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Set up Office in China

Requirements

On January 1, 2002, Regulations on Administration of Foreign Law Firms' Representative Offices in China, promulgated by the Decree No. 338 of the State Council of the People's Republic of China on December 22, 2001, has take bring into force. It means Chinese government has taken more attention and is welcome to the entry of foreign law firm's representative.

A foreign law firm applying to establish a representative office in China and post representatives thereto shall meet the following requirements:

  • (1)  It has been in practice lawfully in its home country and never has been punished for violation of the code of ethics of the legal profession;
  • (2)  Engaging in the legal service activities other than the affairs on Chinese law, and with all or part of the members independently bearing the external civil liabilities;
  • (3)  The representatives of the representative office are practitioner lawyers who are members of the BAR or law society of the country where they obtain their qualifications to practice;
  • (4)  The representatives have never been punished for a criminal offense or a violation of lawyers' professional ethics or practice discipline;
  • (5)  The representatives have practiced for no less than two years outside of China, The chief representative of the representative office has practiced for not less than three years outside of China and is a partner or equivalent of the said firm;
  • (6)  There is an actual need to establish a representative office in China to conduct legal service business.
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