NEWS

Practising Certificates 2010/2011

The practice year 2010/2011 commences on 1 April 2010 up till 31 March 2011. As decided at the Extraordinary General Meeting held on 8 January 2009, there will be an increase of $200 in the annual subscription for the practice year 2010/2011. There is no change to the contribution to the Compensation Fund which remains at $100.

The annual subscription will be as follows:

Below are some guidelines to assist you in applying for your practising certificate.

Disqualification for Practising Certificates

Section 26 (1) Legal Profession Act sets out the situations when a solicitor is disqualified from applying for a practising certificate and these include the following:
1. If he is an undischarged bankrupt;

2. If he has entered into a composition with his creditors or a deed of arrangement for the benefit of his creditors;

3. If he has one or more outstanding judgments against him amounting in the aggregate to $100,000 or more which he has been unable to satisfy within six months from the date of the earliest judgment.

In e-filing an application for a practising certificate, you will have to declare if you are disqualified by s 26(1) Legal Profession Act from applying for a practising certificate.

Application for a Practising Certificate

An application for a practising certificate for the practice year 2010/2011 may be made from Monday, 1 March 2010.

The Law Society has to give prior approval before a solicitor may proceed to e-file his application for a practising certificate via the Supreme Court’s PC E-Filing System. To apply for the Law Society’s prior approval, please submit to the Society the Application for Approval to E-File Practising Certificate form for solicitors practising in Singapore law practices, or the Application for Approval to E-File Practising Certificate (Section 130 N Legal Profession Act) form for solicitors registered under s 130N Legal Profession Act. The application forms can be downloaded from the Society’s website at www.lawsociety.org.sg under “Running Your Practice – Forms.”

Payment of the annual subscription and contribution to the Compensation Fund can be by way of cheque or GIRO. If you intend to pay by GIRO, please ensure that your law practice has a GIRO account with the Law Society. The GIRO application form is available on the Law Society’s website under “Running Your Practice – Forms – Making Payments to the Society” and the approval process takes approximately four weeks. Although a practising certificate issued in April is deemed to be in force from 1 April, it is advisable to submit your application for approval to e-file to the Law Society before the end of March 2010. The approval process for an application for approval to e-file will take approximately seven working days. It may be extended due to the specific circumstances of the application or the volume of applications received at that time. If for any reason you cannot submit the application for approval to e-file to the Law Society before the end of March 2010, please submit the same to the Society by no later than 15 April 2010.

There may be serious consequences if you had practised from 1 April and your practising certificate is not issued in April. Practising without a practising certificate is an offence and disciplinary proceedings may also be taken against the solicitor concerned. A solicitor without a practising certificate is also prohibited from operating any bank account of a law practice and if he is a commissioner for oaths or a notary public,he cannot do any act as a commissioner or notary.

Professional Indemnity Insurance

The Law Society cannot approve your application for approval to e-file unless the professional indemnity insurance cover is in place. You must maintain in force such insurance at all times during the period you have in force a practising certificate. If you are practising in a law corporation or a limited liability law partnership, the law corporation or limited liability law partnership must also take out the necessary insurance cover and maintain it in force during the period in which it carries on its business of providing legal services.

Accountant’s Reports

A sole proprietor or partner (of a law firm or limited liability law partnership) or director (of a law corporation) is required to submit an accountant’s report. This requirement applies to a solicitor held out tothe public as a partner or director and would include a salaried partner, associate partner, associate director or senior associate director. A solicitor (not a sole proprietor, partner or director) who held or received client money will be required to submit an accountant’s report. The accountant’s report must be in the form set out in the First Schedule to the Legal Profession (Accountant’s Report) Rules.

A sole proprietor, partner or director may apply to the Law Society for an exemption from having to produce an accountant’s report if the law practice did not hold or receive any client money. The application for exemption is by way of a statutory declaration submitted to the Director, Compliance.

Designation of Solicitor

When applying for approval to e-file, you will have to state your designation in the law practice. In doing so, please note the requirements of s 75C Legal Profession Act.

A solicitor who intends to practise as sole proprietor, partner or director of a Singapore law practice must first complete the Society’s Legal Practice Management Course (“LPMC”). In addition to completing the LPMC, a solicitor admitted on/after 1 March 1997 must also fulfill the prerequisite three-year period of employment
in a Singapore law practice or as a legal officer as set out in s 75C(1)(b) and s 75C(1)(c) Legal Profession Act. These requirements do not apply to a solicitor who was already a proprietor, partner or director of a Singapore law practice before 9 March 2007.

Kenneth Goh
Director, Compliance Department
The Law Society of Singapore