1, the establishment of a law firm shall meet the following conditions:
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) There is 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) There is 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 full-time practice;
(2) Having assets of more than RMB 100,000 yuan.
2, the establishment of licensing procedures:
Article 16 The judicial administrative organ of a city divided into districts or a district (county) of a municipality directly under the Central Government accepts an application for the establishment of a law firm, conducts a preliminary examination, reports it to the judicial administrative organ of a province, autonomous region or municipality directly under the Central Government for examination, and makes a decision 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 local municipal or district (county) municipality directly under the Central Government:
(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.
Extended data:
Definition of law firm:
Accept the entrustment of Chinese and foreign parties to provide various legal services within the prescribed scope of business activities; Responsible for the specific distribution and guidance of lawyer's business; According to the needs, with the approval of the Ministry of Justice, professional law firms can be established, and qualified law firms can set up several business groups internally according to the principle of professional division of labor.
In principle, law firms are located in counties, cities and municipal districts, and there is no affiliation between law firms.
There are partnership law firms, individual law firms run by lawyers and cooperative law firms run by lawyers. The former has the same nature as the legal advisory office, but the name is different. The latter emerged in the reform and opening up, and it is self-financing and independent accounting. There is no difference in the content of legal services they are engaged in.
A partnership law firm may be established in the form of general partnership or special general partnership. The partners of a partnership law firm shall be liable for the debts of the law firm in the form of partnership.
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