Breaking down the steps to registering foreign law firm in India

The recent announcement by the Bar Council of India (“BCI”) declares that foreign lawyers and foreign law firms are now permitted to practice law in India, specifically in international arbitration proceedings, foreign law, and other matters related to international law. The “Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022” outlines the guidelines for this permission, which is granted in accordance with the principle of reciprocity in a well-regulated manner, as stated by the BCI.

Understanding the procedure

 A “FORM A” application, which is attached to these regulations, can be submitted by a foreign attorney or foreign law firm in person or via registered post, along with the registration fee and guarantee amount. Alternatively, the application and fee may be submitted online. In addition, the application must contain the non-refundable procedure fees, which may be determined by the Bar Council of India periodically.

Documents and paperwork required for registration

The following documents must be submitted with this application, which is to be sent to the Secretary of the Bar Council of India:

1. A confirmation that the foreign lawyer’s or foreign law firm’s country has an effective legal system and that the Ministry of External Affairs and Union Law Ministry have no objections if the applicant is registered under these rules and practices law in India.
2. A certificate from the competent authority of the foreign country certifying that the applicant is entitled to practice law in that country.
3. A certificate from the government of the country of the foreign lawyer or foreign law firm or from a competent authority certifying that advocates enrolled under the Advocates Act, 1961 are permitted to practice law in that country which is comparable to the law practice permitted under these rules along with copies of the relevant laws and rules.
4. A certificate from the competent authority of the country of the foreign lawyer or foreign law firm or any other competent authority/authorities, courts, Bar Association, Bar Council, etc. that the applicant has been in practice in that country.
5. A certificate of the competent authority of the country of the foreign lawyer or foreign law firm that no professional proceedings or other misconduct are pending either before it or before any other authority competent to decide such proceedings.
6. A certificate of the competent authority of the country of the foreign lawyer or foreign law firm 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.
7. A ‘No objection Certificate’ of the competent authority of the country of the foreign lawyer or foreign law firm that it has no objection in case the applicant starts law practice in India and that the applicant has reputed status in the Bar.
8. An affidavit declaration that the applicant has not been convicted of any offense 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).
9. An affidavit stating that the applicant has no objections and consents to the Bar Council of India conducting inquiries and investigations during the registration process under these Rules and that the Bar Council of India shall have the right to adjust and apply this guaranteed amount to any penalties and costs that may be imposed by the Bar Council of India under the provisions of these Rules.
10. An oath promising not to practice Indian law in any manner or before any tribunal, board, or other authority legally permitted to record taking.
11. An oath stating that the applicant/entity will not be entitled to and will not make any claims regarding the guarantee amount that was deposited with the Bar Council of India at the time of registration under these rules and that the Bar Council of India shall have the right to adjust and apply this guaranteed amount to any penalties and costs that may be imposed by the Bar Council of India under the provisions of these rules;
12. An oath confirming that the applicant accepts and fully understands the registration thereunder to rule 7 of the Advocates Act, 1961, and Rules made thereto inversely apply to him/her/it in respect of any legal services provided by him/her/it in India, and that he/she/it is subject to the jurisdiction of the Indian courts as well as the Bar Council of India about such services.

Validity

The registration of a foreign lawyer or foreign law firm is only valid for a period of five years, and it must be renewed by the foreign lawyer or foreign law firm within six months of the registration’s expiration date by submitting a renewal application under Form B.

Fee

If a foreign lawyer is an individual, the registration fee is USD 25,000; however, if the foreign lawyer is a firm, private limited company, partnership, limited liability partnership (“LLP”), etc. the registration fee is USD 50,000.

Security deposit

The guarantee amount for a foreign lawyer (individual) is USD 15,000, whereas if the foreign lawyer is a firm, private limited partnership, company, Limited Liability Partnership (LLP), etc., the guarantee amount is USD 40,000.

Allowing foreign lawyers and foreign law firms to practice law in India in the areas of foreign law, diverse international legal issues in non-litigious matters, and international arbitration cases would significantly contribute to the development of the legal profession in India and benefit both lawyers and clients.

Opportunities for foreign lawyers and foreign law firms after the move

India is one of the fastest-growing economies in the world, and the legal market in India is expected to grow rapidly in the coming years. Foreign lawyers can expand their client base by gaining access to the large and growing Indian market. This can result in new business opportunities, increased revenue, and growth for foreign law firms.

The cost of legal services in India is relatively lower compared to other countries, which can provide foreign lawyers with a cost-effective option to carry out legal research, document review, and other legal services. Working in India can help foreign lawyers to enhance their reputation and brand recognition globally, by demonstrating their ability to work in a diverse and challenging legal environment.

Collaboration between foreign and Indian lawyers can lead to the exchange of knowledge, skills, and best practices, which can help both the parties to enhance their expertise and offer better services to clients. India has a unique legal system, and working with Indian lawyers can expose foreign lawyers to new legal concepts, practices, and challenges.

India being a vibrant market would have number of opportunities in complex corporate transactions, cross-border deals, mergers and acquisitions, joint ventures etc. The relaxation seems a significant development since now foreign law firms will be able to establish their offices.