Rule D8.2: Principal Place of Business

Definitions and Interpretation

8.2.1 In this rule 8.2, unless the context otherwise requires, terms listed in the first column of rule 8.2.1 shall have the meanings respectively ascribed to them in the second column of that rule:

Term

Definition

location

in relation to a person, the place of business at which that person primarily practises or, if there is no such place of business, the place of business at which he is based or from which he is managed

new determination

a determination that the principal place of business of a multi-national practice is a place of business other than that provisionally determined in accordance with rule 8.2.6

 

8.2.2 A person is "associated with" a multi-national practice if:

(a) he is a manager of that multi-national practice;

(b) he is an employee of that multi-national practice; or

(c) he is a consultant to that multi-national practice.

Determinations

8.2.3 The Council may, on application made in terms of rule 8.2.13, determine the principal place of business of a multi-national practice.

8.2.4 The Council shall determine the principal place of business of a multi-national practice whose principal place of business has not been determined in accordance with an application made in terms of rule 8.2.13.

8.2.5 Subject to rule 8.2.18, the Council may change its determination of the principal place of business of a multi-national practice.

Provisional determinations

8.2.6 The Council may, on application made in terms of rule 8.2.14, provisionally determine the principal place of business of a proposed multi-national practice.

8.2.7 Where the principal place of business of a multi-national practice has been provisionally determined that place of business shall be treated as the principal place of business of that multi-national practice.

8.2.8 The Council may change or revoke any provisional determination made in accordance with rule 8.2.6.

8.2.9 Following the constitution of a multi-national practice whose principal place of business has been provisionally determined in accordance with rule 8.2.6:

(a) the provisional determination may not be revoked; and

(b) the Council shall confirm the provisional determination or make a new determination;

and such confirmation or new determination shall be treated as a determination made in accordance with rule 8.2.3.

Relevant factors

8.2.10 In determining the principal place of business of a multi-national practice in terms of rule 8.2.3 or 8.2.4 or in changing any such determination in terms of rule 8.2.5 or in confirming a provisional determination or making a new determination in terms of rule 8.2.9, the Council shall have regard to the following:

(a) any election made by or behalf of the multi-national practice;

(b) the locations of the place or places of business of the multi-national practice;

(c) the number of solicitors holding a practising certificate who are associated with the multi-national practice both as an absolute number and as a proportion of the total number of solicitors and foreign lawyers associated with that multi-national practice;

(d) the number of solicitors holding a practising certificate who are managers of the multi-national practice both as an absolute number and as a proportion of the total number of managers of that multi-national practice;

(e) the locations of the solicitorsand  foreign lawyers associated with the multi-national practice and the identity of the legal professions of which those foreign lawyers are members;

(f) the locations of the managers of the multi-national practice;

(g) the identity of the persons exercising management control over the multi-national practice, the number of them who are practising solicitors and each of their locations;

(h) the law applicable to the constitutive documents or arrangements of the multi-national practice; and

(i) the law practised by the multi-national practice.

8.2.11 In determining the principal place of business of a multi-national practice, the Council may have regard to any other factor which it considers relevant.

8.2.12 In provisionally determining the principal place of business of a proposed multi-national practice in terms of rule 8.2.6 or in changing or revoking that provisional determination in terms of rule 8.2.8, the Council shall have regard to the factors set out at rules 8.2.10 and 8.2.11 as they may be ascertained in relation to the proposed multi-national practice from the information supplied to it in or in connection with an application in terms of rule 8.2.14 and other information available to it.

Application

8.2.13 If you are a manager of a multi-national practice you may seek a determination of the principal place of business of that multi-national practice by the Council in terms of rule 8.2.3.

8.2.14 If you propose to be a manager of a proposed multi-national practice you may seek a provisional determination of the principal place of business of that proposed multi-national practice by the Council in terms of rule 8.2.6.

8.2.15 If you seek a determination by the Council in terms of rule 8.2.3 or 8.2.6 you shall submit to the Council an application in such form as may be prescribed from time to time by the Council and shall, upon request by the Council, supply any other information required by the Council in connection with that application.

Charging of fees

8.2.16 The Council may charge a fee to be prescribed from time to time by the Council in respect of its examination of an application submitted in terms of this rule 8.2.

Provision of information

8.2.17 The Council may require any regulated person who is a manager of or associated with a multi-national practice or who proposes to be a manager of or associated with a proposed multi-national practice to supply it with any information it considers necessary in connection with:

(a) any determination in terms of rule 8.2.3 or 8.2.4; or

(b) any possible change in determination in terms of rule 8.2.5; or

(c) any provisional determination in terms of rule 8.2.6; or

(d) any possible change or revocation of a provisional determination in terms of rule 8.2.8; or

(e) the confirmation of a provisional determination or the making of a new determination in accordance with rule 8.2.9.

Notice

8.2.18 Where the Council is minded to change its determination of the principal place of business of a multi-national practice in terms of rule 8.2.5 it shall give notice of that fact to the relevant multi-national practice, together with copies of any information it proposes to rely on in making that change (with any deletions necessary to protect the identity of any person as appropriate). In making its decision as to whether to change its determination of the principal place of business of that multi-national practice, the Council shall have regard to any written representations made to it by or on behalf of that practice.

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