Notice of the Ministry of Justice on Issuing the "Regulations on the Filing Management of Overseas Branches of Law Firms

Judicial departments of all provinces, autonomous regions and municipalities directly under the Central Government, Judicial Bureau of Xinjiang Production and Construction Corps:

The "Regulations on the Filing Management of Overseas Branches of Law Firms" is hereby issued to you. Please follow and implement it.

Ministry of Justice

June 28, 2019

Regulations on the Filing Management of Overseas Branches of Law Firms

This regulation is formulated in accordance with the relevant provisions of the "Opinions on the Development of Foreign-related Legal Services Industry" issued by the Ministry of Justice, the Ministry of Foreign Affairs, the Ministry of Commerce and the Legislative Affairs Office of The State Council to standardize the filing work of overseas branches of law firms.

Article 2 The term "overseas branch of a law firm" as used in these regulations refers to a branch established by a law firm of China through overseas investment, approved or registered by the government departments or relevant organizations of the relevant countries and regions abroad, with its personnel, business and finance actually controlled by the law firm, and which conducts substantive legal service business abroad.

Article 3 Where a law firm sets up a branch abroad, within 30 days after being granted permission to practice in accordance with the regulations of the country or region where it is stationed, it shall submit a copy of the approval (registration) document issued by the lawyer regulatory authority of that country (region). The name, address, type of institution, establishment method, person in charge, dispatched lawyers and administrative personnel, local lawyers and employees hired, business scope, and contact information of the branch shall be filed with the judicial administrative organ of the province, autonomous region or municipality directly under the Central Government where it is located.

Article 4 Where a law firm changes the form, name, person in charge and other dispatched lawyers of its overseas branch, it shall, within 30 days after completing the change procedures in the country or region where it is stationed, file the relevant change materials with the judicial administrative organ of the province, autonomous region or municipality directly under the Central Government where it is located for the record.

Article 5 Where a law firm decides to cease the establishment of its overseas branch, it shall, within 30 days after completing the cancellation procedures in the country or region where it is located, file the relevant materials with the judicial administrative organ of the province, autonomous region or municipality directly under the Central Government where it is located for the record.

Article 6 The judicial administrative organs of provinces, autonomous regions and municipalities directly under the Central Government shall report the filing situation to the Ministry of Justice on a quarterly basis.

Article 7 The Ministry of Justice shall, based on the filing situations submitted by the judicial administrative organs of provinces, autonomous regions and municipalities directly under the Central Government, form a list of overseas branches for filing and regularly notify the Ministry of Commerce, the State Administration of Foreign Exchange and relevant embassies and consulates abroad. Law firms that have been filed may, in accordance with the regulations, handle foreign exchange registration and purchase and payment procedures with the foreign exchange administrative department.

Article 8 Law firms shall strengthen the supervision and management of personnel, business, finance and other aspects of their overseas branches, conduct regular inspections of overseas branches, solve problems in a timely manner upon discovery, and ensure that overseas branches practice in accordance with the law in their local areas.

Article 9 Law firms shall report the work situation of their overseas branches to the judicial administrative organs of the provinces, autonomous regions and municipalities directly under the Central Government on an annual basis. The judicial administrative organs of provinces, autonomous regions and municipalities directly under the Central Government shall submit to the Ministry of Justice the work situation of the overseas branches of law firms in their respective provinces before December 31 each year.

Article 10 Where an overseas branch of a law firm violates the laws of China, harms China's national security and public interests, or violates professional ethics and practice discipline, the judicial administrative organ of the province, autonomous region or municipality directly under the Central Government shall, depending on the circumstances, order the law firm to which it belongs to to rectify it or revoke it.

Article 11 Where a lawyer holding a Chinese lawyer's practice certificate in an overseas branch of a law firm violates Chinese laws, regulations and rules, he or she shall be punished in accordance with the law. If a law firm fails to manage the lawyers of its overseas branches properly and causes significant impact, it shall be punished in accordance with the law.

Article 12 Law firms that have established branches abroad before the implementation of these regulations shall complete the filing procedures within three months from the date of implementation of these regulations.

Article 13 These regulations shall come into effect as of the date of promulgation. The "Notice of the Ministry of Justice on Strengthening the Management of Overseas Branches of Law Firms" (Si Fa Tong [1996] No. 057) issued on April 17, 1996, is simultaneously abolished.