Measures of the Beijing Municipality for the Administration of Law Firms

 2018-06-07  25


Notice of the Beijing Municipal Bureau of Justice on Issuing the Detailed Implementation Rules for the Measures of the Beijing Municipality for the Administration of Law Firms


· Document Number:No. 82 [2017] of the Beijing Municipal Bureau of Justice

· Area of Law: Lawyers

· Level of Authority: Local Regulatory Documents

· Date issued:12-01-2017

· Effective Date:01-01-2018

· Status: Effective

· Issuing Authority: Beijing Municipal Bureau of Justice

 

Notice of the Beijing Municipal Bureau of Justice on Issuing the Detailed Implementation Rules for the Measures of the Beijing Municipality for the Administration of Law Firms
(No. 82 [2017] of the Beijing Municipal Bureau of Justice)
The bureaus of justice of all districts; all departments and offices of the Beijing Municipal Bureau of Justice; and the Beijing Lawyers Association:
The Detailed Implementation Rules for the Measures of the Beijing Municipality for the Administration of Law Firms, as deliberated and adopted at the 21st director's executive meeting in 2017, are hereby issued for your diligent study, compliance and implementation.
Beijing Municipal Bureau of Justice
December 1, 2017
Detailed Implementation Rules for the Measures of the Beijing Municipality for the Administration of Law Firms
Chapter I General Provisions
Article 1 [Basis] For the purpose of regulating the practicing activities of law firms in this municipality and strengthening the supervision and administration of law firms, these Detailed Implementation Rules are hereby developed according to the Lawyers Law of the People's Republic of China (hereinafter referred to as the “Lawyers Law”), the Measures of the Ministry of Justice for the Administration of Law Firms and other relevant laws and regulations and in consideration of the specific situation of law firms' practice of law in this municipality.
Article 2 [Scope] The formation, modification, termination, supervision and administration of law firms within the administrative jurisdiction of this municipality shall be governed by these Detailed Implementation Rules.
Article 3 [Nature] A law firm is lawyers' firm of practice. A law firm shall be formed in accordance with the law and obtain a practicing license.
No organization or individual may illegally interfere with the business activities of any law firm or infringe upon the lawful rights and interests of any law firm.
Article 4 [Party Building] A law firm shall take upholding the leadership of the Communist Party of China and the socialist rule of law as the basic requirements for its practice.
An organization of the Communist Party of China formed in a law firm shall carry out activities in accordance with the Constitution of the Communist Party of China and fully maximize the political core role of the Party organization of the law firm and the exemplary and vanguard role of lawyers who are Party members.
Judicial administrative authorities and lawyers associations shall, in consideration of the supervision and administration functions, strengthen the guidance of Party building in the lawyering industry, and improve and implement the work system under which judicial offices contact the law firms.
Article 5 [Functions] The municipal and district bureaus of justice shall supervise and direct law firms according to the law.
The lawyers associations shall, in accordance with the law, their bylaws and industry standards, conduct industrial self-regulation of law firms' practice of law.
Article 6 [Commendation] Judicial administrative authorities and lawyers associations shall establish and improve rules for the commendation and reward of law firms, establish comprehensive and single commendation projects according to relevant provisions, and offer commendation and rewards to law firms that have made prominent contributions to protecting the people's lawful rights and interests, and promoting economic and social development and legal construction of the state.
Chapter II Conditions for the Formation of Law Firms
Article 7 [Organizational Form] A law firm may be formed by lawyers as a partnership or by an individual lawyer.
A partnership law firm may be formed in the form of ordinary partnership or special ordinary partnership.
Article 8 [Conditions for An Ordinary Partnership] An ordinary partnership law firm to be formed shall meet the following conditions:
(1) It has its own name and domicile.
(2) It has written partnership agreement and bylaws.
(3) It has three or more partners as promoters.
(4) The promoters shall be lawyers with practicing experience of more than three years and be able to work as full-time lawyers and shall have no record of punishment of suspension of practice during the three years prior to the application for formation.
(5) It has assets of 1 million yuan or more.
Article 9 [Conditions for A Special Ordinary Partnership] A special ordinary partnership law firm to be formed shall meet the following conditions:
(1) It has its own name and domicile.
(2) It has written partnership agreement and bylaws.
(3) It has 20 or more partners as promoters.
(4) The promoters shall be lawyers with practicing experience of more than three years and be able to work as full-time lawyers and shall have no record of punishment of suspension of practice during the three years prior to the application for formation.
(5) It has assets of 20 million yuan or more.
Article 10 [Conditions for An Individual Law Firm] A law firm to be formed by an individual shall meet the following conditions:
(1) It has its own name and domicile.
(2) It has written bylaws for law firm.
(3) The promoters shall be lawyers with practicing experience of more than five years and be able to work as full-time lawyers and shall have no record of punishment of suspension of practice during the three years prior to the application for formation.
(4) It has assets of 500,000 yuan or more.
Article 11 [Pre-approval of A Name] Before applying for a permit for formation of a law firm, the formalities for the pre-approval of a name of the law firm shall be undergone according to the provisions.
Article 12 [Name Composition] A name of a law firm shall consist of three parts including “Beijing + identifier + law firm” in proper order. An identifier shall comply with the relevant provisions of the Ministry of Justice on the administration of the names of law firms.
Article 13 [Application] To apply for pre-approval of a name of a law firm, the promoter or a representative designated by the promoter shall file an application for pre-approval of a name of a law firm in the lawyer management system of the Beijing Municipal Bureau of Justice, and offer five to ten alternative names intended to be used in a sequential order.
Article 14 [Examination] The Beijing Municipal Bureau of Justice shall conduct examination within ten days of the receipt of an application for pre-approval of a name, and submit the alternative names in compliance with the provisions to the Ministry of Justice for retrieve of names. Where all the alternative names do not comply with the provisions, the applicant shall be notified of re-selecting names and explain the reasons.
Article 15 [Notification] The Beijing Municipal Bureau of Justice shall, within seven days of the receipt of the retrieve results of the Ministry of Justice, issue a Notice on Pre-approval of A Name of A Law Firm to the applicant according to the retrieve results.
Article 16 (Validity Period) An approved name of a law firm shall be valid for six months of the date when the Beijing Municipal Bureau of Justice issues the Notice on Pre-approval of A Name of A Law Firm. Where a promoter fails to file an application for the formation of a law firm within the validity period, the name of law firm pre-approved shall be invalidated.
Where, within the validity period, a law firm is formed without approval of the judicial administrative authority, the name of a law firm pre-approved shall not be used.
Within the validity period, the promoter of the law firm shall not re-file any application for pre-approval of a name of a law firm.
Article 17 [Person in Charge] The candidate for the person in charge of a law firm shall, together with the application for approval of formation, be reported to the approval authority for confirmation.
The person in charge of a partnership law firm shall be elected from the partners and elected by all partners of the law firm.
The promoter of an individual law firm shall be the person in charge of the law firm.
Article 18 [Bylaws] The bylaws of a law firm shall cover:
(1) the name and domicile of the law firm;
(2) the tenet of the law firm;
(3) the organizational form of the law firm;
(4) the amount and resource of assets for formation;
(5) the functions of and procedures for the appointment of and change of the person in charge of the law firm;
(6) the setup and functions of the decision-making and management institutions of the law firm;
(7) the rights and obligations of lawyers of the law firm;
(8) the major management rules of the law firm on practice, fees, financial affairs, and distribution, etc.;
(9) the cause, procedures, and liquidation measures for the dissolution of the law firm;
(10) the procedures for the interpretation of and amendments to the bylaws of the law firm; and
(11) other matters that shall be specified.
Where a partnership law firm is formed, its bylaws shall also specify the name of the partners as well as the amount and manner of capital contribution of the partners.
The bylaws of the law firm shall not contravene any of the relevant laws, regulations or rules.
The bylaws of the law firm shall come into force on the date when the Beijing Municipal Bureau of Justice makes the decision to approve the formation of the law firm.
Article 19 [Agreement] A partnership agreement shall specify the following contents:
(1) The partners' names, domiciles, identification card numbers and practicing experience as a lawyer, among others.
(2) The amount and method of the capital contribution of each partner.
(3) The rights and obligations of the partners.
(4) The functions of and procedures for the appointment of and modification to the person in charge of the law firm.
(5) The functions and rules of procedures of the meetings of partners.
(6) The distribution of profits and assumption of debts of partners.
(7) The conditions and procedures for becoming a partner, termination and removal of a partner.
(8) The methods and procedures for settlement of disputes between partners, and liabilities of partners for breaching the partnership agreement.
(9) The procedures for the interpretation of and amendments to the partnership agreement.
(10) Other matters that shall be specified.
The contents of the partnership agreement of the law firm shall not contravene any relevant law, regulation or rule.
The partnership agreement shall, upon the consensus and signatures of all partners reached through negotiation, come into force on the date when the Beijing Municipal Bureau of Justice approves the formation of the law firm.
Article 20 [Domicile] The domicile of a law firm shall meet the routine work needs. Where a residence is used as the domicile of a law firm, besides complying with the laws, regulations and the management covenant, the law firm shall obtain the consent of the interested property owner.
Other property owners in the building where the residence is located shall be determined as interested property owners.
Chapter III Procedures for the Approval of Formation of Law Firms
Article 21 [Functions] For the formation of a law firm, the bureau of justice of the district where the law firm intended to be formed is located shall accept the application and conduct preliminary review, report to the Beijing Municipal Bureau of Justice for verification, and make a decision of approving or disapproving the formation.
Article 22 [Application Materials of A Partnership Law Firm] To apply for forming a partnership law firm, the applicant shall submit the following materials:
(1) A written application for formation.
(2) The Notice on Pre-approval of A Name of A Law Firm.
(3) The partnership agreement.
(4) The bylaws of the law firm.
(5) The photocopy of the lawyer's practicing certificate of the promoter.
(6) A certificate of the domicile.
(7) A certificate of assets.
(8) The candidate for the person in charge of the law firm.
Article 23 [Application Materials of Individual Law Firm] To apply for the formation of an individual law firm, an applicant shall submit the following materials:
(1) A written application for formation.
(2) The Notice on Pre-approval of A Name of A Law Firm.
(3) The bylaws of the law firm.
(4) The photocopy of the lawyer's practicing certificate of the promoter.
(5) A certificate of the domicile.
(6) A certificate of assets.
Article 24 [Acceptance Examination] Where an applicant applies for the formation of a law firm, the bureau of justice of the district shall handle it according to the following circumstances respectively:
(1) Where the application materials are complete and made in the statutory form, the application shall be accepted.
(2) Where the application materials are incomplete or not made in the statutory form, the bureau of justice of the district shall, on the spot or within 5 days of the receipt of the application materials, notify the applicant of all necessary supplements and corrections at one time. Where the applicant does not make supplements and corrections as required, the application shall be accepted; and where the applicant is not notified within the prescribed time limit, the application shall be deemed to have been accepted from the date of receipt of the application materials.
(3) Where the application matters obviously do not meet the statutory conditions or the applicant refuses to make supplements or corrections or fails to supplement or correct the relevant materials, the application shall not be accepted, and a written explanation shall be given to the applicant.
Article 25 [Provisions on Examination] The bureau of justice of the district accepting an application shall, within 20 days of the date of acceptance, complete the examination of the application materials, and accurately verify the applicant's information and the authenticity of the application materials. It shall, according to the specific application materials, hold an interview with the applicant, develop a transcript of the interview, and conduct on-site examination of the office premise.
It shall, upon examination, issue examination opinions on whether the application for the formation of a law firm meets the statutory conditions and whether application materials are true and complete, and shall submit the examination opinion and all application materials to the Beijing Municipal Bureau of Justice.
Article 26 [Decision of Examination] The Beijing Municipal Bureau of Justice shall, within ten days of the receipt of the examination opinions submitted by the bureau of justice of the district and all application materials, conduct examination and make a decision on approving or disapproving the formation of the law firm.
Where it approves the formation, it shall, within ten days as of the date of decision, issue to the applicant a law firm practicing license.
Where it disapproves the formation, it shall explain the reason for disapproval in writing to the applicant.
Article 27 [Law Firm's Practicing License] A law firm's practicing license shall consist of an original and a photocopy. The original and duplicate shall have equal legal force. The use and management of the practicing license of a law firm shall be governed by the Measures of the Ministry of Justice for the Administration of the Practicing Licenses of Lawyers and Law Firms.
Where the practicing license of a law firm is damaged or lost, the law firm shall apply to the bureau of justice of the district in the place where it is located for replacement or re-issuance, and submit the following materials:
(1) An application for replacement or re-issuance.
(2) A loss statement (excluding replacement) published on a newspaper or periodical publicly released within the scope of the Beijing Municipality or at a website designated by the Beijing Municipal Bureau of Justice.
(3) An original and photocopy of its practicing license (unless the license is lost).
Article 28 [Opening Registration] An applicant for the formation of a law firm shall, within 60 days of the receipt of a practicing license, and according to relevant provisions, modify the firm of practice, prepare the corporate seal, open a bank account, undergo tax registration, finish all preparations for starting the business operation of the law firm, and submit the molds of the official seal and financial seal as well as the opened bank account of the law firm to the bureau of justice of the district where it is located for recordation.
Article 29 [Canceling License] The Beijing Municipal Bureau of Justice shall, under one of the following circumstances, revoke the former decision of approval for formation, and take back and cancel the law firm's practicing license:
(1) The applicant obtains the approval of formation by deception, bribery or any other inappropriate means.
(2) The approval of formation was granted to an application failing to meet the statutory conditions, or the approval was made against statutory procedures.
Chapter IV Modification to and Termination of Law Firms
Article 30 [Modification] To modify the name, person in charge, bylaws and partnership agreement, a law firm shall report to the Beijing Municipal Bureau of Justice for approval after examination by the bureau of justice of the district where it is located. The specific procedures shall be governed by Articles 25 and 26 of these Detailed Implementation Rules.
Where a law firm modifies the domicile and partner, the bureau of justice of the district where the law firm is located shall, within fifteen days of the date of modification, report to the Beijing Municipal Bureau of Justice for recordation.
Article 31 [Modification of Name] To modify the name, a law firm shall undergo the formalities of pre-approval of the name according to Articles 13, 14 and 15 of these Detailed Implementation Rules.
After the pre-approval of the name is passed, the law firm shall submit the following materials to the bureau of justice of the district where it is located:
(1) An Application for Modification of Name.
(2) The Notice on Pre-approval of A Name of A Law Firm.
A law firm may, according to the needs of business, translate its name into foreign language. A foreign name of a law firm shall, within 15 days of the date when it is decided to be used, be submitted by the bureau of justice of the district where the law firm is located to the Beijing Municipal Bureau of Justice for recordation. Where a name in foreign language violates the rules for translation, the Beijing Municipal Bureau of Justice shall order the law firm to make correction.
Article 32 [Prohibitive Regulations] A law firm falling under one of the following circumstances shall not apply for modification of its name:
(1) It has been given the punishment of suspension of business for rectification, and the term has not expired.
(2) The cause of termination occurs.
(3) It is less than one year after the law firm obtains the permit for formation, except under the circumstances of modification of the organizational form, division and merger.
Article 33 [Name Protection] Where a law firm is approved to modify its name, or it is canceled due to termination, its name used before modification or cancellation shall not be approved by the Beijing Municipal Bureau of Justice to be used by any other law firm within three years of the date of approval for modification or cancellation.
Article 34 [Modification of Person in Charge] To modify the person in charge, a partnership law firm shall submit the following materials to the bureau of justice of the district where the law firm is located:
(1) An Application for Modification of the Person in Charge.
(2) A resolution of the partners' meeting of the law firm on the modification of the person in charge.
(3) A photocopy of the lawyer's practicing certificate of the appointed person in charge of the law firm.
Article 35 [Modification of Bylaws] To modify the bylaws, a law firm shall submit the following materials to the bureau of justice of the district where the law firm is located:
(1) An Application for the Modification of Bylaws.
(2) A resolution of the partners' meeting of the law firm on the modification of the bylaws.
(3) The newly revised bylaw of the law firm.
To modify the bylaws, an individual law firm shall submit the materials as prescribed in items (1) and (3) of the preceding paragraph.
Article 36 [Modification of Agreement] To modify a partnership agreement, a law firm shall submit the following materials to the bureau of justice of the district where the law firm is located:
(1) An Application for Modification of the Partnership Agreement.
(2) A resolution of the partners' meeting of the law firm on the modification of the partnership agreement.
(3) The newly revised partnership agreement of the law firm.
Article 37 [Modification of Domicile] To modify the domicile, a law firm shall submit the following materials to the bureau of justice of the district where the law firm is to move out:
(1) An Application for the Modification of Domicile.
(2) A photocopy of the agreement on the use of the new domicile.
Where the domicile of a law firm is modified to residence, the certification materials on the consent of the interested property owners shall be provided.
Where a law firm modifies its domicile in a different region, the Beijing Municipal Bureau of Justice shall, after undergoing the formalities of recordation, notify the bureau of justice of the district at the place where the law firm moves into of the relevant modification. The bureau of justice of the district at the place where the law firm moves into shall, within fifteen days of the receipt of the notice, conduct on-site examination of the modified domicile, hold an interview with the person in charge of the law firm, and report the examination and interview to the Beijing Municipal Bureau of Justice.
A law firm planning to relocate to another province, autonomous region or municipality directly under the Central Government shall undergo the formalities according to the procedures for the deregistration of the former law firm and formation of a new law firm.
Article 38 [Modification of Partners] The modification of partners of a law firm includes absorption of new partners, termination of partners, and removal of partners for statutory causes or upon resolution of the partners' meeting.
A new partner shall come from the full-time practicing lawyers of the law firm and have three or more years of practicing experience, unless as otherwise prescribed by the Ministry of Justice. For a lawyer who has been given a punishment of suspension of practice for six months or more, if three years have not lapsed as of the date of expiration of the punishment period, he or she shall not serve as a partner.
Where a partner is terminated or removed, the law firm shall, in accordance with relevant laws, its bylaws and the partnership agreement, handle such matters relating to relevant property rights and interests, and assumption of debts.
Where it needs to amend the partnership agreement due to the modification of partners, the amended partnership agreement shall be subject to the relevant formalities according to Article 36 of these Detailed Implementation Rules.
Article 39 [Application Materials] To absorb a new partner, a law firm shall submit the following materials to the bureau of justice of the district where the law firm is located:
(1) An Application for Becoming A Partner.
(2) The recordation opinions of the law firm.
(3) The photocopy of the lawyer's practicing certificate of the promoter absorbed to be a partner.
For termination, a partner of a law firm shall submit the following materials to the bureau of justice of the district where the law firm is located:
(1) An Application for Termination.
(2) The recordation opinions of the law firm.
Where a partner is removed, a law firm shall submit the decision of removal to the bureau of justice of the district where the law firm is located.
Article 40 [Recordation Procedures] The bureau of justice of the district shall verify the application materials within 10 days of the receipt of the application materials for modifying the domicile and partners of a law firm, and report the verification situation and all application materials to the Beijing Municipal Bureau of Justice. The Beijing Municipal Bureau of Justice shall, within 10 days of the receipt of the application materials submitted by the bureau of justice of the district, conduct examination.
Article 41 [Modification of Organizational Form] To modify the organizational form, a law firm shall submit the following materials to the bureau of justice of the district where the law firm is located:
(1) An Application for Modification of the Organization Form.
(2) A resolution of the partners' meeting of the law firm on the modification of the organizational form.
(3) The modified bylaws and partnership agreement of the law firm (modified bylaws of the law firm, where an application is filed for modifying into an individual law firm).
(4) The voucher of the registered assets issued by the opening bank.
(5) The photocopy of the modified partner's practicing certificate.
The specific procedures for modifying the organizational form by a law firm shall be governed by Articles 25 and 26 of these Detailed Implementation Rules.
Article 42 [Modification of the Practicing License] A law firm that modifies its name, person in charge, domicile, partner, organizational form, competent authority and other matters shall, within 10 days of the date when the Beijing Municipal Bureau of Justice makes a decision on approval of modification or the date when it undergoes the formalities of recordation, undergo the formalities of registration for the matters of modifying the practicing license or replacement of a practicing license.
Article 43 [Division and Merger] Where, due to division or merger, a law firm needs to modify the registration of or deregister the former law firm or form a new law firm, after it has effectively conducted the business transition, arranged its personnel, disposed of its assets, and assumed debts in accordance with the law, it shall undergo the formalities according to the relevant provisions of these Detailed Implementation Rules on the formation, modification and termination of the relevant law firm.
Article 44 [Termination] A law firm falling under one of the following circumstances shall be terminated:
(1) It cannot maintain the statutory conditions for formation and fails to meet relevant conditions after making rectifications within a prescribed time limit of one to three months.
(2) Its practicing license is revoked in accordance with the law.
(3) It decides to dissolve on its own initiative.
(4) Any other circumstance under which it shall be terminated in accordance with any law or administrative regulation.
Where, after obtaining the approval for formation, a law firm fails to start business operation within six months or suspends business operation for a full year without any justifiable reason, it shall be deemed to have terminated business operation automatically and thus shall be terminated.
Prior to the expiry of the time limit for the penalty of suspension of business operation for rectification, a law firm shall not decide to dissolve on its own initiative; and before undergoing the formalities of canceling all branch offices formed by a law firm in the Beijing Municipality, the law firm shall not file any application for cancellation.
A law firm shall not accept any new business after the occurrence of an event for termination.
Article 45 [Cancellation Materials] A law firm shall, after the occurrence of an event for termination, issue an announcement to the public and shall liquidate its assets according to relevant provisions, handle such affairs as asset division and debt repayment in accordance with the law, and submit the following materials to the bureau of justice of the district where the law firm is located within fifteen days after the ending of the liquidation:
(1) An Application for Cancellation.
(2) A Report on Liquidation.
(3) An Announcement on Liquidation Statement published on a municipal newspaper of this municipality.
(4) The original and photocopy of the license for the law firm's practice of law.
(5) The tax payment certificate.
Article 46 [Cancellation according to Functions] Where a law firm is terminated and refuses to perform the obligations of announcement and liquidation, the bureau of justice of the district where the law firm is located shall, after issuing announcement to the public, report to the Beijing Municipal Bureau of Justice for undergoing the formalities of cancellation.
When reporting to the Beijing Municipal Bureau of Justice for cancellation, the bureau of justice of the district shall submit the following materials:
(1) The Proposal for Requesting Cancellation.
(2) The materials on the circumstances under which the law firm shall be terminated.
(3) The materials on a law firm's refusal to perform the obligations of announcement and liquidation.
(4) The materials on the fact that the bureau of justice of the district urges the law firm to perform the obligations.
(5) The materials on the announcement issued by the bureau of justice of the district to the public.
Article 47 [Cancellation Procedures] The bureau of justice of the district shall, within 20 days of the receipt of the application materials from a law firm for cancellation, issue the examination opinions, and submit them along with all the application materials to the Beijing Municipal Bureau of Justice.
The Beijing Municipal Bureau of Justice shall, within 10 days of the receipt of all application materials submitted by the bureau of justice of the district, conduct examination and make a decision on approving or disapproving the cancellation.
Chapter V Formation, Modification and Termination of Branches of Law Firms
Article 48 [Formation Conditions] A partnership law firm which has been formed for three years or more and has 20 or more practicing lawyers may form a branch according to business development needs. A law firm in Beijing which meets the aforesaid conditions may form a branch in some regions other than the place where the law firm is located.
Prior to the expiry of the term for the penalty of suspension of business operation for rectification imposed upon a partnership law firm or its branch, the partnership law firm shall not apply for formation of a branch; and where a branch of a partnership law firm is subject to revocation of practicing license, the law firm shall not apply for formation of any branch within two years of the date on which the penalty is imposed on the branch.
Article 49 [Conditions for Branches] A branch shall meet the following conditions:
(1) It has a name conforming to the Measures for the Administration of Names of Law Firms.
(2) It has its own domicile.
(3) It has lawyers appointed in compliance with the requirements of the rules of the Ministry of Justice.
(4) It has assets of 500,000 yuan or more and a local branch of a law firm in Beijing Municipality shall only be formed in a district other than Dongcheng District, Xicheng District, Chaoyang District, Haidian District, Fengtai District and Shijingshan District.
(5) The person in charge of the branch shall be a full-time lawyer who has practicing experience of three years or more, and has no record of punishment of suspension of practice during the three years prior to serving as the person in charge.
Article 50 [Application Materials] To apply for forming a branch in Beijing, a law firm in another province or municipality shall submit the following materials:
(1) A written application for the formation of a branch.
(2) Its basic information, and a certificate issued by the competent authority approving its formation, certifying that it meets the conditions as prescribed in Article 19 of the Lawyers Law and Article 33 of the Measures for the Administration of Law Firms.
(3) An original and photocopy of its practicing license, its bylaws and partnership agreement.
(4) The photocopy of the practicing certificate of the lawyer who intends to practice in the branch.
(5) The certificate issued by the authority approving the practice of the appointed person in charge of the branch certifying that he or she meets the conditions as prescribed in item (5), paragraph 1 of Article 34 of the Measures for the Administration of Law Firms.
(6) The domicile certificate and asset certificate of the branch.
(7) The measures for the management of the branch developed by the law firm.
A law firm in Beijing forming a local branch is not required to submit the materials as listed in items (2), (3) and (5) of the preceding paragraph.
The name of a branch of a law firm shall be subject to the approval of the Beijing Municipal Bureau of Justice when a decision on approving the formation of a branch is made.
Article 51 [Licensing Procedures] Where a law firm in another province or municipality applies for formation of a branch in Beijing, the bureau of justice of the district where the branch intended to be formed is located shall accept the application and conduct preliminary review, report to the Beijing Municipal Bureau of Justice for examination, and decide whether to approve or disapprove the formation of the branch. The specific procedures shall be governed by Articles 25 and 26 of these Detailed Implementation Rules. A law firm in Beijing Municipality that forms a branch and modifies the relevant matters of a branch shall file an application therefor and be responsible for undergoing the formalities.
Where the formation of a branch is approved, the Beijing Municipal Bureau of Justice shall issue a practicing license for a branch of a law firm to the applicant.
Article 52 [Personnel Management] The lawyers of the Beijing branch of a law firm in another province or municipality may employ lawyers publicly, besides the lawyers dispatched by the law firm.
Dispatching of lawyers and modification of lawyers dispatched to branches shall be handled according to the provisions of the Detailed Implementation Rules for the Measures of the Beijing Municipality for the Administration of the Practice of Law by Lawyers on replacement of practicing certificates for lawyers dispatched to branches; and hiring of lawyers by branches shall be handled according to the procedures for applying for lawyers' practicing licenses or modifying the firms of practice as prescribed in the Detailed Implementation Rules for the Measures of the Beijing Municipality for the Administration of the Practice of Law by Lawyers.
Article 53 [Modification of Person in Charge by A Branch] A law firm in another province or municipality that decides to modify the person in charge of a branch in Beijing shall submit the following materials to the bureau of justice of the district where the branch is located:
(1) An Application for Modification of the Person in Charge of A Branch.
(2) A photocopy of the lawyer's practicing certificate of the person in charge of the branch and a practicing certificate issued by the provincial judicial administrative authority at the place where the law firm is located.
A law firm in the Beijing Municipality deciding to modify the person in charge of a local branch shall submit the following materials to the bureau of justice of the district where the law firm is located:
(1) An Application for Modification of the Person in Charge of A Branch.
(2) A photocopy of the lawyer's practicing certificate of the appointed person in charge of the law firm.
Modification of the person in charge of a local branch shall be handled according to Article 40 of these Detailed Implementation Rules.
Article 54 [Modification of the Domicile of A Branch] Where a law firm in another province or municipality modifies the domicile of a branch in Beijing, the bureau of justice of the district where the law firm is located shall, within fifteen days of the date of modification, report to the Beijing Municipal Bureau of Justice for recordation. Where a local branch of a law firm in the Beijing Municipality modifies the address in a different district (excluding the six urban districts or the district where the law firm is located) shall undergo the formalities of modifying the domicile according to Article 37 of these Detailed Implementation Rules.
Article 55 [Modification of Name by A Branch] A law firm in another province or municipality modifying its name shall, within thirty days of the date of approval for modification of the name, apply to the bureau of justice of the district where the branch in Beijing is located for modifying the name of the branch and submit the following materials:
(1) An Application for Modification of the Name of A Branch.
(2) A decision on approving the modification of the name of the law firm issued by the judicial administrative authority of the province, autonomous region or municipality directly under the Central Government where the law firm is located.
Where the name of a local branch needs to be modified due to the modification of the name of a law firm in the Beijing Municipality, the law firm shall file an application for modification of the name of the branch when the law firm modifies the name.
The relevant matters for modification of a branch's name shall be handled according to Articles 25 and 26 of these Detailed Implementation Rules.
Article 56 [Termination of A Branch] A branch falling under one of the following circumstances shall be terminated:
(1) The law firm is terminated in accordance with the law.
(2) The law firm is unable to maintain the conditions for the formation of a branch as prescribed in the Lawyers Law and the Measures for the Administration of Law Firms, and still fails to meet the conditions after making rectifications within a prescribed time limit of one to three months.
(3) The branch is unable to maintain the conditions for formation as prescribed in the Measures for the Administration of Law Firms, and still fails to meet the conditions after making rectifications within a prescribed time limit of one to three months.
(4) The branch fails to start its business operations within six months or suspends its business operations for a full year without any justified reason after obtaining the approval for formation.
(5) The law firm decides to close down the branch.
(6) The practicing license of the branch is revoked in accordance with the law.
(7) Any other circumstance under which the branch shall be terminated as prescribed by laws and administrative regulations.
Where a branch is terminated, the Beijing Municipal Bureau of Justice approving its formation shall cancel the practicing license of the branch. The matters relevant to the termination of a branch shall be handled in accordance with Articles 45, 46 and 47 of these Detailed Implementation Rules.
Chapter VI Supervision and Administration
Article 57 [Compliance with Law] A law firm shall carry out the practicing activities or other activities in compliance with the laws, regulations and rules, under the principle of honesty and credibility, and under the professional guidance and practicing supervision of the judicial administrative authority.
Article 58 [Management Responsibilities] A law firm shall supervise the compliance with the laws, regulations, rules and industry standards and abiding by professional ethics and practicing disciplines by its lawyers and employees, and make corrections in a timely manner where problems are found.
Article 59 [Lawyers' Rights] A law firm shall guarantee that its lawyers and other employees enjoy the following rights:
(1) Having access to the necessary work conditions and labor guarantee provided by it.
(2) Obtaining labor remunerations and relevant welfare benefits.
(3) Offering opinions and suggestions to it.
(4) Other rights prescribed by laws, regulations, rules and industrial rules.
Article 60 [Obligations of A Law Firm] A law firm shall supervise the performance of the following obligations by its lawyers and other employees:
(1) Abiding by the Constitution and laws, and observing professional ethics and practice disciplines.
(2) Practicing in accordance with the law, in good faith and in a good manner.
(3) Accepting its supervision and administration, abiding by its bylaws and rules, and maintaining its image and reputation.
(4) Performing other obligations as prescribed by laws, rules and regulations and industry rules.
Article 61 [Fulfillment of Functions by A Law Firm] A law firm shall not allow any of the following persons to provide legal services, and where serious consequences and adverse effects are caused in violation of the provisions, the law firm shall be held liable in accordance with the law:
(1) Persons that are opposed to the Constitution of the People's Republic of China.
(2) Judicial personnel that have been discharged from public employment due to violation of laws and regulations.
(3) Lawyers whose practicing certificate is revoked.
(4) Persons that have no civil capacity or have limited civil capacity.
Article 62 [Prohibitive Provisions and Penalties] A law firm falling under the circumstances as prescribed in Articles 44, 45, 47, 48 and 50 of the Measures for the Administration of Law Firms shall be given administrative penalties according to Article 50 of the Lawyers Law.
Article 63 [Division of Functions] In principle, the initial complaints against law firms shall be accepted by the lawyers associations. The relevant provisions on the acceptance and handling of complaints shall be separately developed by the Beijing Municipal Judicial Bureau.
The municipal and district lawyers associations shall effectively strengthen industry self-discipline, intensify the supervision of the lawyers' industry, actively investigate and handle the clues of the illegal acts of law firms discovered through network and other channels, accept, investigate and handle the complaints on law firms' practice of law in violation of the regulations in a timely manner, and carry out disciplinary work in strict accordance with the industry standards.
Article 64 [Personnel Management] A law firm shall, in accordance with laws and regulations, manage its lawyers and interns and employees applying for practicing, and shall not set barriers on the lawyers' modification of firms of practice, assign interns to undertake lawyers' business separately, or issue false internship certification materials.
A law firm finding that lawyers and non-lawyer employees of the law firm are subject to criminal compulsory measures, detention education, administrative detention, judicial detention, compulsory drug rehabilitation, or criminal punishment shall report to the bureau of justice of the district where the law firm is located in a timely manner.
Article 65 [Information Disclosure] A law firm shall announce to the public on its website the basic information on its lawyers and other employees as well as rewards and punishments.
Article 66 [Internal Management] A law firm shall strengthen its internal management mechanism and decision-making mechanism, diligently implement the responsibility system for the administration of law firms, reasonably divide the management functions, specify the management responsibilities of persons in charge and partners, and strengthen the internal management of law firms according to the law.
Where a lawyer suspends his or her fulfillment of functions, the law firm where he or she works shall no longer arrange the lawyer to accept any new commission, the case and legal affairs that are undertaken by the lawyer upon commission shall be transferred to another lawyer of the law firm, and the law firm shall effectively make explanations to the parties.
Article 67 [Management Rules] A law firm shall develop the following management rules according to the law:
(1) The rules for practicing management.
(2) The rules for the examination of conflict of interests.
(3) The rules for the fee management.
(4) The financial management rules.
(5) The rules for complaint investigation and punishment.
(6) The rules for the annual assessment of lawyers' practice.
(7) The rules for statistics and archives management.
(8) The rules for personnel management and dismissal and removal of lawyers in violation of regulations.
(9) The rules for requests for instructions for major difficult cases, collective research, inspection and supervision.
(10) The rules for commendation and reward.
Article 68 [Major Cases] A law firm shall supervise and direct its lawyers' handling of difficult and complex cases, and organize lawyers to conduct collective research on the cases with significant social impact on matters involving foreign affairs and involving the public, safety and security, among others or cases with significant social risks.
A law firm handling difficult and complex cases shall, according to the relevant provisions, report to the bureau of justice and the lawyers association for recordation.
Article 69 [Removal] A law firm that dismisses or removes a lawyer practicing in violation of laws, regulations, its bylaws and management rules and failing to pass the annual assessment shall, after making a decision of dismissal or removal, report the situation to the bureau of justice of the district where the law firm is located and the lawyers association for recordation in a timely manner.
Where its lawyers are found to fall under the circumstances under which administrative penalties or industrial disciplines shall be imposed, the law firm shall report to the bureau of justice of the district where the law firm is located and the lawyers association in a timely manner.
Article 70 [Administrative Management] The municipal and district bureaus of justice shall, in accordance with the law, fulfill the functions of supervising and directing law firms' practice and management, regulate law firms' practicing order and guarantee law firms' legitimate rights to practice law by comprehensively applying administrative interviews, administrative inspection, administrative complaints, administrative penalties and other management means.
Article 71 [Management of Lawyers Associations] The lawyers associations shall, in accordance with the Lawyers Law, the bylaws of the lawyers associations and the industry standards, assess, direct, supervise and administer law firms, and protect the lawful rights and interests of lawyers.
Article 72 [Vocational Education] The lawyers associations shall regularly organize the business training, professional ethics and practicing discipline education for law firms and relevant lawyers, develop and improve the rules for the education and training for the new persons in charge of law firms, partners of newly formed firms and new lawyers, and organize training and education in a timely manner.
Article 73 [Accountability] Where a law firm has any major management problem, the person in charge and primary responsible person of the law firm shall be held liable according to the law; and where a law firm is subject to administrative penalties and industrial disciplines due to acts in violation of the law, the person in charge of the firm shall be accordingly punished, in light of its management responsibilities and the seriousness of the dereliction of duty.
Article 74 [Credibility Building] The bureaus of justice, the lawyers' associations, and the law firms shall create credibility files for the practice of lawyers, record the practice of lawyers, the annual practicing assessment information, rewards and punishment information, etc. into their practicing credibility files in a timely manner, and disclose them to the public as required.
A law firm shall arrange special persons to verify and improve the relevant information of the law firm and lawyers in a timely manner, to ensure the authenticity, accuracy and standardization of the information contents.
A dishonest law firm shall be restricted from participating in the selection for advanced and outstanding law firms within five years.
Article 75 [Functions of the Bureaus of the Districts] The bureaus of justice of the districts shall fulfill the following supervision and administration functions:
(1) Supervision of law firms' compliance with laws, regulations and rules during their practice.
(2) Supervision of law firms' formulation and implementation of rules on practice and internal management.
(3) Supervision of law firms' maintenance of statutory conditions for formation as well as their implementation of the provisions on reporting modifications for approval or for recordation.
(4) Supervision of law firms' liquidation and application for deregistration.
(5) Supervision of law firms' annual appraisal of lawyers' practice and reporting the annual summary of practice to the higher level.
(6) Acceptance of reports and complaints against the law firm.
(7) Supervision of law firms' execution of administrative punishments and their rectifications.
(8) Commending law firms.
(9) Imposing administrative punishments on law firms for their violations of law according to their statutory functions; and offering punishment proposals to the Beijing Municipal Bureau of Justice, if it shall be given a penalty of revocation of its practicing license in accordance with the law after the facts are found out through case investigation for administrative punishment.
(10) Organizing and conducting annual inspection and assessment of law firms.
(11) Accepting and examining the applications of lawyers for practicing law and applications for the formation and modification of law firms, formation of branches and deregistration.
(12) Organizing and directing the Party building in the lawyers' industry of the district.
(13) Other functions as prescribed in laws, regulations and rules.
The bureau of justice of the district finding and verifying that a law firm has problems in practice of law and internal management during the course of carrying out routine supervision and administration shall hold a warning interview with the person in charge or relevant lawyers of the law firm, order it to take corrective action, and supervise its rectification; and transfer the case to the lawyers association for handling, where it believes that it is necessary to impose industrial punishment upon the law firm. Where a lawyer is found to fall under the circumstance under which administrative punishment shall be imposed, case investigation shall be conducted in a timely manner and it shall be handled according to the law.
Article 76 [Functions of the Municipal Bureau] The Beijing Municipal Bureau of Justice shall fulfill the following supervision and administration functions:
(1) Developing plans and policies on the development of law firms in this municipality and developing regulatory documents on the administration of law firms.
(2) Obtaining information on the construction of organization, teams, bylaws and business development of law firms in this municipality.
(3) Supervising and directing the work of the bureau of justice of the district, and directing the special supervision and inspection and the annual inspection and assessment of law firms.
(4) Imposing the penalty of revocation of practicing license on law firms for the serious violations of law in accordance with the law, supervising the administrative punishment work of the bureau of justice of the district, and handling relevant administrative reconsideration and appeal cases.
(5) Approving and deciding the matters of the application of lawyers for practicing law, the formation, modification or recordation of law firms, formation of branches and cancellation of practicing licenses.
(6) Organizing commendation for law firms.
(7) Directing the Party building work of the lawyer industry in the municipality.
(8) Performing other functions as prescribed by laws, regulations and rules.
Article 77 [Handling of Certificates] A law firm shall appropriately preserve and legally use its practicing license and shall not alter it, or lend or lease it to anyone else.
Where a law firm is given punishment of revocation of practicing certificate or cancellation of license, the bureau of justice of the district where the law firm is located shall confiscate its practicing certificate in a timely manner. A law firm that is given a penalty of suspension of business operation for rectification shall, during the period from the date when the penalty decision takes effect to the expiry of the penalty period, have its practicing license kept by the bureau of justice of the district where the law firm is located.
Article 78 [Reporting] The municipal and district judicial administrative authorities shall, on a periodical basis, report the statistical information relating to the organization, teams and practice, as well as the annual administration summaries of law firms within their respective administrative regions to the judicial administrative authority at the next higher level.
Article 79 [Announcement of Punishment] The decisions on administrative punishment, public condemnation and industrial disciplines upon law firms and lawyers across the country for practicing in violation of laws and regulations shall be announced at the website of the Ministry of Justice and be disclosed to the public.
The district judicial administrative authority shall submit the administrative punishment decisions made by it to the municipal judicial administrative authority in the format required within three days; and the municipal judicial administrative authority and the municipal lawyers association shall, in the format required, submit the decisions on administrative punishment, public condemnation and industrial disciplines made within its jurisdictions to the Ministry of Justice and the All-China Lawyers' Association within seven days.
Article 80 [Reporting] Where a people's court, people's procuratorate, public security authority, state security authority or any other relevant department suggests that the judicial administrative authority or the lawyers association should punish or take disciplinary sanction against a law firm for its violation of law or regulation, the judicial administrative authority or the lawyers association shall notify the authority that offers the suggestion within seven days of the date of making the handling decision.
Chapter VII Supplementary Provisions
Article 81 Except as prescribed in Chapter IV, the time limit prescribed in these Detailed Implementation Rules shall be calculated by working days, excluding statutory holidays.
Article 82 The power to interpret these Detailed Implementation Rules shall remain with the Beijing Municipal Bureau of Justice.
Article 83 These Detailed Implementation Rules shall come into force on January 1, 2018. Where any regulatory document previously developed by the Beijing Municipal Bureau of Justice on the administration of law firms contravenes these Detailed Implementation Rules, these Detailed Implementation Rules shall prevail.