IE
S.I. No. 625/2006 - The European Communities (Lawyers' Establishment) Regulations, 2003 (Qualifying Certificate 2007) Regulations, 2006
Table of Provisions (7)
Statutory Text (7 Articles)
1. This application must be duly completed by an applicant lawyer seeking a registered lawyer's qualifying certificate who is intending to engage in the State during the practice year ending 31
st
December 2007 in the provision of legal services, whether as a sole practitioner or as a partner in a solicitor's or registered lawyer's practice or as an employee of any solicitor or registered lawyer or of any other person or body, including an applicant who does not require a qualifying certificate by reason of being a lawyer in the full-time service of the State [within the meaning of
section 54
of the
Solicitors Act, 1954
, as substituted by
section 62
of the
Solicitors (Amendment) Act, 1994
] or by reason of being a lawyer employed full-time in the State to provide conveyancing services only to and for his/her non-solicitor or non-registered lawyer employer [section 56,
Solicitors (Amendment) Act, 1994
].
2. The practice year coincides with the calendar year. A Qualifying Certificate must be received by the Registrar at the Society's premises at Blackhall Place, Dublin 7 on or before Thursday, 1st February 2007 in order for the qualifying certificate to be dated 1st January 2007 and thereby to operate as a qualification to practise from the commencement of the practice year 2007. A Qualifying Certificate issued after the 1
st
February 2007 must
[under Section 45 as amended by
Section 55
of the
Solicitors (Amendment) Act, 1994
, of the
Solicitors Act, 1954
]
bear the date on which the application is actually received by the Registrar. In April 2007, a listing of registered lawyers holding Qualifying Certificates as at 31st March 2007 will be forwarded to each County Registrar, District Court Clerk, Taxing Master and Bar Association
3. The Registration Fee and the Compensation Fund Contribution are required to be paid by each applicant lawyer seeking a registered lawyer's qualifying certificate.
4. An applicant lawyer applying for his/her first qualifying certificate during the practice year 2007 may calculate the Registration Fee and the Compensation Fund Contribution payable by him/her on the basis of the number of full calendar months remaining in that practice year following the month of his/her application; and the registered lawyer a membership subscription in respect of that practice year (or part thereof) shall be at the reduced rate of €20
5. Payment of the Membership Subscription and/or the Solicitors' Benevolent Association Contribution and or the Free Legal Advice Centres Contribution and/or a contribution to the Community Law Centres is/are not a condition(s) precedent to the issue of a Practising Certificate. However, unless a solicitor pays the annual membership subscription he she cannot enjoy the benefits of being a member of the Society as provided for in the Society's Bye-Laws, including the right to vote in annual and provincial elections and the right to receive the Society's Gazette. The new voluntary contribution to Community Law Centres will be allocated to the Ballymun Community Law Centre and the Northside Community Law Centre.
SECOND SCHEDULE
within referred to
EURO
(a)
Registration Fee for the practice year ending on the 31
st
day of December 2007 payable to the Society on application for a qualifying certificate by an applicant registered lawyer admitted to the Register of Registered Lawyers three years or more on the 1
st
day of January 2007
€1,441
(b)
Registration Fee for the practice year ending on the 31
st
day of December 2007 payable to the Society on application for a qualifying certificate by an applicant registered lawyer originally admitted to the Register of Registered Lawyer for less than three years on the 1
st
day of January 2007
€1,146
(c)
Contribution to the Compensation Fund for the practice year ending on the 31
st
day of December 2007 payable to the Society on application for a qualifying certificate by an applicant registered lawyer.
€400
[* See notes on page 10]
[** meaning the Republic of Ireland]
[** meaning the Republic of Ireland]
[* See notes on page 10]
[* See notes on page 10]
[** meaning the Republic of Ireland]
[****Within the meaning of
S.I. No. 719 of 2005
]
[*****Within the meaning of
S.I. No. 312 of 1995
]
[
******Within the meaning of the Solicitors Acts, 1954 to 2002]
[
******Within the meaning of the Solicitors Acts, 1954 to 2002]
[
******Within the meaning of the Solicitors Acts, 1954 to 2002]
[
******Within the meaning of the Solicitors Acts, 1954 to 2002]
[
******Within the meaning of the Solicitors Acts, 1954 to 2002]
******* Text of Investor Compensation Act, 1998, Section 47(1)(a) and (b)
“(a) A [registered lawyer in respect of whom a qualifying certificate] is in force shall be an investment business firm-
(i) where [such lawyer] provides investment business services or investment advice in a manner which is not incidental to the provision of legal services, or
(ii) where [such lawyer] holds himself or herself out as being an investment business firm, or
(iii) where, when acting as an investment product intermediary in a manner incidental to the provision of legal services, [such lawyer] holds an appointment in writing other than from-
(I) an investment firm authorised in accordance with the Investment Services Directive by a competent authority of another Member State, or an authorised investment business firm (not being a restricted activity investment product intermediary or a certified person), or a member firm within the meaning of the
Stock Exchange Act, 1995
, or
(II) a credit institution authorised in accordance with Directives 77/780/EEC of 12 December, 1977, and 89/646/EEC of 15 December, 1989, or
(III) a manager of a collective investment undertaking authorised to market units in collective investments to the public
,
which is situate in the State or the relevant branch of which is situate in the State
,
and shall be required to be authorised as an authorised investment business firm pursuant to the provisions of the [
Investment Intermediaries Act,
] 1995
.
(b) A [registered lawyer, in respect of whom a qualifying certificate] is in force, who is an insurance intermediary or who holds himself or herself out to be an insurance intermediary shall be an investment firm for the purposes of this Act and shall inform the [
Irish Financial Services Regulatory Authority
] and [
The Investor Compensation Company Limited
] that he or she is an investment firm for the purposes of this Act.”
6. As and from the coming into operation of these Regulations, the Registration Fee together with the contribution to the Compensation Fund as specified in the Second Schedule to these Regulations shall be paid to the Society by an applicant registered lawyer on delivery to the Registrar of his or her application.
Date this 14
th
day of December 2006
Signed on behalf of the Law Society of Ireland pursuant to
Section 79
of the
Solicitors Act, 1954
.
PHILIP JOYCE
President of the Law Society of Ireland
FIRST SCHEDULE
within referred to
FORM OF APPLICATION FOR A QUALIFYING CERTIFICATE FOR THE PRACTICE YEAR ENDING 31
ST
DECEMBER 2007
THE LAW SOCIETY OF IRELAND
Blackhall Place, Dublin 7.
APPLICATION FOR A QUALIFYING CERTIFICATE 2007
*
(for the practice year ending 31
st
December 2007)
NAME:___________________________________________________
NAME OF FIRM/ORGANISATION:____________________________
PRINCIPAL PRACTICE/ORGANISATION ADDRESS
_________________________________________________________
_________________________________________________________
_________________________________________________________
To: Registrar of Solicitors, Law Society of Ireland, Blackhall Place, Dublin 7.
SECTION A - GENERAL
(1) (a) My nationality is: _______________________________________
(b) My home member state is: ________________________________
(2) I was first admitted to the Register of Registered Lawyers in the State
**
on the ______________200___
or
This application constitutes part of my application to be admitted to the Register of Registered Lawyers in the State
**
as well as an application for a qualifying certificate for the practice year ending 31
st
December 2007 □
(3) I am not required to hold a qualifying certificate by reason of being -
i) a registered lawyer in the full-time service of the State
*
□ or
ii) a conveyancing-only registered lawyer employed by a non-solicitor
*
□
(4) My current professional status is
[Please tick [✓] as appropriate]
(a) in the State □
and/or
(b) in my home member state of __________________________ □
is as a -
Sole practitioner (i.e. practising as a sole principal in a registered lawyer's practice) □
or
Partner in a registered lawyer's practice □
or
Partner in a solicitor's practice □
or
Consultant registered lawyer in a registered lawyer's practice □
or
Consultant registered lawyer in a solicitor's practice □
or
Employed registered lawyer in a registered lawyer's practice □
or
Employed registered lawyer in a solicitor's practice □
or
Registered lawyer in the full-time service of the State □
or
Registered lawyer employed by a non-solicitor (e.g. financial institution, commercial entity, statutory body) □
or
Registered lawyer employed by an independent law centre
**
□
or
Locum (registered lawyer intending only to practise on short-term contract or employment basis) □
or
Other
[please specify]
□
[Note: If your professional status has changed during the practice year 2006 please
provide
the date of such change ______________________________________ 2006]
(5) Particulars of practice in the State and/or in home member state
(a) Name of managing partner/solicitor/registered lawyer-in-charge: ________________________
(b) Name(s) of any other practice(s) than that noted above: ______________________________
(c) Other practice address(es):____________________________________________________
[
***
within the meaning
S.I. No. 103 of 2006
]
(6) QUESTIONS OF THE REGISTRAR OF SOLICITORS TO BE ANSWERED BY EACH APPLICANT FOR A QUALIFYING CERTIFICATE, WHETHER REFERRABLE TO THE PERIOD IN THE STATE OR IN ANY OTHER JURISDICTION.
[
A registered lawyer applying for his/her first qualifying certificate and a Registered Lawyer to whom Section A(3) of this application applies should answer each of the questions]
.
(a)
Has the last Qualifying Certificate issued to you been suspended or issued subject to conditions or been endorsed with conditions?
Yes □
No □
(b)
Since the last Qualifying Certificate issued to you, have you failed to comply with the Solicitors Acts, 1954 to 2002 or with any order or regulation made thereunder, including the Solicitors Accounts Regulations, 2001/2005?
Yes □
No □
(c)
Since the last Qualifying Certificate issued to you, have you failed to comply with any legislation or with any order, direction or regulation in respect of your practice as a lawyer in any other jurisdiction?
Yes □
No □
(d)
Since the last Qualifying Certificate issued to you, have you been notified by any body governing your practice as a lawyer that you have failed to exercise adequate personal supervision over any office or place of business?
Yes □
No □
(e)
Since the last Qualifying Certificate issued to you, have you been notified by any body governing your practice as a lawyer that you have failed to give an explanation which that body regards as sufficient and satisfactory in respect of any matter affecting your conduct?
Yes □
No □
(f)
Since the last Qualifying Certificate issued to you, has an order of attachment or committal been made against you?
Yes □
No □
(g)
Since the last Qualifying Certificate issued to you, have you been adjudicated bankrupt?
Yes □
No □
(h)
Since the last Qualifying Certificate issued to you, have you failed to comply with any order(s) of any court(s)?
Yes □
No □
(i)
Since the last Qualifying Certificate issued to you, have you failed to comply with any determination, requirement or direction of any body governing your practice as a lawyer in any other jurisdiction?
Yes □
No □
(j)
Since the last Qualifying Certificate issued to you, have you been sentenced to a term of imprisonment?
Yes □
No □
(k)
Have you failed to satisfy any body governing your practice as a lawyer that you are fit to carry on practice as a lawyer, having regard to the state of your physical or mental health?
Yes □
No □
(l)
Since the last Qualifying Certificate issued to you, have you failed to satisfy any body governing your practice as a lawyer that, having regard to all the circumstances, including the financial state of your practice, you should be permitted to carry on practice as a lawyer or, that you should only be permitted to carry on practice as a lawyer subject to a specified condition or conditions?
Yes □
No □
(m)
Has (Have) any judgment(s) or decree(s) been given against you
[other than judgment (s) or
decree(s) to which you are entitled, as respects the whole effect of the judgment(s) or decree(s)
upon you, to indemnity or relief from any other persons]
which remain(s) unsatisfied in whole or in part, and in respect of which judgment(s) or decree(s) you have not produced to the Registrar of Solicitors evidence of the satisfaction of such judgment(s) or decree(s)?
[If
applicable, details should be submitted with this application of any such judgment(s) or
decree(s), including evidence of the satisfaction thereof.]
Yes □
No □
(n)
Is this application by you for a Qualifying Certificate following upon the expiration of a period of suspension from practice?
Yes □
No □
(o)
Is this application by you for a Qualifying Certificate following upon any order permitting your re-admission as a lawyer by any body governing your practice as a lawyer?
Yes □
No □
SECTION B - Solicitors' Accounts Regulations, 2001/2006
[Part I of this Section (immediately below) must be completed by an applicant lawyer who is practising in a solicitor's/registered lawyer's practice as a sole principal or as a partner, or by any other applicant lawyer who handles clients' moneys. The declaration in Part II of this Section must be ticked by an applicant lawyer to whom Part I of this Section does not apply. If Part I applies, please delete Part II.]
Part I
(a) The last reporting accountant's report furnished to the Society was for the accounting period ending on the ________________ day of ______________ 200 ____.
(b) The name and address of my reporting accountant(s) is (are):_______________________________
_________________________________________________________________________________
_________________________________________________________________________________
(c)
[If a partnership]
Name of solicitor nominated as compliance partners
****
:______________________
(d)
[If a reporting accountant's report has never been furnished to the Society]
Date of commencement in practice:________________________ 200_____.
[Note: A reporting accountant's report must be furnished to the Society not later than six months after the end of your annual accounting period.]
OR
[The declaration set out in Part II of this Section (immediately below) should be ticked by an employed applicant lawyer in private practice, or by an applicant lawyer employed by a non-solicitor/registered lawyer, who has not handled clients' moneys during the practice year 2006 other than on behalf of his/her employer. If Part II applies, please delete Part I.]
Part II
I declare that I have not handled clients' moneys at any time during the practice year 2006, other than on behalf of my employer.
Part II of Section B applies to me and I so declare. Yes □
[Please tick [✓] if appropriate]
SECTION C - PROFESSIONAL INDEMNITY INSURANCE
[This Section must be completed to comply with The Solicitors Acts, 1954 to 1994 (Professional Indemnity Insurance) Regulations, to 2005. Part I of this Section must be completed by a lawyer other than a lawyer to whom Part II of this Section applies. If Part I applies, please delete Part II.]
Part I
(a) Name of Professional Indemnity Insurer:___________________________________________________
(b) Date of commencement of current period of Professional Indemnity cover:__________________________
(c) Date of expiration of current period of professional indemnity cover: _______________________________
(d) Has a certificate from your qualified insurer
*****
(or broker) been furnished to the Society certifying the conditions and extent of your professional indemnity cover until at least the end of practice year 2007?_______________
(e) If your cover is not with an qualified insurer, have you furnished evidence that you are covered wholly or partially by insurance taken out or a guarantee provided in accordance with the rules of your home member state against any losses arising from claims in respect of your professional activities in the State until at least the end of practice year 2007 which is equivalent to the conditions and extent of cover required to be provided in that respect by solicitors practising in the State?
Yes, wholly covered □ [If yes, please complete Section D]
or
Yes, partially covered □ [If yes, please complete Section D]
or
No □
(f) If the equivalence of your cover (provided in accordance with the rules of your home member state) is only partial, have you furnished evidence that the additional cover required until at least the end of practice year 2007 has been obtained from an approved insurer
Yes □
No □
I CONFIRM that the particulars set out above relating to my professional indemnity cover are correct at the date of this application
AND
[if applicable] (where confirmation of professional indemnity cover has not been furnished before or with this application) I UNDERTAKE that I will furnish (or cause to be furnished) to the Society, not later than 15 days after the date of the expiration of my current period of professional indemnity cover (as set out in (c) or (d) and (e) above) or the date of this application (whichever is the earlier), confirmation from an approved insurer or from some other insurer or guarantor in my home member state of there being in force relating to me in the State the minimum level of cover [i.e. €2,500,000 each and every claim] for the practice year 2007.
Part II
[Part II of this Section applies to an applicant lawyer who provides legal services
******
(or conveyancing services
******
only) to and for his/her employer, provided that such employer is not a solicitor/registered lawyer. If Part II applies, please delete Part I.]
I declare that it is my intention only to practise as a registered lawyer employed full-time within the State to provide legal services
******
(or conveyancing services
******
only) to and for my employer who is not a solicitor/registered lawyer AND I further declare that, for the duration of practice year 2007, I will not engage in the provision of legal services (or conveyancing services only) to and for any person or persons other than my employer.
Part II of Section C applies to me and I so declare. Yes □
[Please tick [✓] if appropriate]
SECTION D - ADDITIONAL INFORMATION CONCERNING PROFESSIONAL INDEMNITY COVER
[Additional information to be furnished to the Society concerning professional indemnity cover to be provided by an applicant lawyer who is submitting to the Society that he or she is covered wholly or partially by insurance taken out or a guarantee provided in accordance with the rules of the applicant's home member state against any losses arising in respect of the applicant's professional activities in the State.]
STATUTORY INSTRUMENT
S.I. No.625 of 2006
The European Communities (Lawyers' Establishment) Regulations, 2003 (Qualifying Certificate 2007) Regulations, 2006
THE EUROPEAN COMMUNITIES (LAWYERS' ESTABLISHMENT) REGULATIONS, 2003 (QUALIFYING CERTIFICATE 2007) REGULATIONS, 2006
The Law Society of Ireland, in exercise of the powers conferred on them by the European Communities (Lawyers' Establishment) Regulations, 2003 (
S.I. No. 732 of 2003
) HEREBY MAKE the following Regulations
Citation and commencement