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UDF-Space
Legal Services
Market Access Limitations
(1) Cross-Border Supply: None
(2) Consumption Abroad: None
(3) Commercial Presence: Swiss law firms may only provide legal services in the form of representative offices. Representative offices may engage in profit-making activities. The scope of business for Swiss representative offices is limited to the following:
(a) Advising clients on the laws of jurisdictions where the law firm’s lawyers are permitted to practice, as well as on international conventions and customs;
(b) Handling legal matters of jurisdictions where the law firm’s lawyers are permitted to practice, upon entrustment by clients or Chinese law firms;
(c) Representing foreign clients in entrusting Chinese law firms to handle Chinese legal matters;
(d) Entering contracts to maintain long-term entrustment relationships with Chinese law firms for legal affairs;
(e) Providing information on the impact of China’s legal environment.
By mutual agreement, foreign representative offices may directly instruct lawyers of entrusted Chinese law firms.
Representatives of foreign law firms must be practicing lawyers, members of a bar association or law society in a WTO member, and must have practiced law outside China for no less than two years. The chief representative must be a partner or equivalent (e.g., a member of a limited liability law firm) of a law firm in a WTO member and must have practiced law outside China for no less than three years.
(4) Movement of Natural Persons: Unbound except as indicated in the horizontal commitments.
National Treatment Limitations
(1) Cross-Border Supply: None
(2) Consumption Abroad: None
(3) Commercial Presence: All representatives must reside in China for no less than six months each year. Representative offices shall not employ Chinese nationally registered lawyers.
(4) Movement of Natural Persons: Unbound except as indicated in the horizontal commitments.
Remarks
Legal Services (CPC 861): Excludes legal advisory services on Chinese law.
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