Lists of Documents be submitted by Foreign Lawyers and Firms to Practise in India: BCI
The Bar Council of India issued the rules for the foreign lawyers and firms to practice in India. According to reports, they are not permitted to litigate issues before Indian courts, and their time permitted to practise in India is quite short. i.e.Approximately 60 days in a year.
Documents to be Submitted as per the rules issued:
- A certificate from the Indian government (Ministry of Law & Justice and Ministry of External Affairs and Trade) stating that the primary qualification’s foreign country has an effective legal system and that there are no objections to the applicant being registered under these Rules and practising law in India.
(However the Bar Council of India may seek any information from any departments/Ministries of any foreign Countries, if it thinks necessary and/or it may contact any. Foreign Government/Department in case any information is required.)
- A certificate from the Competent Authority of the concerned foreign country of primary qualification certifying that the applicant is entitled to practice law in that Country;
- A certification from the government of the foreign nation of primary qualification attesting that attorneys enrolled under the Advocates Act of 1961 are entitled to practise law there in a manner and to an extent equivalent to that permitted by these Rules, as well as copies of the pertinent Laws and Rules.
- A certificate from the Competent Authority of the concerned country of primary qualification or any other competent authority/ies, Courts, Bar Association, Bar Council etc. that the applicant has been in practice in that country.
- A certificate of the competent authority of the concerned foreign country of primary qualification that no proceedings of professional or other misconduct are pending either before it or before any other authority competent to entertain and decide such proceedings.
- A certificate of the competent authority of the concerned foreign country of primary qualification giving details of the fee structure and other amounts chargeable from an advocate enrolled under the Act for enabling him to practice law in that country along with relevant Rules and Laws.
- No objection Certificate’ of the competent authority of the concerned foreign country of primary qualification that has no objection in case the applicant starts law practice in India and that the applicant enjoys a good standing in the Bar.
- A declaration on affidavit that the applicant has not been convicted of any offence and has not suffered any adverse order in any disciplinary matter. (In case he has suffered relevant attested any conviction/adverse order, copies of the order of conviction/adverse order and other related documents about the matter like appeal and stay, if any, or sentence/fine suffered/paid etc. are to be annexed).
- A declaration on affidavit that the applicant has no objection and consents to the making of enquiries and investigation by the Bar Council of India on its own or through such government or non-government investigating agency, as it may deem fit, to verify the veracity of the particulars disclosed by the applicant in the application and genuineness of the documents annexed therewith.
- An undertaking on oath that he/it shall not practice Indian law in any form or before any court of Law, Tribunal, Board or any other Authority legally entitled to record evidence on oath.
- A declaration on oath that he/it shall not be entitled to and shall not claim any interest on the guarantee amount deposited by him/it with Bar Council of India at the time of registration under these Rules and that the Bar Council shall be entitled to adjust and apply this guarantee amount to the penalty and cost amounts that may be awarded by the Bar Council of India under the provisions of these Rules.
- A declaration on oath that the applicant fully understands and appreciates the fact that on registration under rule 7 of these Rules, the Advocates Act, 1961 and Rules made there under, mutatis mutandis, apply to him/it in respect of law practice by him/it in India and that he/it is subject to the jurisdiction of Courts of Law in India and to the jurisdiction of Bar Council of India in relation to such practice.
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