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Hong Kong S.a.r. And Macau S.a.r. Form Associations With Mainland Law Firms Law Firm Management

Original Language Title: 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

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(Released November 30, 2003, the Ministry of Justice, 83rd) Chapter I General provisions article and the concept approved by the State Council of the Mainland/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, Macau and the representative nature of 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;
    (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; (VII) two years prior to applying for associate lawyers not trained in Hong Kong, Macau regulatory penalties.
    Article that meets the following conditions of law firms in the Mainland, can apply for joint venture: (a) set up for 3 years, (ii) lawyer of not less than 20 people, (iii) two years prior to application pool have not received administrative punishments, disciplinary action.
    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 developed of associates agreement draft; (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 or cooperation people list, to (City) level judicial administrative organ issued of the by meet this approach sixth article provides conditions of proved file; (six) provincial judicial administrative organ requirements submitted of other material.
    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. 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 or cooperation people 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 end
    And liquidation; (j) liability (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.
    About 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 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, (ii) joint venture in accordance with the agreement of both parties agreed to terminate the joint venture, (iii) joint venture is no longer acquired or bankruptcy and (iv) 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. The fourth chapter, supervision and management of the 22nd Hong Kong, the Mainland and Macao law firm law firm Associates, shall before March 31 in each year, common to the judicial administrative organs at the provincial level, where the lawyers submitted to the joint report of the previous year, and tested.
    Fails to submit the report without good reason 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.