provincial-level judicial administrative bodies or, where the law firm (City) level certificate issued by the representative of the administration of justice institutions and Mainland law firms in the previous year, subject to administrative penalties or disciplinary file.

    Without due cause fails to submit annual subject to annual inspection of materials shall be deemed as automatic termination of the joint venture.

    23rd article Hong Kong, and Macau lawyer firm and Mainland lawyer firm Associates, has violation Mainland legal, and regulations and regulations and the this approach provides of behavior of, by provincial judicial administrative organ give warning, ordered deadline corrected; late not corrected of, at 10,000 yuan following fine; has illegal proceeds of, at illegal proceeds 1 time times above 3 times times following fine, but fine highest shall not over 30,000 yuan. 24th judicial administrative personnel in administrative activities, acts in violation of laws, rules and regulations, shall be subject to administrative sanctions.

    Constitute a crime, criminal responsibility shall be investigated according to law.

    The fifth chapter by-laws

    25th article this way by the Ministry of Justice explained. 26th article this way come into force on January 1, 2004.