Provisions of the Ministry of Justice on the Implementation of the Administrative Regulations on the China-based Representative Offices of Foreign Law Firms
Provisions of the Ministry of Justice on the Implementation of the Administrative Regulations on the China-based Representative Offices of Foreign Law Firms
Provisions of the Ministry of Justice on the Implementation of the Administrative Regulations on the China-based Representative Offices of Foreign Law Firms
Order of the Ministry of Justice [2002] No. 73
July 4, 2002
Adopted at the Minister Meeting on June 25, 2002, the Provisions of the Ministry of Justice on the Implementation of the Administrative Regulations on the China-based Representative Offices of Foreign Law Firms are hereby promulgated and shall be effective as of September 1, 2002.
Minister Zhang Fusen
Attached: Administrative Regulations on the China-based Representative Offices of Foreign Law Firms
Chapter I General Provisions
Article 1 These Provisions are formulated for the purposes of implementing the Administrative Regulations on the China-based Representative Offices of Foreign Law Firms (hereinafter referred to as the Regulations) and performing the administrative responsibility of the judicial administrative department on foreign legal services conducted in China.
Article 2 For the purposes of these Provisions, the term "foreign law firms" refers to independent legal practising entities duly established outside China,composed of foreign practising lawyers, engaged in legal services other than Chinese legal affairs, with civil liability borne by some of its members, not including:
1. legal service departments of foreign governments, commercial organizations and other entities; and
2. practising associations composed of two or more foreign practising lawyers or law firms that do not share profits and risks.
Article 3 For the purposes of these Regulations, the term "foreign practising lawyers" refers to persons that have been qualified for legal practice outside China and have obtained statutory practising licences in the country where they obtained their practice qualifications.
Chapter II Establishment and Registration of Representative Offices
Article 4 "An actual need for setting up a representative office to provide legal services in China", as provided in Item 3 of Article 7 of the Regulations shall be recognized according to:
1. the social and economic circumstances of the place where the representative office is proposed to be established;
2. the need for legal services in the place where the proposed representative office is to be established;
3. the scale, time of establishment, major business areas and specialist strengths, analysis on the prospect and future business development plan of the proposed representative offices; and
4. the restrictions by the laws and regulations of China on specific legal services or affairs.
Article 5 The "application letter signed by the person in charge of the foreign law firm to set up the representative office and to dispatch representatives" as provided in Item 1 of Article 8 of the Regulations shall include:
1. the name of the representative office in Chinese and foreign language and the city where the representative office is proposed to be set up;
2. the particulars of the applicant, including time of commencement of business, number of lawyers and partners, practising areas, major achievements, circumstances of its branch(es) or representative office(s) in any other country(ies) or region(s), its business related to China, address and contacts of its headquarters;
3. the organizational form and type of legal liability borne by the applicant;
4. the amount and coverage of practising risk insurance policies purchased by the applicant;
5. a business prospects feasibility study and development plan of the proposed representative office and the major business scope of the proposed representative office;
6. an undertaking to assume full civil liability as a result of the legal services to be provided by the proposed representative office or any proposed representative in China;
7. an undertaking to truthfulness, completeness and accuracy of the information and materials that it has provided and the consistency between the original versions and the Chinese translations;
8. an undertaking to comply with the relevant laws, regulations and rules of China upon obtaining the approval; and
9. an undertaking to maintain compliant insurance policies covering the practising risks of the representative office and its representatives upon obtaining the approval.
Article 6 Where an applicant has real difficulty in providing the "partnership agreement or Articles of Association of the foreign law firm", as provided in Item (3) of Paragraph One of Article 8 of the Regulations, it may provide a document signed by its principal person(s) in charge containing such details as the time of execution, promoters, form of organization and type of legal liability as provided in its partnership agreement, shareholders' agreement or articles of association as an alternative.
Article 7 The materials to be submitted as required by Paragraph Three of Article 8 of the Regulations shall be submitted together with the Chinese translations in triplicate of originals and duplicates.
Article 8 The Chinese name of a foreign law firm that proposes to establish a representative office in China shall neither contain any words prohibited or limited by the laws, regulations or rules of China, nor contain any words misleading to the public.
Article 9 To establish a representative office in China, a foreign law firm shall nominate a proposed chief representative and other proposed representatives.
Article 10 To apply to establish an additional representative office in China, the following requirements shall be satisfied:
1.
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