On 23/05/2013,
you requested for the version in force on 23/05/2013
incorporating all amendments published on or before 23/05/2013.
The closest version currently available is that of 01/06/2009.
PART VIB
LIMITED LIABILITY LAW PARTNERSHIPS
81P. In this Part, unless the context otherwise requires —
“law firm”, “legal services” and “solicitor” have the same meanings as are assigned to them in section 81A;
“limited liability partnership agreement”, “manager” and “officer” have the same meanings as are assigned to them in the Limited Liability Partnerships Act (Cap. 163A).
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81Q.
—(1) A solicitor who wishes to have a limited liability partnership or a proposed limited liability partnership approved as a limited liability law partnership shall apply to the Council for approval —
(a)
of the limited liability partnership as a limited liability law partnership; and
(b)
of the name or proposed name of the limited liability law partnership.
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(2) An application under subsection (1) shall be made in accordance with rules made under section 81ZB.
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(3) If the Council gives approval for a proposed limited liability partnership to be a limited liability law partnership, the approval shall not take effect until the limited liability partnership is registered under the Limited Liability Partnerships Act.
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81R.
—(1) The Council shall not approve the name or proposed name of a limited liability law partnership which in its opinion —
(a)
is misleading or detracts from the dignity of an honourable profession;
(b)
is so similar to that of an existing law corporation, limited liability law partnership, law firm or group practice as to be likely to be confused with it; or
(c)
is inconsistent with any of the provisions of any rules on publicity made under section 71(1).
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(2) The partners of a limited liability law partnership shall ensure that every invoice or official correspondence of the limited liability law partnership bears the statement that it is incorporated with limited liability.
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(3) No name of a limited liability law partnership may be changed without the prior approval in writing of the Council.
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(4) Notwithstanding anything in this section or section 19 of the Limited Liability Partnerships Act (Cap. 163A), where the Council is satisfied that the name of a limited liability law partnership has been approved (whether through inadvertence or otherwise and whether originally or by change of name) in contravention of subsection (1), the Council may direct the limited liability law partnership to change its name and the limited liability law partnership shall comply with that direction within 6 weeks from the date of the direction or such longer period as the Council may allow.
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81S.
—(1) A limited liability law partnership is authorised to do anything that a solicitor can do by law and is required to do all that a solicitor is required to do by law.
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(2) Subsection (1) shall not apply to the doing of anything that can only be done by a solicitor as a natural person.
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(3) A solicitor who provides legal services as a partner or an employee of a limited liability law partnership shall be subject to the same standards of professional conduct and competence in respect of such services as if he were personally providing the legal services as a solicitor in a law firm.
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(4) The mere fact that a solicitor personally provides legal services as a partner or an employee of a limited liability law partnership shall not affect the personal liability of that solicitor at law.
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81T.
—(1) A limited liability law partnership shall have the same rights and shall be subject to the same fiduciary, confidential and ethical requirements with respect to each client of the limited liability law partnership that exist at law with respect to a solicitor and his client.
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(2) Solicitor-client privilege exists between a limited liability law partnership and a client of the limited liability law partnership in the same way as it exists between a solicitor and his client and extends to every solicitor who is a partner, an officer or an employee of the limited liability law partnership.
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(3) Sections 128 to 131 of the Evidence Act (Cap. 97) on professional communications shall apply to a limited liability law partnership, its partners, its officers and its employees as it applies to a solicitor.
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81U.
—(1) An act or omission of a solicitor may constitute unsatisfactory professional conduct or professional misconduct even though it is only done or occurs while the solicitor provides legal services through a limited liability law partnership.
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(2) The partners of the limited liability law partnership who are solicitors shall be jointly liable to disciplinary proceedings under this Act if the business of the limited liability law partnership is conducted in a manner unbefitting an honourable profession and where such conduct cannot be attributed to the act or omission of a particular solicitor or solicitors whose identity is known.
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(3) A partner or an employee of a limited liability law partnership who is a solicitor (whether or not he has in force a practising certificate) shall not —
(a)
hold shares in any law corporation;
(b)
be a director or a consultant or an employee of any law corporation;
(c)
be a partner or a consultant or an employee of any law firm or another limited liability law partnership; or
(d)
practise as a solicitor on his own account.
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(4) Subsection (3) shall not prevent a locum solicitor engaged by a limited liability law partnership from concurrently practising as a locum solicitor in another limited liability law partnership or any law firm or law corporation.
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81V. Where a solicitor has been suspended from practice or struck off the roll pursuant to disciplinary proceedings under this Act, he shall not be a manager of a limited liability law partnership.
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81W.
—(1) A limited liability law partnership may be wound up under the Limited Liability Partnerships Act (Cap. 163A) on any of the following grounds:
(a)
the limited liability law partnership ceases to satisfy the requirements of this Act or the rules made under section 81ZB relating to a limited liability law partnership; or
(b)
the business of the limited liability law partnership has been conducted in a manner unbefitting the profession.
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(2) The grounds for winding up referred to in subsection (1) are additional to those prescribed by the Limited Liability Partnerships Act.
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(3) An application to wind up a limited liability law partnership on a ground specified in subsection (1) may be made only by the Attorney-General or the Council.
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81X.
—(1) An applicant, for approval by the Council of —
(a)
a limited liability partnership or proposed limited liability partnership as a limited liability law partnership; or
(b)
a change in the name of a limited liability law partnership,
may appeal to the High Court against a decision of the Council.
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(2) An applicant making an appeal under subsection (1) must comply with the rules made under section 81ZB for the purposes of this section.
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(3) On the hearing of an appeal under this section, the High Court may —
(a)
confirm the decision of the Council; or
(b)
direct the Council to grant the application for approval, either unconditionally or subject to conditions specified by the Court,
and may make such order as to the payment of costs by the Council or by the applicant as it thinks fit.
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81Y.
—(1) The Council is required —
(a)
to keep a register of all limited liability law partnerships approved under section 81Q in such form and manner as the Council thinks fit and to have custody of the register and all documents relating to it; and
(b)
to allow any person to inspect the register in such manner as the Council thinks fit.
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(2) The Council is required to enter in the register of limited liability law partnerships the name of every limited liability law partnership approved under section 81Q.
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(3) The Council may cancel the registration of a limited liability law partnership which has ceased providing legal services or which has been wound up.
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81Z. This Part and any rules made under section 81ZB for the purposes of this Part shall prevail over any inconsistent provision of the limited liability partnership agreement of a limited liability law partnership.
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Application of Limited Liability Partnerships Act and other written law to limited liability law partnerships
81ZA.
—(1) Nothing in this Part shall affect the operation of the Limited Liability Partnerships Act (Cap. 163A), and the provisions of this Part shall apply with the provisions of the Limited Liability Partnerships Act.
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(2) In the case of a conflict between any provision of the Limited Liability Partnerships Act and any provision in this Part, the provision in this Part shall prevail unless otherwise expressly provided in this Part.
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(3) Such provisions of any other written law having effect in relation to solicitors or law firms or law corporations as may be prescribed, shall have effect in relation to limited liability law partnerships with such prescribed modifications as may be necessary or expedient; and such provisions shall be construed accordingly.
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(4) In this section, references to this Part include references to rules made under section 81ZB.
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81ZB.
—(1) The Minister may, after consulting the Council, make rules for the purposes of this Part.
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(2) Without prejudice to the generality of subsection (1), any rules made thereunder may provide —
(a)
for prescribing anything which may be prescribed under this Part;
(b)
for restrictions to be imposed on persons or classes of persons who may be partners in or officers of a limited liability law partnership;
(c)
for the payment of fees on applications made under this Part or any rules made thereunder and for related matters;
(d)
for the keeping of accounts by a limited liability law partnership and for the matters set out in section 72;
(e)
for exempting any person or class of persons from any provision of this Part; and
(f)
for such incidental, consequential or supplementary provisions as may be necessary or expedient.
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81ZC. In any other written law, any reference to a solicitor, an advocate or an advocate and solicitor shall, with such necessary modifications or exceptions as may be prescribed under section 81ZB, be construed as including a reference to a limited liability law partnership.
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