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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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(On March 6, 2008 Ministry of Justice makes 109th, announced since announced of day 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 four and straddling Mainland and Macau on established more close trade relationship of arrangements added agreement four, combined in recent years Hong Kong, and Macau lawyer firm and Mainland lawyer firm carried out associates of situation, decided on Hong Kong S.A.R. and Macau S.A.R. lawyer firm and Mainland lawyer firm Associates management approach for following modified: a, and will second article modified for: "this approach by said of Associates, is by has in mainland established representative institutions of Hong Kong, and Macau lawyer firm and a Mainland lawyer firm, according to agreement agreed of right and obligations, in Mainland for joint business, to client respectively provides Hong Kong, and Macau and Mainland legal service.
    "Second, delete the fifth paragraph (g) of subsection (f) is amended as" 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 punishments ". Three, and will seventh article first paragraph subsection (ii) items modified for: "(ii) both signed of associates agreement"; will subsection (five) items modified for: "(five) Mainland lawyer firm practice industry license of copies, head, and all partner list, to (City) level judicial administrative organ issued of the by meet this approach sixth article provides conditions of proved file"; increased a items as subsection (six) items, content for "(six) Hong Kong, and Macau lawyer firm standing Mainland representative institutions and Mainland lawyer firm is not same province, and 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 firms is consistent with this approach the fifth section (vi) provided evidence of the condition ", the original (vi) (VII). Four, and in eighth article increased a paragraph as fourth paragraph, content for "Hong Kong, and Macau lawyer firm standing Mainland representative institutions and Mainland lawyer firm is not same province, and autonomous regions, and municipalities, by Mainland lawyer firm location of provincial judicial administrative organ granted associates of, made granted associates decided of provincial judicial administrative organ also should will granted associates of documents while cc Hong Kong, and Macau lawyer firm standing Mainland representative institutions location of provincial judicial administrative organ.
    "The first paragraph of article v, the Nineth (a) amended to" affiliated parties ' respective names, domicile, sole proprietor, partner's name. " Six, the 18th is revised as follows: "law firm Associates law firm Hong Kong, Macao and the Mainland, 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.
    "Seven, add in the 21st paragraph as paragraph (d), to be" law firm representative offices in the Mainland of Hong Kong and Macao were written off in accordance with law ", original paragraph (iv) (v). Eight, and will 22nd article modified for "Hong Kong, and Macau lawyer firm and Mainland lawyer firm Associates, should in annual March 31 Qian, common to Mainland lawyer firm location of provincial judicial administrative organ submitted Associates practice industry license copy and following annual test material, accept annual test: (a) Hong Kong, and Macau lawyer firm standing Mainland representative institutions and Mainland lawyer firm of effective practice industry license copy and the copies; (ii) Shang a annual of associates situation report, Contents include the case on behalf of the joint venture entrusted to legal Affairs, on behalf of the associated fees for legal services, 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 fault conditions, (iii) in Hong Kong,
    Macao's law firms in the Mainland representative offices and judicial administrative organs at the provincial level, where the law firms in the Mainland, or (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.
    "This decision as of the date of promulgation.

    Hong Kong S.A.R. and Macau S.A.R. form associations with mainland law firms law firm Regulation (Ministry of Justice, the 83rd release, 100th and 106th, the Ministry of Justice to amend), 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 2008) (November 30, 2003, the Ministry of Justice, the 83rd release.
    According to on December 28, 2005 Ministry of Justice makes 100th,, and on December 22, 2006 Ministry of Justice makes 106th, and on March 6, 2008 Ministry of Justice makes 109th, Amendment) first chapter General first article to implementation State approved of Mainland and Hong Kong on established more close trade relationship of arrangements and Mainland and Macau on established more close trade relationship of arrangements, specification Hong Kong, and Macau lawyer firm and Mainland lawyer firm in Mainland for associates of activities and the management, developed this approach.
    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.
    Second chapter Associates application fifth article meet following conditions of Hong Kong, and Macau lawyer firm, can application associates: (a) according to Hong Kong, and Macau about regulations registration established; (ii) in Hong Kong, and Macau has or rental business places engaged in substantive commercial business full 3 years; (three) owned operators or all partner must for Hong Kong, and Macau registered practice industry lawyer; (four) main business range should for in Hong Kong, and Macau provides local legal service;
    (Five) lawyer firm and owned operators or all partner are must paid Hong Kong Lee have tax, and Macau proceeds added tax or career tax; (six) has allowed in mainland established representative institutions, and representative institutions in application associates Qian two years not trained administrative punishment; application associates Shi representative institutions established not full two years of, since representative institutions established of day up not trained 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, (ii) two years prior to application pool have not received administrative punishments, disciplinary.
    Lawyers should not be used as pool application pool.
    Seventh article Hong Kong, and Macau lawyer firm and Mainland lawyer firm application associates, should common to Mainland lawyer firm location of provincial judicial administrative organ submitted following application material: (a) both signed of associates applications; (ii) both signed of associates agreement; (three) Hong Kong, and Macau lawyer firm allowed in Hong Kong, and Macau established of effective registration documents of copies, owned operators or head, and all partner list, standing Mainland representative institutions practice industry license of copies and the representative list; (Four) Hong Kong, and Macau S.A.R. Government about sector issued of Hong Kong, and Macau lawyer firm meet Hong Kong, and Macau legal service provides who standard of certificate; (five) Mainland lawyer firm practice industry license of copies, head, and all partner list, to (City) level judicial administrative organ issued of the by meet this approach sixth article provides conditions of proved file; (six) Hong Kong, and Macau lawyer firm standing Mainland representative institutions and Mainland lawyer firm is not same province, and autonomous regions, and municipalities of, by Hong Kong, and
    Macao law firm seat of the representative offices in the Mainland provincial-level judicial administrative bodies issued by Hong Kong, Macao law firm is consistent with this approach the fifth paragraph (f) provides 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. 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, you 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 regions and municipalities, the Mainland judicial administrative organs at the provincial level, where the law firm grant Associates, to approve the joint venture decision of judicial administrative organs at the provincial level should also be allowed to associate documents with a copy of Hong Kong and Macao law firm judicial administrative organs at the provincial level, where the representative offices in the Mainland. Chapter III affiliate rule Nineth Hong Kong, the Mainland and Macao law firm law firm Associates, should be entered into a joint venture agreement in written form.
    Associates agreement should including following content: (a) associates both their of name, and residence to, and owned operators, and partner name; (ii) Associates name, and identifies; (three) associates term; (four) associates business range; (five) total with Office places and equipment of arrangements; (six) total with administrative, and secretarial, auxiliary personnel of arrangements; (seven) associates charges of share and the operation costs of sharing arrangements; (eight) associates both lawyer of practice industry insurance and the responsibility bear way of arrangements; (nine) associates of terminated and the liquidation;
    (J) breach of, (11) dispute resolution (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 from Hong Kong, 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 procedures 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. 15th Hong Kong, Macau and Mainland law firms 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) the joint venture of Hong Kong and Macao law firms and their lawyers cannot be engaged in legal services in the Mainland and (iii) promotion of lawyers required to express their firm's name.
    The 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.
    20th law firm Associates law firm Hong Kong, Macao and the Mainland, should remain separate financial systems and accounting books.
    21st article Hong Kong, and Macau lawyer firm and Mainland lawyer firm Associates, has following case one of of, should terminated Associates: (a) associates expires both no longer application continued extended of; (ii) associates both according to agreement of agreed terminated associates of; (three) associates party no longer acquired or bankruptcy of; (four) Hong Kong, and Macau lawyer firm standing Mainland representative institutions was law cancellation of; (five) other law should terminated associates of case.
    Termination of Association, by the judicial administrative organs at the provincial level for cancellation procedures. Fourth chapter supervision management 22nd article Hong Kong, and Macau lawyer firm and Mainland lawyer firm Associates, should in annual March 31 Qian, common to Mainland lawyer firm location of provincial judicial administrative organ submitted Associates practice industry license copy and following annual test material, accept annual test: (a) Hong Kong, and Macau lawyer firm standing Mainland representative institutions and Mainland lawyer firm of effective practice industry license copy and the copies; (ii) Shang a annual of associates situation report, Contents include the case on behalf of the joint venture entrusted to legal Affairs, on behalf of the associated fees for legal services, 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 fault conditions, (iii) in Hong Kong,
    Macao's law firms in the Mainland representative offices and judicial administrative organs at the provincial level, where the law firms in the Mainland, or (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.
    Fifth chapter supplementary articles article 25th of this approach by the Ministry of Justice explained.
                                                                                            26th article this way come into force on January 1, 2004.