Solicitors (Scotland) (Multi-national Practices) Practice Rules 2005
Rules dated 24th March 2005, made by the Council of the Law Society of Scotland under section 34(1) of the Solicitors (Scotland) Act 1980 and approved by the Lord President of the Court of Session in terms of section 34(3) of that Act.
Citation and commencement
1. – (1) These Rules may be cited as the Solicitors (Scotland) (Multi-national Practices) Practice Rules 2005.
(2) These Rules shall come into effect on 1st May 2005.
Definitions and interpretation
2. – (1) In these Rules, unless the context otherwise requires –
"the Act" means the Solicitors (Scotland) Act 1980;
"the Council" means the Council of the Society;
"enter a multi-national practice" means to become a member of a multi-national practice whether by joining a multi-national practice or by being a member of a practice which becomes a multi-national practice;
"member" means, in relation to a practice, a principal of that practice;
"multi-national practice" MNP has the meaning given in section 65 of the Act;
"the Society" means the Law Society of Scotland;
"solicitor" means a solicitor holding a practising certificate under the Act and includes a firm of solicitors and an incorporated practice and also includes a multi-national practice.
(2) The Interpretation Act 1978 applies to the interpretation of these Rules as it applies to the interpretation of an Act of Parliament.
(3) The headings to these Rules do not form part of these Rules.
Restriction
3. No solicitor may enter a multi-national practice having any place of business in Scotland unless he obtains the approval of the Council in terms of rule 5.
Application
4. - (1) Any solicitor seeking the approval of the Council in terms of rule 5 shall, at least three months prior to the anticipated date of his entering the multi-national practice, submit to the Council an application in the form set out in the Schedule to these Rules, accompanied by the additional information set out in that Schedule.
(2) Where more than one solicitor is seeking the approval of the Council in terms of rule 5 then those solicitors may jointly submit an application in terms of paragraph (1).
Giving of approval
5. - (1) Where the Council is satisfied, on receiving any application in terms of rule 4 from a solicitor to enter a practice –
(a) that he will on its approval being given be a member of a multi-national practice, and
(b) that the multi-national practice of which he will be a member is or will be so regulated as to make it appropriate for solicitors to be allowed to enter it,
the Council may approve that solicitor entering that practice.
(2) Where any solicitor has been given approval to enter into a practice in terms of paragraph (1), the Council may withdraw that approval if at any time it ceases to be satisfied that either of the conditions set out in that paragraph remains true.
Charging of fees
6 The Council may charge a fee in respect of its examination of an application submitted in terms of these Rules. (£400 - 2007).
Provision of information
7. - (1) While a solicitor remains a member of a multi-national practice, he shall inform the Council of any changes to the information which was supplied by him in any application made to the Council to enter into that multi-national practice in terms of rule 4.
(2) If a solicitor ceases to be a member of a multi-national practice he shall inform the Council of that fact.
Approved multi-national practices
8. The Council may maintain a list of multi-national practices which solicitors may enter without seeking its approval in terms of rule 3, and may require the members of any multi-national practice wishing to be added to or to remain on any such list to supply such information as it may require.
Waiver
9. The Council may waive any provision of these Rules, either generally or in relation to any particular case, subject to such conditions, if any, as it considers appropriate.
Applicability to registered foreign lawyers
10. These Rules are only applicable to registered foreign lawyers so far as they apply to any multi national practice of which that registered foreign lawyer is a member.
Schedule Rule 5
FORM OF APPLICATION TO ENTER INTO A MULTI-NATIONAL PRACTICE
[I/We] [delete as appropriate] the undernoted hereby seek the approval of the Council to enter a multi-national practice
1. Details of applicant(s)
Name ……………………………………. Name …………………………………….
Firm/Practice ……………………………….. Firm/Practice …………………………………….
Business Address …………………………. Business Address …………………..……………….
……………………………………. …………………………………….
[Please give details on any other applicants on a separate sheet of paper]
2. Details of multi-national practice to be entered
Name …………………………………….
Address …………………………………….
…………………………………….
[Please provide details of any other places of business on a separate sheet of paper.]
Date of incorporation (if appropriate) …………………………………….
Place of incorporation (if appropriate) …………………………………….
3. Is the practice referred to at question 2 currently –
a firm of solicitors regulated by the Society ………
an incorporated practice regulated by the Society ………
a multi-national practice ………
a firm or body corporate whose membership is
restricted to foreign lawyers ………
not yet in existence ………
4. Please attach written confirmation from the practice named in response to question 2 that you will on the Council's approval being given be a member of that practice, or (where the practice is not yet in existence) other written evidence to that effect.
5. If the practice referred to at question 2 is not a firm of solicitors or an incorporated practice regulated by the Society, please give explain the circumstances of the practice in a covering letter.
6. What is the principal place of business of the practice referred to at question 2 (as determined by the Council)?
…………………………………….
If the principal place of business of the practice referred to at question 2 has not been determined by the Council, then this application should be accompanied by an application for the principal place of business of that practice to be determined in accordance with the Solicitors (Scotland) (Principal Place of Business) Rules 2005.
7. In relation to each of the members of the practice referred to at question 2 who will be members of that practice at the date when the applicant(s) wish to enter it, please supply the following information –
Name …………………………………….
Address …………………………………….
…………………………………….
Is this person currently a solicitor or registered foreign lawyer? Yes / No
8. If any of the persons referred to in question 6 is not currently a solicitor or registered foreign lawyer, please attach a copy of his application for registration as a foreign lawyer in terms of the Solicitors (Scotland) (Foreign Lawyer) (Registration) Rules 2004.
[I/we] declare that the practice referred to in question 2 is or will on [my/our] entering it become [a partnership whose members are solicitors or incorporated practices and registered foreign lawyers, and membership of which is restricted to solicitors, incorporated practices and registered foreign lawyers] [a body corporate whose members include registered foreign lawyers, and membership of which is restricted to solicitors, incorporated practices, registered foreign lawyers and other multi-national practices] [Delete as appropriate].
Dated this day of 20
Signatures
…………………………………….
…………………………………….
[Please continue on a separate sheet of paper if required]
Notes
1. If the practice referred to in question 2 does not yet exist, please give details of the proposed name and address, and details of the proposed place and date of incorporation (if appropriate).
2. This form should be accompanied by a remittance for the appropriate fee. Remittances should be made payable to "The Law Society of Scotland" and should be crossed "account payee only".
