Ministry of Justice and State Administration for Industry and Commerce on Strengthening
Some provisions on the administration of legal advisory service institutions
I. Name
The name of a legal advisory service institution shall be composed in the order of administrative division, font size, business nature and organizational form. Without the approval of the Ministry of Justice and the State Administration for Industry and Commerce, the words "China", "National", "China" and "International" shall not be used.
To establish a legal consulting service institution that meets the conditions for the establishment of the company, which is called "…… legal consulting service company"; Those who do not have the conditions to set up a company are called "…… Legal Advisory Service Department (agency, institute)".
Second, nature.
The legal advisory service institution is an enterprise legal person that provides legal advisory services to the society, carries out independent accounting, is responsible for its own profits and losses, and can bear civil liabilities independently. Its economic nature is approved according to the relevant provisions of the Regulations on Registration Management. Legal advisory service institutions must be completely decoupled from the organizers in terms of people, money and materials.
Third, the conditions for establishment
The establishment of legal advisory services must meet the following conditions:
1. More than eight full-time staff. At least five of them have obtained university law diplomas; Or has obtained the qualification of lawyer; Or actually engaged in legal professional work (including working in public security, procuratorial, legal and administrative law enforcement organs and engaging in law teaching and research) for more than five years. Retired cadres who meet the above conditions shall be implemented in accordance with relevant state regulations.
2. Have a fixed office location and necessary office conditions.
3. Self-owned funds of more than 30,000 yuan (establishment of company10,000 yuan or more).
4. Have a sound accounting system.
Four. scope of business
Legal advisory service institutions can provide the following legal services:
1. Answer legal advice;
2. Drafting, reviewing and modifying documents related to legal affairs;
3. Act as a legal adviser;
4. Acting as an agent for non-litigation legal affairs.
V examination and approval, registration, supervision and management
1. Approval and registration
To apply for the establishment of a legal advisory service institution, an application shall be submitted to the local judicial administrative organ after being examined by the competent department that established the institution. After being examined step by step by the local judicial administrative organ, it shall be reported to the judicial departments (bureaus) of provinces, autonomous regions and municipalities directly under the Central Government for approval. If it is formally approved, it shall notify the applicant and report it to the Ministry of Justice for the record. The application for the establishment of a national legal consulting service company must be reported to the Ministry of Justice for approval.
The legal advisory service institution shall, within 30 days after the application is approved, apply to the administrative department for industry and commerce for registration with the approval of the judicial administrative organ, and obtain the Business License of Enterprise as a Legal Person in accordance with the relevant provisions on the administration of hierarchical registration. After registration, the legal advisory service institution shall report the account opening bank and account number to the original registration authority for the record.
To apply for the registration of the establishment of a legal advisory service institution, the following documents shall be submitted: ① the approval document of the competent department; (2) an application report; 3. Articles of association; (four) the identity certificate of the main person in charge and the education, professional title and qualification certificate of the members; (five) the certificate of use of the place of business activities; 6 capital credit certificate or capital verification certificate; ⑦ Other necessary documents.
Where a legal advisory service institution requests to change the registered items, it shall apply to the original approval authority and apply to the original registration authority for registration of change within 30 days after being approved.
The termination of the legal advisory service institution shall be reported to the original approval authority for examination and approval, and after clearing up the tax, debt and other related matters, it shall go through the cancellation of registration with the original registration authority.
The establishment, name change or termination of legal advisory service institutions shall be announced in newspapers and periodicals at or above the provincial level.
manage
Legal advisory service institutions shall accept the administration of judicial administrative organs and industrial and commercial administrative organs, and pay management fees and registration fees respectively according to regulations.
Members of legal advisory service institutions (including those who have obtained the qualification of lawyers) shall not use the name of lawyers when they are appointed by this institution to engage in consulting activities, and shall not enjoy the rights of lawyers as stipulated by law.
Legal advisory service institutions shall not employ part-time staff.
The legal advisory service institution shall report the business development and work summary of the previous year to the judicial administrative organ that approved its establishment before/kloc-0 every year, and accept the supervision and inspection of the relevant departments of industry and commerce administration, taxation, finance and auditing; And in accordance with the relevant provisions of the Regulations on Registration Management, accept the annual inspection of the original registration authority.
punish
In violation of the following items (1), (2), (3) and (4), the judicial administrative organ shall give a warning and cancel the punishment according to the situation; In violation of the following items (1), (2), (5) and (6), the administrative department for industry and commerce shall, in accordance with the relevant provisions of the Regulations on Registration Administration, give a warning, a fine, suspend business for rectification, confiscate the illegal income, temporarily detain and revoke the business license:
(a) to start business without approval and registration;
(two) beyond the approved business scope;
(3) Conducting activities in the name of a lawyer;
(4) Causing heavy losses to the parties due to incompetence;
⑤ Failing to handle the change registration, cancellation of registration and annual inspection according to regulations;
6. Violation of other registration regulations;
Fund management of intransitive verbs
Legal advisory service institutions to provide legal services, temporarily in accordance with the "lawyer fees" to charge fees, shall not exceed the standard fees.
The business income of legal advisory service institutions shall be taxed according to law, and development funds, risk funds, social insurance funds and welfare funds shall be established according to a certain proportion of after-tax profits.
The salary standard of legal advisory service personnel shall be determined by the judicial departments (bureaus) of all provinces, autonomous regions and municipalities directly under the Central Government in consultation with relevant departments. The personal income of retirees engaged in legal advisory services shall be implemented in accordance with the relevant provisions of the State Council.
Seven, the legal advisory service institutions established before the promulgation of these Provisions shall, within 60 days from the date of promulgation of these Provisions, go through the formalities of approval and registration with the judicial administrative organ and the administrative department for industry and commerce. In the process of completing the application, local judicial administrative organs and industrial and commercial administrative organs must re-examine in strict accordance with these Provisions, and legal advisory service institutions that are inconsistent with these Provisions shall be rectified or revoked.
VIII. Matters not covered in these Provisions shall be handled in accordance with relevant laws and regulations.
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