/24-7PressRelease/ - CHINA, July 06, 2008 - Overseas Law Firms planning to setup office in Singapore currently have two options i.e.,
1. Foreign Law Firm - Representative Office (RO)
2. Foreign Law Firm (FLF)
Primarily they both are same in visibility and application method, but functionally they are completely different.
The RO is similar to Marketing/ Promotion Office or a Liaison Office with a liaison officer. The liaison officer need not even be a lawyer; he can be any administrative representative of the Foreign Law Firm. There are no minimal requirements on investments for an RO setup. But, there are prohibitions imposed on the RO License.
For example, an RO cannot carry out any business activity within Singapore. The RO is not allowed to raise invoices, give legal advice, conclude contracts, provide consultancy services nor open or negotiate letters of credit for clients. The RO is simply a liaison/ marketing office, which is usually opened as a precursor to setting-up a full FLF. The RO license is issued for 12 months from the date of issue by the Attorney General's Chambers (AGC) and has to be renewed annually. The RO lawyer/ liaison officer is permitted to give talks and present at conferences/seminars without any prior approval from the AGC, which they would otherwise need for pres enting in Singapore.
The FLF is like setting up a local branch office of the foreign law firm. Once the license is issued to the FLF to establish in Singapore it is valid indefinitely, i.e. until the law firm decided to cease operations in Singapore, in which case they have to notify the AGC of the cessation of operation only. The FLF can be registered as a Singapore Incorporated Company under the Companies Act or as a Limited Liability Partnership (LLP) in Singapore.
The FLF license allows the transfer of lawyers from the home country to work in Singapore with employment passes issued from the Ministry of Manpower in Singapore. There is no limit to the number of staff who can transfer to Singapore to practice. However, all the practicing lawyers also have to get their Foreign Lawyer license from the AGC. Additionally, the FLF can decide to hire local lawyers with practicing certificate as its lawyers by notifying the AGC of the hire and their practice certification details.
For more information please contact Matthew Katuri (matthewk@zetland.biz )
The main prohibition of the FLF is they cannot employ a local lawyer for practicing local Singapore law or hold shares of any kind in a Singapore law firm. The FLF is only permitted to practice foreign law. But, this rule is currently being relaxed and FLF's may in the future be eligible to apply for a license to practice local Singapore law. This local practice certification is not going to be automatic to all FLF's but they are eligible to apply. Applications will be at the discretion of the Government of Singapore's , Ministry of Law.
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