Edit this paragraph in Chapter I General Provisions.
Edit the first article of this paragraph.
In order to standardize the establishment of law firms and strengthen the supervision and management of law firms, these Measures are formulated in accordance with the provisions of the Lawyers Law of People's Republic of China (PRC) (hereinafter referred to as the Lawyers Law) and other relevant laws and regulations.
second
A law firm is a lawyer's practice organization. A law firm shall be established according to law and obtain a practice license.
essay
Law firms should carry out business activities according to law, strengthen the internal management and supervision of lawyers' practice, and bear corresponding legal responsibilities according to law. No organization or individual may illegally interfere with the business activities of a law firm or infringe upon the legitimate rights and interests of a law firm.
Article 4
The judicial administrative organ shall supervise and guide the law firm in accordance with the Lawyers Law and these Measures. The Lawyers Association shall, in accordance with the Lawyers Law, the articles of association and industry norms, exercise industry self-discipline on law firms.
Edit the second chapter of this paragraph. Conditions for the establishment of a law firm.
Article 5
A law firm may be established by lawyers in partnership, by lawyers themselves or by the state. A partnership law firm may be established in the form of general partnership or special general partnership.
Article 6
The establishment of a law firm shall meet the following basic conditions: (1) having its own name, domicile and articles of association; (2) Having lawyers who meet the requirements of the Lawyers Law and these Measures; (3) The promoters shall be lawyers with certain practice experience who can practice full-time, and have not been punished for stopping practicing within three years before the application for establishment; (4) Having assets that meet the requirements of these Measures.
Article 7
The establishment of a general partnership law firm shall meet the following conditions in addition to those stipulated in Article 6 of these Measures: (1) A written partnership agreement; (2) Having three or more partners as promoters; (3) The promoters shall be lawyers with more than three years' practice experience who can practice full-time; (4) Having assets of more than RMB 300,000 yuan.
Article 8
The establishment of a special general partnership law firm shall meet the following conditions in addition to those stipulated in Article 6 of these Measures: (1) a written partnership agreement; (2) There are more than 20 partners as promoters; (3) The promoters shall be lawyers with more than three years' practice experience who can practice full-time; (4) Having assets of10 million yuan or more.
Article 9
The establishment of an individual law firm shall meet the following conditions in addition to those stipulated in Article 6 of these Measures: (1) The promoters shall be lawyers with more than five years' practice experience and be able to practice full-time; (2) Having assets of more than RMB 100,000 yuan.
Article 10
A law firm funded by the state shall have at least two lawyers who can practice full-time in addition to the general conditions stipulated in the Lawyers Law. Where it is necessary for the state to invest in the establishment of a law firm, it shall be established by the local judicial administrative organ at the county level, and the relevant departments of the local people's government at the county level shall allocate the preparatory funds and provide financial guarantee before applying for the establishment permit.
Article 11
The judicial administrative organs of provinces, autonomous regions and municipalities directly under the Central Government may, according to the needs of local economic and social development and the development of the lawyer industry, appropriately adjust the amount of assets established by general partnership law firms, special general partnership law firms and individual law firms as stipulated in these Measures, and report them to the Ministry of Justice for approval before implementation.
Article 12
To establish a law firm, the name of the application shall conform to the provisions of the Ministry of Justice on the management of law firm names, and the name search shall be carried out in accordance with the provisions before applying for the establishment license.
Article 13
The person in charge of a law firm shall report to the examination and approval authority for approval when applying for the establishment license. The person in charge of the partnership law firm is elected by all the partners of the firm; The person in charge of a state-funded law firm is elected by the lawyers of the firm and approved by the judicial administrative organ at the county level where it is located. The founder of a private law firm is the person in charge of the firm.
Article 14
The articles of association of a law firm shall include the following contents: (1) the name and domicile of the law firm; (2) The purpose of the law firm; (3) the organizational form of the law firm; (4) The amount and source of the assets to be established; (five) the responsibilities of the person in charge of the law firm and the procedures for its establishment and change; (six) the establishment and responsibilities of the decision-making and management institutions of the law firm; (seven) the rights and obligations of lawyers in this firm; (eight) the main management systems of the practice, fees, finance and distribution of the law firm; (nine) the reasons, procedures and liquidation methods for the dissolution of the law firm; (10) Procedures for interpretation and amendment of the articles of association of the law firm; (eleven) other matters that need to be stipulated. Where a partnership law firm is established, the articles of association shall also specify the names of the partners, the amount of capital contribution and the mode of capital contribution. The contents of the articles of association of a law firm shall not conflict with relevant laws, regulations and rules. The articles of association of a law firm shall come into effect as of the date when the judicial administrative organ of the province, autonomous region or municipality directly under the Central Government makes a decision to approve the establishment of a law firm.
Article 15
The partnership agreement shall contain the following contents: (1) Partners, including names, domiciles, ID numbers, lawyer's practice experience, etc. (2) The amount and mode of capital contribution of the partners; (3) Rights and obligations of partners; (four) the responsibilities of the person in charge of the partnership law firm and the procedures for its establishment and change; (5) Responsibilities and rules of procedure of the meeting of partners; (six) the income distribution and debt commitment of partners; (7) Conditions and procedures for joining, withdrawing and removing partners; (eight) the methods and procedures for resolving disputes between partners, and the liability for violating the partnership agreement; (9) Procedures for the interpretation and modification of the partnership agreement; (ten) other matters that need to be stipulated. The contents of the partnership agreement shall not conflict with relevant laws, regulations and rules. The partnership agreement shall be signed by all partners through consultation, and shall take effect as of the date when the judicial administrative organ of the province, autonomous region or municipality directly under the Central Government makes a decision to approve the establishment of a law firm.
Amend this paragraph of Chapter III Licensing Procedures for the Establishment of Law Firms
Article 16
The application for the establishment of a law firm shall be accepted by the judicial administrative organ of a city divided into districts or a district (county) of a municipality directly under the Central Government. After preliminary examination, it shall be submitted to the judicial administrative organ of a province, autonomous region or municipality directly under the Central Government for examination, and a decision shall be made on whether to approve the establishment.
Article 17
To apply for the establishment of a law firm, the following materials shall be submitted to the judicial administrative organ of the city or municipality (county) where the law firm is located: (1) an application for establishment; (2) The name and articles of association of the law firm; (three) the name list, resume, identity certificate and lawyer's practice certificate of the sponsors and the person in charge of the law firm; (4) proof of residence; (5) proof of assets. When establishing a partnership law firm, a partnership agreement shall also be submitted. A law firm funded by the state shall submit the approval documents issued by the relevant departments of the local people's government at the county level on the allocation, preparation and provision of funds. When applying for the establishment permit, the applicant shall truthfully fill in the registration form for the establishment of a law firm.
Article 18
The judicial administrative organ of a city divided into districts or a district (county) of a municipality directly under the Central Government shall deal with the applicant's application for establishing a law firm according to the following circumstances: (1) If the application materials are complete and conform to the statutory form, it shall accept it; (2) If the application materials are incomplete or inconsistent with the statutory form, the applicant shall be informed of all the contents that need to be corrected on the spot or within five days from the date of receiving the application materials. If the applicant makes corrections as required, it shall be accepted; Fails to inform, since the date of receipt of the application materials is accepted; (3) If the application matters obviously do not meet the statutory requirements or the applicant refuses to make corrections or cannot make corrections to the relevant materials, it shall not be accepted, and the reasons shall be explained to the applicant in writing.
Article 19
The judicial administrative organ that accepts the application shall complete the examination of the application materials within 20 days from the date of deciding to accept it. In the process of review, the opinions of the judicial administrative organ at the county level where the law firm is to be established may be solicited; If it is necessary to investigate and verify the relevant information, the applicant may be required to provide relevant certification materials, or the judicial administrative organ at the county level may be entrusted to verify it. After examination, issue examination opinions on whether the application for the establishment of a law firm meets the statutory conditions and whether the materials are true and complete, and submit the examination opinions and all application materials to the judicial administrative organs of provinces, autonomous regions and municipalities directly under the Central Government.
Article 20
The judicial administrative organs of provinces, autonomous regions and municipalities directly under the Central Government shall, within 10 days from the date of receiving the review opinions and all application materials submitted by the organ accepting the application, conduct a review and make a decision on whether to approve the establishment of a law firm. If the establishment is approved, the applicant shall be issued a practice license of law firm within ten days from the date of decision. If the establishment is not approved, the reasons shall be explained in writing to the applicant.
Article 21
The practice license of a law firm is divided into an original and a copy. The original is for hanging in the office, and the copy is for inspection. The original and the copy have the same legal effect. The contents, production specifications and compilation methods of the license number of a law firm shall be stipulated by the Ministry of Justice. The practice license shall be uniformly produced by the Ministry of Justice.
Article 22
The applicant for the establishment of a law firm shall, within 60 days from the date of receiving the practice license, engrave the seal, open a bank account and go through the tax registration in accordance with the regulations, complete all the preparatory work for the opening of the law firm, and report the engraved official seal of the law firm, the impression of the financial seal and the opened bank account to the district (county) judicial administrative organ of the local city divided into districts or municipalities directly under the Central Government for the record.
Article 23
Under any of the following circumstances, the judicial administrative organ of the province, autonomous region or municipality directly under the Central Government that made the decision to approve the establishment of a law firm shall revoke the original decision to approve the establishment, and withdraw and cancel the practice license of the law firm: (1) The applicant obtained the decision to approve the establishment by cheating, bribery or other improper means; (2) Making a decision on approving the establishment of an application that does not meet the statutory conditions or violates the statutory procedures.
Edit Chapter IV of this paragraph: Change and termination of law firms.
Article 24
Where a law firm changes its name, person in charge, articles of association and partnership agreement, it shall be examined by the judicial administrative organ of the local municipal district or municipality directly under the Central Government (county) and reported to the original examination and approval authority. The specific measures shall be handled according to the licensing procedures for the establishment of law firms. Where a law firm changes its domicile or partners, it shall, within 15 days from the date of the change, be reported to the original auditing organ by the judicial administrative organ of the local municipal or municipal (county) municipality directly under the central government for the record.
Article 25
Where a law firm changes its domicile across counties, cities not divided into districts or municipal districts, and the judicial administrative organ responsible for daily supervision and management needs to make corresponding changes, it shall inform the judicial administrative organ at the county level where the law firm moves in after going through the filing formalities. If a law firm intends to move its domicile to other provinces, autonomous regions and municipalities directly under the Central Government, it shall go through the formalities of canceling the original law firm and establishing a new law firm.
Article 26
A law firm changes its partners, including taking in new partners, withdrawing from the partnership or expelling partners due to legal reasons or resolutions of the partners' meeting. The new partner shall be a full-time lawyer with more than three years' practice experience, unless otherwise stipulated by the Ministry of Justice. A lawyer who has been punished for stopping practicing for more than six months, and whose punishment period is less than three years, shall not be a partner. If a partner withdraws from the partnership or is removed from the partnership, the law firm shall handle related property rights and interests, debt commitment and other matters in accordance with the laws, the articles of association of the law firm and the partnership agreement. Where it is necessary to amend the partnership agreement due to the change of partners, the revised partnership agreement shall be submitted for approval in accordance with the provisions of the first paragraph of Article 24 of these Measures.
Article 27
Where a law firm changes its organizational form, it shall, in accordance with the provisions of the first paragraph of Article 24 of these Measures, handle business connection, personnel arrangement, asset disposal, debt commitment and other matters according to law before applying for change, and make corresponding amendments to its articles of association and partnership agreement.
Article 28
Where a law firm needs to change, cancel the original law firm or set up a new law firm due to division or merger, it shall submit the application materials such as separation agreement or merger agreement after handling the business connection, personnel arrangement, asset disposal and debt commitment of the relevant law firm according to law, and handle it in accordance with the relevant provisions of these Measures.
Article 29
A partnership law firm that has been established for more than three years and has more than 20 practicing lawyers may set up branches. The establishment of a branch office shall be examined and approved by the judicial administrative organ of the province, autonomous region or municipality directly under the Central Government where the branch office is to be established. Measures for the administration of branch offices of law firms shall be formulated separately.
Article 30
A law firm shall be terminated under any of the following circumstances: (1) it cannot maintain the statutory conditions for establishment and still does not meet the conditions after rectification within a time limit; (2) The practice license is revoked according to law; (3) Deciding to dissolve by itself; (4) Other circumstances that should be terminated as stipulated by laws and administrative regulations. If a law firm fails to start its business within six months after obtaining the establishment license or stops its business activities for one year without justifiable reasons, it shall be deemed to have stopped its business by itself and shall be terminated. A law firm may not decide to dissolve before the expiration of the period of suspension for rectification.
Article 31
After the termination, the law firm shall make an announcement to the public, conduct liquidation in accordance with relevant regulations, and handle matters such as asset division and debt settlement according to law. If the practice license is revoked, it shall be announced to the public by the judicial administrative organ that made the punishment decision. If the law firm refuses to make an announcement due to other circumstances, the judicial administrative organ of the district (county) of the municipal district or municipality directly under the Central Government shall make an announcement to the public. After the cause of termination occurs, the law firm shall not accept new business. A law firm shall, within/0/5 days after the liquidation, submit the cancellation application, liquidation report, practice license of law firm and other relevant materials to the judicial administrative organ of the municipal or municipal (county) district where it is located, and the judicial administrative organ of the municipal or municipal (county) district where it is located shall issue an audit opinion, and report all the cancellation application materials to the original audit organ for examination and cancellation. If a law firm is revoked, the transfer and disposal of its business files, financial account books and firm seals shall be handled in accordance with relevant regulations.
Edit the fifth chapter of this paragraph, the practice and management rules of law firms
Article 32
Law firms shall, in accordance with the Lawyers Law and relevant laws, regulations, rules and industry norms, establish and improve internal management systems such as practice management, and strengthen supervision over lawyers' practice. Lawyers should accept the supervision and management of law firms.
Article 33
When a lawyer undertakes business, the law firm uniformly accepts the entrustment and signs a written entrustment contract with the client. When accepting business, a law firm shall conduct a conflict of interest review, and shall not illegally accept business with conflict of interest with the business undertaken by the firm and its clients.
Article 34
When organizing business activities, a law firm shall guide lawyers to practice according to law, fulfill their legal aid obligations, establish a collective research and instruction system, undertake major and difficult cases, supervise lawyers to abide by laws, regulations and rules in their practice activities, observe professional ethics and practice discipline, and correct problems in time when found.
Article 35
Law firms shall collect fees in accordance with the relevant provisions, establish and improve the management system of fees, and promptly investigate and deal with reports and complaints about illegal fees. A law firm shall establish and improve the financial management system in accordance with the provisions, and establish and implement a reasonable distribution system and incentive mechanism. Law firms should pay taxes according to law. Law firms shall not engage in business activities other than legal services.
Article 36
A partnership law firm and a state-funded law firm shall, in accordance with the provisions, handle social insurance such as unemployment, old-age care and medical care for hired lawyers and auxiliary personnel. Where an individual law firm employs lawyers and auxiliary personnel, it shall handle social insurance for them in accordance with the provisions of the preceding paragraph.
Article 37
A law firm shall establish a practice risk, career development and social security fund in accordance with the provisions. The specific measures for lawyers to participate in professional liability insurance shall be formulated separately.
Article 38
If a lawyer practices illegally or causes losses to the parties due to his fault, his law firm shall be liable for compensation. After making compensation, a law firm may claim compensation from a lawyer who has committed intentional or gross negligence. The partners of a general partnership law firm shall bear unlimited joint liability for the debts of the law firm. If a partner or several partners of a special general partnership law firm cause debts of the law firm due to intentional or gross negligence in their practice activities, they shall bear unlimited liability or unlimited joint liability, and the other partners shall bear liability to the extent of their share of property in the law firm; All partners shall bear unlimited joint and several liability for debts incurred by law firms in their practice activities that are not caused by intentional or gross negligence. The founder of an individual law firm shall bear unlimited liability for the debts of the law firm. State-funded law firms are liable for their debts with all their assets.
Article 39
The person in charge of a law firm is responsible for managing the business activities and internal affairs of the law firm, representing the law firm externally, and taking management responsibility for the illegal acts of the law firm according to law. The partners' meeting or lawyers' meeting is the decision-making body of the partnership law firm or the state-funded law firm; The major decisions of individual law firms should fully listen to the opinions of lawyers. According to the articles of association of the law firm, the law firm may set up relevant management institutions or provide full-time management personnel to assist the person in charge of the law firm in daily management.
Article 40
Law firms should strengthen the education of lawyers' professional ethics and practice discipline, organize business learning and experience exchange activities, and provide conditions for lawyers to participate in business training and continuing education.
Article 41
A law firm shall establish a complaint investigation system, promptly investigate and correct illegal acts in lawyers' practice activities, and mediate practice disputes with clients; If it is considered necessary to impose administrative punishment or industrial punishment on the complained lawyer, it shall promptly report to the local county-level judicial administrative organ or the bar association. For lawyers who fail to pass the annual review or seriously violate the articles of association and management system of the firm, the law firm may terminate the employment relationship with them or remove them from the list through the partner meeting, and the relevant treatment results shall be reported to the local county-level judicial administrative organs and lawyers associations for the record. If a lawyer who is already a partner is punished for stopping practicing for more than six months, he shall not be a partner for three years from the effective date of the punishment decision to the expiration of the punishment period.
Article 42
A law firm shall establish an annual assessment system for lawyers' practice, assess lawyers' practice performance and their compliance with professional ethics and discipline in accordance with the provisions, grade them, implement rewards and punishments, and establish lawyers' practice files.
Article 43
In the first quarter of each year, a law firm shall submit the practice report and lawyer's practice assessment results of the previous year to the municipal judicial administrative organ with districts through the judicial administrative organ at the county level where it is located, and the practice report and lawyer's practice assessment results of the law firm in the municipality directly under the Central Government shall be directly submitted to the judicial administrative organ at the county level where it is located for annual inspection and assessment by the judicial administrative organ. Specific annual inspection and assessment measures shall be formulated by the Ministry of Justice.
Article 44
A law firm shall establish and improve the file management system in accordance with the provisions, timely file the case files and related materials for undertaking business, and keep them properly.
Article 45
A law firm shall properly keep and use its practice license according to law, and shall not alter, lend or lease it. If it is lost or damaged, it shall promptly report to the judicial administrative organ at the county level where it is located, and the judicial administrative organ at the local municipal level or municipality directly under the central government (county) shall apply to the original examination and approval authority for replacement or replacement. If the practice license of a law firm is lost, a statement of loss shall be published in the local newspaper. If the license of a law firm is revoked or punished by the revocation of its practice license, the judicial administrative organ at the county level shall confiscate its practice license. Where a law firm is punished by suspending business for rectification, it shall deposit its practice license with the judicial administrative organ at the county level where it is located from the effective date of the punishment decision to the expiration of the punishment period.
Edit Chapter VI of this paragraph: Supervision and management of judicial administrative organs.
Article 46
The judicial administrative organs at the county level conduct daily supervision and management of the practice activities of law firms within their respective administrative areas, and perform the following duties: (1) Supervise the law firms' compliance with laws, regulations and rules in their business activities; (two) to supervise the establishment and implementation of the practice and internal management system of law firms; (three) to supervise the law firm to maintain the statutory conditions for establishment and implement the examination and approval of changes or filing; (four) to supervise the liquidation and cancellation of law firms; (five) to supervise the law firm to carry out the annual examination of lawyers' practice and report the annual practice summary; (6) Accepting reports and complaints against law firms; (seven) to supervise the implementation of administrative punishment and rectification by law firms; (eight) other duties as prescribed by the Ministry of Justice and the judicial administrative organs of provinces, autonomous regions and municipalities directly under the central government. In the process of daily supervision and management, the judicial administrative organ at the county level shall give a warning to the person in charge of the law firm or relevant lawyers, order them to make corrections and supervise their rectification; If a law firm believes that an illegal act should be given administrative punishment according to law, it shall put forward suggestions for punishment to the judicial administrative organ at the next higher level; If it is considered necessary to give disciplinary action to the industry, it shall be transferred to the Bar Association for handling.
Article 47
The municipal judicial administrative organs with districts shall perform the following duties of supervision and management: (1) Do a good job in the practice activities, organizational construction, team building and system construction of law firms within their respective administrative areas, and formulate measures and methods to strengthen the work of lawyers; (two) to guide and supervise the daily supervision and management of the judicial administrative organs at the next lower level, organize special supervision and inspection of law firms, and guide the investigation and handling of major complaint cases of law firms; (3) Commending law firms; (four) to impose administrative penalties on illegal acts of law firms according to law; If the practice license should be revoked according to law, the judicial administrative organ at the next higher level shall put forward suggestions for punishment; (five) to organize the annual inspection and evaluation of law firms; (6) Accepting and examining applications for the establishment, alteration, establishment of branch offices and cancellation of law firms; (seven) to establish the practice files of law firms, and to be responsible for the licensing, alteration and termination of law firms and the disclosure of the practice file information; (eight) other duties as prescribed by laws, regulations and rules. The district (county) judicial administrative organ of the municipality directly under the Central Government shall undertake the relevant duties stipulated in the preceding paragraph.
Article 48
The judicial administrative organs of provinces, autonomous regions and municipalities directly under the Central Government shall perform the following duties of supervision and management: (1) to formulate the development plans and relevant policies of law firms within their respective administrative areas and formulate normative documents on the management of law firms; (two) to master the organization construction, team construction, system construction and business development of law firms within their respective administrative areas; (three) to supervise and guide the supervision and management of the judicial administrative organs at lower levels, and to guide the special supervision and inspection and annual inspection and assessment of law firms; (4) Organizing commendation activities of law firms; (5) Revoking the practice license of a law firm for serious illegal acts, supervising the administrative punishment of the judicial administrative organ at the next lower level, and handling relevant administrative reconsideration and appeal cases; (six) to handle the approval of the establishment of a law firm, the approval of the change or filing, the approval of the establishment of a branch office and the cancellation of the practice license; (seven) responsible for the disclosure of major information of law firms within their respective administrative areas; (eight) other duties as prescribed by laws and regulations.
Article 49
Judicial administrative organs at all levels and their staff shall supervise and manage law firms, and shall not interfere with their legal practice, infringe upon their legitimate rights and interests, ask for or accept property from law firms and their lawyers, or seek other interests.
Article 50
The judicial administrative organ shall strengthen the hierarchical supervision of licensing and management activities, and establish a system of statistics, instructions, reports and supervision of related work in accordance with the provisions. The judicial administrative organ responsible for the implementation, annual inspection, assessment or rewards and punishments of law firms shall promptly notify the lower judicial administrative organ of the relevant licensing decisions, assessment results or rewards and punishments, and submit them to the higher judicial administrative organ.
Article 51
The judicial administrative organ shall strengthen the guidance and supervision of the lawyers' association, support the lawyers' association to implement industry self-discipline for law firms in accordance with the Lawyers Law, the articles of association and industry norms, and establish and improve the coordination mechanism combining administrative management with industry self-discipline.
Article 52
Judicial administrative organs at all levels shall regularly submit statistical data and annual management summary of the organization, team and business of law firms within their respective administrative areas to the judicial administrative organs at the next higher level.
Article 53
If the staff of the judicial administrative organ abuses their powers or neglects their duties in the process of establishing a license and implementing supervision and management activities in a law firm, which constitutes a crime, they shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be given administrative sanctions according to law.
Edit the supplementary provisions in Chapter VII of this paragraph.
Article 54
The judicial administrative organs of all provinces, autonomous regions and municipalities directly under the Central Government may formulate specific implementation measures according to these measures and report them to the Ministry of Justice for the record.
Article 55
These Measures shall come into force as of the date of promulgation. Where the regulations and normative documents on the management of law firms formulated by the Ministry of Justice conflict with these measures, these measures shall prevail.