| Article 1 | These regulations are formulated in accordance with the proviso in the provisions of Paragraph 2 of Article 132 of the Attorney Regulation Act (hereinafter referred to as this Act). |
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| Article 2 | Foreign attorneys may apply to the Ministry of Justice, pursuant to these regulations, for permission to employ ROC attorneys, or to form a partnership with ROC attorneys, in order to operate a foreign law firm. |
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| Article 3 | When a foreign attorney applies for permission to employ an ROC attorney, following documents should be submitted:
1.Two copies of the Application Form;
2.Two copies of the Identification documentation for the foreign attorney and ROC attorney, attorney license and Bar Association Membership certificate.
3.Two copies of the Employment contract.
The following items should be stated in an employment contract, as mentioned in the third subparagraph of the preceding paragraph:
1.Name of the foreign attorney, the Ministry of Justice Permit Number, nationality, number of identification documentation, domestic and overseas domicile and residence addresses, and name of the law firm and address.
2.Name of the ROC attorney intended to be employed, attorney license number and domicile or residence address.
3.Job description of the ROC attorney intended to be employed;
4.Salary;
5.Employment duration and the start and ending dates of the employment contract.
The employment contract as mentioned in subparagraph 3 of the first paragraph shall be written in Chinese or English; if English is used, a copy of a Chinese translation should be included. |
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| Article 4 | When foreign attorneys apply for permission to form a partnership with ROC attorneys, the application should be submitted in the name of natural persons of all partners of foreign attorneys and ROC attorneys, along with the following documents:
1.Application Form in duplicate;
2.Identification documentation for the foreign attorney and ROC attorney, attorney license and Bar Association Membership certificate, all in duplicate.
3.Partnership contract in duplicate.
The following information should be specified in the partnership contract, as mentioned in subparagraph 3 of the preceding paragraph:
1.Name and address of the partnership office;
2.Names of the foreign attorneys, the Ministry of Justice Permit Number, nationality, number of identification documentation, domestic and overseas domicile and residence addresses;
3.Name of the ROC attorney, attorney license number and domicile or residence address;
4.Job description of each partner.
The partnership contract as mentioned in subparagraph 3 of the first paragraph shall be written in Chinese or English; if English is used, a copy of a Chinese translation should be included. |
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| Article 5 | If any one of the following conditions exists in the applications as described in the preceding two articles, the permission will not be granted:
1.The application does not comply with the proviso in the provisions of Paragraph 1 of Article 123 of this Act;
2.Required documents, pursuant to the provisions of preceding two articles, were not submitted with the permit application, the submitted documents lack details or compliance with regulations, and where required corrective action was not made within the prescribed deadline after receiving notification of such requirements, or where the correction made was incomplete pursuant to specified corrective items;
3.There are sufficient facts to support the likelihood of violating the provisions of Article 11 of these regulations;
4.The attorney who applies for a partnership or employment violates the provisions of Article 121 of this Act, and the circumstances are serious in nature;
The Ministry of Justice shall make an approval/rejection decision within 60 days from the next day following the receipt of the application as described in the preceding two Articles. However, this provision does not apply to an application, where submitted documents lack details or compliance with regulations, to which a notification of corrective action within a prescribed deadline is sent. |
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| Article 6 | Prior to granting permission for foreign attorneys to employ or form partnerships with ROC attorneys, the Ministry of Justice shall consult with the local Bar Association where the foreign law firm is located, and the National Bar Association for their opinions.
After consulting with local and National bar association for their opinions pursuant to the provisions of preceding paragraph, the Ministry of Justice shall notify the said bar associations of the approval/rejection status of the said application. |
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| Article 7 | After obtaining permission to form a partnership with ROC attorneys, if any of the partners in the foreign law firm is changed, and the partnership with ROC attorneys continues, the foreign attorneys must submit a proof of agreement signed by all partners, and apply for permission to change. However, if all partners of either contingency, the foreign attorneys or ROC attorneys, change at the same time, the resulting law firm shall re-apply for permission. |
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| Article 8 | Where foreign attorneys employ or partner with ROC attorneys, each foreign attorney's practice permit, as well as each ROC attorney's Attorney License, shall be displayed in clearly visible spaces in the law firm. |
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| Article 9 | When a foreign attorney, or an ROC attorney, of an approved foreign law firm hires an ROC attorney, an application for permission of such a hiring is still required, pursuant to the provisions of these regulations |
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| Article 10 | Foreign attorneys, who have been granted permission to employ or partner with ROC attorneys, must immediately submit a report to the Ministry of Justice when the employment or partnership is terminated. The local Bar Association and National Bar Association shall also be notified of such a termination. |
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| Article 11 | Foreign attorneys, who have been granted permission to employ or partner with ROC attorneys, may not use such employment or partnership as a guise to conduct legal affairs other than as prescribed in provisions of Article 120 of this Act. |
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| Article 12 | Foreign attorneys, who have been granted permission to employ or partner with ROC attorneys, shall abide by the laws of the Republic of China, the Attorneys' Code of Ethics of ROC lawyers, and the charter of the Bar Association. |
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| Article 13 | Foreign attorneys, who have been granted permission to employ or partner with ROC attorneys, shall abide by the laws of the Republic of China, the Attorneys' Code of Ethics of ROC lawyers, and the charter of the Bar Association. |
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| Article 14 | These Regulations shall come into force on the date of their promulgation. |
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