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| Notice by the Ministry of Justice and the State Administration of Foreign Exchange of effectively Conducting the Management of the Work Relating to Law Firms' Establishment of Branches Overseas | | 司法部、国家外汇管理局关于做好律师事务所在境外设立分支机构相关管理工作的通知 |
| (No. 29 [2020] of the Ministry of Justice) | | （司发通〔2020〕29号） |
| The justice departments (bureaus) of all provinces, autonomous regions, and municipalities directly under the Central Government; the branches and foreign exchange administrative departments of the State Administration of Foreign Exchange ("SAFE") in all provinces, autonomous regions, and municipalities directly under the Central Government; the branches of the SAFE in Shenzhen, Dalian, Qingdao, Xiamen, and Ningbo: | | 各省、自治区、直辖市司法厅（局），国家外汇管理局各省、自治区、直辖市分局、外汇管理部，深圳、大连、青岛、厦门、宁波市分局： |
| For the purposes of promoting and facilitating Chinese law firms' establishment of branches overseas, regulating the management of foreign exchange in the establishment of branches overseas by Chinese law firms, and supporting Chinese lawyers' “going global”, and serving China's all-round opening-up, you are hereby notified of effectively conducting the management of the work related to law firms' establishment of branches overseas as follows: | | 为促进和便利我国律师事务所在境外设立分支机构，规范律师事务所在境外设立分支机构外汇管理，支持中国律师“走出去”，服务我国全方位对外开放大局，现就做好律师事务所在境外设立分支机构相关管理工作通知如下： |
| I. For the purposes of this Notice, “overseas branches of law firms” means any branch that is established by a Chinese law firm and approved or registered by the government agencies in relevant countries or regions or by relevant organizations, whose personnel, business and financial affairs are actually controlled by the law firm, and which carries out substantive legal services outside China. | | 一、本通知所称的律师事务所境外分支机构是指我国律师事务所在境外投资设立，经境外有关国家和地区政府部门或有关组织批准或登记，人员、业务、财务受该律师事务所实际控制，在境外实质性开展法律服务业务的分支机构。 |
| II. In establishing, modifying or de-registering an overseas branch, a law firm shall, according to the Provisions on the Recordation Administration of Overseas Branches of Law Firms, undergo the recordation formalities with the judicial administrative organ of the province, autonomous region or municipality directly under the Central Government where it is located. When doing so, the law firm shall, according to actual needs, report to the judicial administrative organ the total investments in the overseas branch, the proportion of contributions made by the domestic party, the total investments made by the domestic party, and the funding currency, among others. | | 二、律师事务所设立、变更或注销境外分支机构，应按照《律师事务所境外分支机构备案管理规定》至所在地的省、自治区、直辖市司法行政机关办理备案，律师事务所办理备案时应根据实际需要向司法行政机关申报境外分支机构投资总额、境内方出资比例、境内方出资总额、出资币种等。 |
III. After recordation with the judicial administrative organ, the law firm shall register the foreign exchange for overseas direct investment with the local bank on the strength of the recordation receipt and materials required by relevant foreign exchange regulations.
．．．．．． | | 三、律师事务所通过司法行政机关备案后，凭备案回执及相关外汇管理法规规定的材料，在所在地银行办理境外直接投资外汇登记。
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