外国律师事务所驻华代表机构管理条例 Administration of Representative Offices of Foreign Law Firms in China Regulations

eared, the judicial administrative department of the people's government of the province, autonomous region or municipality directly under the central government shall order the transferred property to be returned for the repayment of debts. If the interest of a third party is severely impaired by such pr

operty transfer, criminal liability of the chief representative or other directly responsible personnel will be sought in accordance with provisions of crime of concealment of property of the Criminal Law. Where the situation is less severe for criminal punishment, the judicial administrative department of the province, autonomous region, or municipality directly under the central government shall impose on the Representative Office a fine of not less than Rmb 50,000 and not more than Rmb 300,000, a fine of not less than Rmb 20,000 and not more than Rmb 100,000 shall be imposed on the chief representative and other directly responsible personnel.

　　Article 29　A representative of a Representative Office who produces false evidence, conceals facts or threatens or induces any other person by promise of gains to produce false evidence or conceal facts, will be subject to criminal liability in accordance with provisions on the crime of disrupting evidence in the Criminal Law, and the practising certificate of the representative shall be revoked by the judicial administrative department of the State Council.

　　Article 30　Regarding foreign law firms, foreign lawyers or other foreign institutions or individuals who provide legal services within China without an official permit, or Representative Offices or representatives whose practice permits are revoked but who continue to provide legal services within China, the judicial administrative department of the people's government of the province, autonomous region or municipality directly under the central government shall ban such persons or institutions. All illegal income shall be confiscated and a fine of not less than Rmb 50,000 and not more than Rmb 300,000 will be imposed.

　　Article 31　If a foreign law firm's Representative Office practice licence is revoked according to law, it shall not apply for establishment of a Representative Office in China within the following five years. If the practising certificate of the representative of a Representative Office is revoked according to law, he shall not be appointed as a representative in China within the following five years.

　　If a representative of a Representative Office is punished according to law in a crime endangering State security, public security or the social order, the foreign law firm that appointed the representative cannot apply for the establishment of any Representative Office in China. The representative may never again be appointed as a representative of any Representative Office in China.

　　Article 32　Where any personnel of a judicial administrative department commits any of the following illegal acts, the person(s) in charge or other directly responsible personnel will be punished according to law with such administrative penalty as being recorded with a demerit or a serious demerit, or demotion:

　　1. failure to examine or verify the proof of documents in regard to any proposed Representative Office or representative in accordance with these Regulations;

　　2. failure to conduct registration or annual inspection of Representative Office in accordance with these Regulations; or

　　3. failure to collect fees in accordance with the charging items or charging standards stipulated by the State.

　　Article 33　Where any person of a judicial administrative department commits any of the following illegal acts, the administrative penalty of demotion, dismissal or expulsion shall be imposed on the person(s) in charge who is/are responsible or other directly responsible personnel according to law:

　　1. issuance of a practice licence or practising certificate to a proposed Representative Office or representative that fails to meet the conditions set out in these Regulations;

　　2. taking advantage of their office to accept money or property, or to seek other personal gain;

　　3. failure to revoke or withdraw the practice licence of a Rep

resentative Office or practising certificates of representatives that should be revoked or withdrawn in accordance with these Regulations, or failure to cancel the practising registration that should be cancelled;

　　4. failure to issue a receipt or recording an incorrect amount on the receipt when collecting fines;

　　5. failure to separate the collection and imposition of fines, or failure to hand over all paid fees, collected fines or confiscated illegal income to the State treasury;

　　6. failure to investigate and impose punishment on any Representative Office or its representative who is in violation of these Regulations; or

　　7. other acts that fail to enforce the law strictly or that constitute abuse of power with serious consequences.

　　Those who cause great loss to public property or harm State or public interest by committing any of the illegal conduct above will be subject to criminal liability in accordance with the provisions on the crime of abuse of power, the crime of dereliction of duty or the crime of accepting bribes under the Criminal Law.

　　PART SIX　SUPPLEMENTARY PROVISIONS

　　Article 34　Procedures for the administration of establishment of Representative Offices in China by an Independent Tariff Zone's law firms will be formulated separately by the judicial administrative department of the State Council according to principles set forth in these Regulations.

　　Article 35　These Regulations will come into effect as of 1 January 2002. Representative Offices that have already been approved by the judicial administrative department of the State Council and have operated on a trial basis and their representatives approved to practise on a trial basis prior to implementation of these Regulations shall re-apply for examination and approval within 90 days from the date on which these Regulations come into effect

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