Full Text
Registry No. D.L.-33004/99
The Gazette of India
CG-DL-E-14052025-263082
EXTRAORDINARY
PART III—Section 4
PUBLISHED BY AUTHORITY
No. 361]
NEW DELHI, TUESDAY, MAY 13, 2025/VAISAKHA 23, 1947
Note: In case of any conflict or confusion the English version shall be referred.
BAR COUNCIL OF INDIA
NOTIFICATION
New Delhi, the 13th May, 2025
F. No. BCI:D: 3335/2025.-The General Council of Bar Council of India hereby resolves to amend the Bar
Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022,
earlier gazetted on 10th March, 2023.
The amended rules and regulations are approved by the Council and shall come into effect immediately upon
publication in the Official Gazette.
Objects and Reasons:
1. In India Legal profession is treated as a noble profession. Legal Profession is not treated as a commercial
activity or contract of service in India. Law is not a trade, and briefs no merchandise so the leaven of
commercial competition or procurement should not vulgarize the legal profession (Hon'ble Justice
Krishnairyer, V.R.)
2. Under the Indian Constitution, the legal profession is fundamentally distinct from trade and commerce in its
objectives, governance, and societal role. While trade and commerce, protected under Article 19(1)(g) and
regulated by Article 301, focus on economic activities such as profit generation, consumer satisfaction, and
the promotion of free markets governed by principles of supply and demand, the legal profession transcends
these commercial objectives. Recognized as a noble profession, the legal field is rooted in fiduciary and
ethical responsibilities aimed at upholding justice and constitutional values, as emphasized in Article 39A,
which ensures equal access to justice. Regulated by the Bar Council of India under the Advocates Act, 1961,
the legal profession is dedicated to serving public interest and maintaining the Rule of Law, rather than
operating as a commercial enterprise. This distinction was reinforced by the Supreme Court in Bar of Indian
Lawyers v. D.K. Gandhi PS National Institute of Communicable Diseases and Anr., delivered on May 14,
2024, which excluded advocates from the purview of the Consumer Protection Act, 2019 (CPA) by
categorizing their services as "contracts of personal service" instead of "contracts for service." This
judgment, which overturned a previous ruling by the NCDRC, highlights the unique advocate-client
relationship built on trust, confidentiality, and professional ethics, and resolves a longstanding debate by
affirming the non-commercial nature of legal services. The constitutional framework further emphasizes this
distinction through the Seventh Schedule, with trade and commerce governed under the Union List (Entries
41 and 42), granting the Union exclusive authority over inter-state and international trade. In contrast, the
legal profession is addressed under Union List Entries 77 and 78, while aspects of professional conduct also
fall under the Concurrent List, and Union law i.e. Advocates Act shall prevail in case of conflict.
In essence, while trade and commerce prioritize economic growth and profit, the legal profession is dedicated
to justice, ethical responsibility, and adherence to constitutional principles, making it a cornerstone of India's
democratic framework.
3. In the opinion of the Bar Council of India, the legal profession in India has to rise to the occasion to address
the global changes in the legal arena brought about by the large scale migration of people between countries,
a phenomenon unprecedented in earlier times. The world is becoming a global village.
4. International trade and commerce are advancing at a rapid pace. The demand for an open, responsive, and
receptive legal professional mechanism in India from clients and businesses operating in international and
cross-border markets is growing significantly. The expansion of international legal work, the globalization of
legal practices, and the increasing internationalization of law are becoming highly relevant to the growth and
evolution of the legal profession and practices in India.
5. The Bar Council of India initially opposed the entry of foreign lawyers and foreign law firms into India in
any form. However, between 2007 and 2014, during Joint Consultative Conferences held with the Chairmen,
Vice-Chairmen, and Chairmen of the Executive Committees of all State Bar Councils in India, the legal
fraternity authorized the Bar Council of India to engage in dialogue and interaction with the Government of
India (Ministry of Law and Justice and Ministry of Trade and Commerce) as well as with law councils and
law societies of foreign countries. The purpose of these discussions was to explore the potential and
prospects of allowing foreign lawyers to practice law in India, particularly in the fields of foreign law and
diverse international legal issues in non-litigious matters, based on the principle of reciprocity. The Bar
Council of India has been actively pursuing this mandate.
In the interim, a significant judgment was delivered by the Bombay High Court on December 16, 2009, in
Lawyers Collective v. Bar Council of India. The Court held that the Reserve Bank of India was not justified
in granting permission to foreign law firms to open liaison offices in India. Furthermore, the Court
interpreted the expression "to practice the profession of law" under Section 29 of the Advocates Act, 1961, as
encompassing both litigious and non-litigious matters. Consequently, it ruled that individuals or entities
practicing non-litigious legal matters in India are also required to comply with the provisions of the
Advocates Act, 1961.
6. The Madras High Court delivered a Judgment on 21.12.2012 in A.K. Balaji Versus Govt. of India in WP
5614 of 2004, and M.P. Nos. 1, 3 to 5,which, interalia, held as follows:-
Para 63-"After giving our anxious consideration to the matter, both on facts and on law, we come to the
following conclusion:-
(i) Foreign law firms or foreign lawyers cannot practice the profession of law in India either on the litigation or
non-litigation side, unless they fulfill the requirement of the Advocates Act, 1961 and the Bar Council of
India Rules.
(ii) However, there is no bar either in the Act or the Rules for the foreign law firms or foreign lawyers to visit
India for a temporary period on a "fly in and fly out" basis, for the purpose of giving legal advise to their
clients in India regarding foreign law or their own system of law and on diverse international legal issues.
(iii) Moreover, having regard to the aim and object of the International Commercial Arbitration introduced in the
Arbitration and Conciliation Act, 1996, foreign lawyers cannot be debarred to come to India and conduct
arbitration proceedings in respect of disputes arising out of a contract relating to international commercial
arbitration.
(iv) The B.P.O. Companies providing wide range of customised and integrated services and
functions to its customers like word-processing, secretarial support, transcription services, proof-reading
services, travel desk support services, etc. do not come within the purview of the Advocates Act, 1961 or the Bar
Council of India Rules. However, in the event of any complaint made against these B.P.O. Companies violating
the provisions of the Act, the Bar Council of India may take appropriate action against such erring
companies." 2010 (2) Mah LJ 726
7. The Bombay High Court, in Lawyers Collective vs Bar Council of India in WP 1526 0f 1995, on the other
hand, on 16th December, 2009 concluded as follows:
“60. For all the aforesaid reasons, we hold that in the facts of the present case, the RBI was not justified in
granting permission to the foreign law firms to open liaison offices in India under Section 29 of the 1973 Act.
We further hold that the expressions 'to practise the profession of law' in Section 29 of the 1961 Act is wide
enough to cover the persons practising in litigious matters as well as persons practising in non litigious
matters and, therefore, to practise in non litigious matters in India, the respondent Nos. 12 to 14 were bound
to follow the provisions contained in the 1961 Act. The petition is disposed of accordingly with no order as to
costs."
8. Both the above judgments were challenged in the Supreme Court. While Bar Council of India challenged the
Judgment of the Madras High Court, Lawyers Collective challenged the judgment of Bombay High Court.
When the matter against the judgment of the Madras High Court came up for hearing before the Supreme
Court on 4th July, 2012, following interim order was passed.
"In the meanwhile, it is clarified that Reserve Bank of India shall not grant any permission to the foreign law
firms to open liaison offices in India under Section 29 of the Foreign Exchange Regulation Act, 1973. It is
also clarified that the expression "to practice the profession of law"under_Section 29 of the Advocates Act,
1961 covers the persons practicing litigious matters as well as non-litigious matters other than contemplated
in para 63(ii) of the impugned order and, therefore, to practice in non-litigious matters in India the foreign
law firms, by whatever name called or described, shall be bound to follow the provisions contained in
the Advocates Act, 1961.” The said order has thereafter continued and is still in force.
9. The Hon'ble Supreme Court vide Judgment dated 13.3.2018 disposed of the appeals in both matters under
the Civil Appeal Nos. 7875-7879 of 2015 with Civil Appeal Nos. 7170 of 2015 and Civil Appeal Nos. 8028
of 2015 in Bar Council of India Vs. A. K. Balaji and Ors. after consideration of the issues and held that:-
"37. We have considered the rival submissions. Questions for consideration mainly arise out of directions in
para 63 of the Madras High Court judgment which have already been quoted in the beginning of this
judgment. viz.:
(i) Whether the expression 'practice the profession of law' includes only litigation practice or non-litigation
practice also;
(ii) Whether such practice by foreign law firms or foreign lawyers is permissible without fulfilling the
requirements of Advocates Act and the Bar Council of India Rules;
(iii) If not, whether there is a bar for the said law firms or lawyers to visit India on 'fly in and fly out' basis for
giving legal advice regarding foreign law on diverse international legal issues;
(iv) Whether there is no bar to foreign law firms and lawyers from conducting arbitration proceedings and
disputes arising out of contracts relating to international commercial arbitration;
Whether BPO companies providing integrated services are not covered by the Advocates Act or the Bar
Council of India rules.
RE: (i)
"38. In Pravin C. Shah versus K.A. Mohd. Ali, it was observed that right to practice is genus of which right
to appear and conduct cases is specie. It was observed:
“.........The right of the advocate to practise envelopes a lot of acts to be performed by him in discharge of
his professional duties. Apart form appearing in the courts he can be consulted by his clients, he can give his
legal opinion whenever sought for, he can draft instruments, pleadings, affidavits or any other documents, he
can participate in any conference involving legal discussions etc. ......
In Ex. Capt. Harish Uppal versus Union of India 18, same view was reiterated.
"39. Ethics of the legal profession apply not only when an advocate appears before the Court. The same also
apply to regulate practice outside the Court. Adhering to such Ethics is integral to the administration of
justice. The professional standards laid down from time to time are required to be followed. Thus, we uphold
the view that practice of law includes litigation as well as non litigation.
RE: (ii)
“40. We have already held that practicing of law includes not only appearance in courts but also giving of
opinion, drafting of instruments, participation in conferences involving legal discussion. These are parts of
non-litigation practice which is part of practice of law. Scheme in Chapter-IV of the Advocates Act makes it
clear that advocates enrolled with the Bar Council alone are entitled to practice law, except as otherwise
provided in any other law. All others can appear only with the permission of the court, authority or person
before whom the proceedings are pending. Regulatory mechanism for conduct of advocates applies to non-
litigation work also. The prohibition applicable to any person in India, other than advocate enrolled under
the Advocates Act, certainly applies to any foreigner also.
RE: (iii)
"41. Visit of any foreign lawyer on fly in and fly out basis may amount to practice of law if it is on regular
basis. A casual visit for giving advice may not be covered by the expression 'practice'. Whether a particular
visit is casual or frequent so as to amount to practice is a question of fact to be determined from situation to
situation. Bar Council of India or Union of India are at liberty to make appropriate rules in this regard. We
may, however, make it clear that the contention that the Advocates Act applies only if a person is practicing
Indian law cannot be accepted. Conversely, plea that a foreign lawyer is entitled to practice foreign law in
India without subjecting himself to the regulatory mechanism of the Bar Council of India Rules can also be
not accepted. We do not find any merit in the contention that the Advocates Act does not deal with companies
or firms and only individuals. If prohibition applies to an individual, it equally applies to group of
individuals or juridical persons.
RE: (iv)
"42. It is not possible to hold that there is absolutely no bar to a foreign lawyer for conducting arbitrations in
India. If the matter is governed by particular rules of an institution or if the matter notherwise falls under
Section 32 or 33, there is no bar to conduct such proceedings in prescribed manner. If the matter is governed
by an international commercial arbitration agreement, conduct of proceedings may fall under Section 32 or
33 read with the provisions of the Arbitration Act. Even in such cases, Code of Conduct, if any, applicable to
the legal profession in India has to be followed. It is for the Bar Council of India or Central Government to
make a specific provision in this regard, if considered appropriate.
RE: (v)
“43. The BPO companies providing range of customized and integrated services and functions to its
customers may not violate the provisions of the Advocates Act, only if the activities in pith and substance do
not amount to practice of law. The manner in which they are styled may not be conclusive. As already
explained, if their services do not directly or indirectly amount to practice of law, the Advocates Act may not
apply. This is a matter which may have to be dealt with on case to case basis having regard to a fact
situation.
"44.
In view of above, we uphold the view of the Bombay High Court and Madras High Court in para 63
(i) of the judgment to the effect that foreign law firms/companies or foreign lawyers cannot practice
profession of law in India either in the litigation or in non-litigation side (Explanation-unless they fulfill the
requirement of the Advocates Act, 1961 and the Bar Council of India Rules), derived from conjoint reading
of The Madras High Court Judgment on 21.12.2012 in A.K. Balaji Versus Govt. of India and the Hon'ble
Supreme Court's Judgment dated 13.3.2018 disposing of the appeals in both matters in Bar Council of India
Vs. A. K. Balaji and Ors.).
We, however, modify the direction of the Madras High Court in Para 63(ii) that there was no bar for the
foreign law firms or foreign lawyers to visit India for a temporary period on a "fly in and fly out” basis for
the purpose of giving legal advice to their clients in India regarding foreign law or their own system of law
and on diverse international legal issues. We hold that the expression “fly in and fly out" will only cover a
casual visit not amounting to “practice”. In case of a dispute whether a foreign lawyer was limiting himself
to "fly in and fly out” on casual basis for the purpose of giving legal advice to their clients in India
regarding foreign law or their own system of law and on diverse international legal issues or whether in
substance he was doing practice which is prohibited can be determined by the Bar Council of India.
However, the Bar Council of India or Union of India will be at liberty to make appropriate Rules in this
regard including extending Code of Ethics being applicable even to such cases.
45. We also modify the direction in Para 63 (iii) that foreign lawyers cannot be debarred from coming to
India to conduct arbitration proceedings in respect of disputes arising out of a contract relating to
international commercial arbitration. We hold that there is no absolute right of the foreign lawyer to conduct
arbitration proceedings in respect of disputes arising out of a contract relating to international commercial
arbitration. If the Rules of Institutional Arbitration apply or the matter is covered by the provisions of the
Arbitration Act, foreign lawyers may not be debarred from conducting arbitration proceedings arising out of
international commercial arbitration in view of Sections 32 and 33 of the Advocates Act. However, they will
be governed by code of conduct applicable to the legal profession in India. Bar Council of India or the Union
of India are at liberty to frame rules in this regard.
46. We also modify the direction of the Madras High Court in Para 63(iv) that the B.P.O. Companies
providing wide range of customized and integrated services and functions to its customers like word
processing, secretarial support, transcription services, proof reading services, travel desk support services,
etc. do not come within the purview of the Advocates Act, 1961 or the Bar Council of India Rules. We hold
that mere label of such services cannot be treated as conclusive. If in pith and substance the services amount
to practice of law, the provisions of the Advocates Act will apply and foreign law firms or foreign lawyers
will not be allowed to do so."
10. During discussions and deliberations involving the Law Society of England & Wales, governmental
delegates from the United Kingdom, and the Secretary of the Department of Legal Affairs, Government of
India, it was noted that Indian lawyers and law firms are permitted to establish themselves in England and
Wales. They can practice Indian law, international law, and provide advice on English law. However, Indian
lawyers are generally restricted from engaging in six reserved activities as outlined in the regulatory
framework for foreign lawyers in the UK. These reserved activities include:(1) the right to
audience/appearing before a court, (2) conducting litigation, (3) performing reserved instrument activities
(such as drafting contracts for short leases, wills, agreements not intended to be executed as deeds, powers of
attorney, or conveyancing of property), (4) probate activities, (5) administering oaths, and (6) performing
notarial activities. The Bar Council/Bar Standards Board also allows a temporary call to the Bar for visiting
advocates handling a specific case or series of cases before English courts.
According to UK delegates, Indian lawyers only need to register as Registered Foreign Lawyers (RFL) if
they enter partnerships with solicitors of England and Wales but they primarily remain under the regulatory
authority of their Home Bar, i.e., the Bar Council of India.
Additionally, there is an established pathway for Indian advocates to requalify in England and Wales through
the Solicitors Qualification Examination (SQE). This process includes provisions to apply for eligible
exemptions, offering a structured approach for Indian lawyers to gain qualification as solicitors in the UK.
The Bar Council of India may also think of introducing some Qualifying Exam for the purpose of eligibility
and exemptions in similar manner, if it does not adversely effect the interest of Indian Lawyers/Law Firms
and the Government of India.
It is also to be noted that the Bar Council of India has entered into an MOU on 05.06.2023 with Bar Council
of England and Wales and Law Society of England and Wales for exchange programs of Lawyers between
both Jurisdictions. This strategic partnership aims to facilitate exchange programs for lawyers operating
under both jurisdictions. Through these exchange programs, legal professionals from India and the United
Kingdom will have the opportunity to share knowledge, expertise, and best practices in various areas of law.
These initiatives are designed to enhance cross border understanding of legal systems, provide exposure to
different judicial frameworks, and promote professional growth through collaboration and learning.
Such exchanges not only contribute to the professional development of individual lawyers but also strengthen
the bonds between the legal communities of the two nations, paving the way for future cooperation and
mutual benefits in the realm of international law and practice. This partnership emphasises the growing
importance of global legal networks in an increasingly interconnected world.
The Bar Council of India is also keen to progress on the idea of an MoU between the Bar Council of India,
the Government of India (through Ministry of Law and Justice) on one part and the Law Society of England
and Wales, Government of U.K., Bar Council of England and Wales, on the other.
The U.K. Delegates have also assured the Bar Council of India that the Authorities in U.K. are also keen and
interested in the means of collaboration, cooperation and joint practice between Indian advocates and UK
lawyers.
11. The time has come to make a decisive move on this issue. The Bar Council of India believes that opening up
the legal profession in India to foreign lawyers, limited to the practice of foreign law, handling diverse
international legal issues in non litigious matters, and participating in international arbitration cases will
meaningfully contribute to the growth of the legal domain in India, ultimately benefiting Indian lawyers as
well. It is noteworthy that the proficiency and standards of Indian lawyers are comparable to international
standards, and the legal fraternity in India will be in advantageous if law practice in India is opened to foreign
lawyers in a restricted, controlled, and regulated manner based on the principle of reciprocity. Such an
approach would be mutually beneficial for both Indian and foreign lawyers, and these rules represent a step
by the Bar Council of India in this direction.
These rules will also address concerns about encouraging Foreign Direct Investment (FDI) in India and
positioning the country as a hub for International Commercial Arbitration.
Many countries have already allowed foreign lawyers to practice foreign law, handle diverse international
legal issues, and engage in arbitration matters within their jurisdictions under restricted and well-defined
conditions.
12. Taking a comprehensive view, the Bar Council of India has resolved to implement these Rules, enabling
foreign lawyers and foreign law firms to practice foreign law, diverse international law, and international
arbitration matters in India on the principle of reciprocity, in a well-defined, regulated, and controlled
manner.
To achieve these objectives, the Bar Council of India has framed the Bar Council of India Rules for
Registration of Foreign Lawyers and Foreign Law Firms in India, 2022, which have been duly amended in
May 2025. These rules have been formulated under the rule-making powers conferred by clauses (d), (e),
(ic), (1), and (m) of sub-section (1) of section 7 and clauses (ah), (ag), (c), (e), and (h) of sub-section (1) of
section 49, read together with sections 24, 29, and 47 of the Advocates Act, 1961, and all other enabling
provisions.
CHAPTER-I
PRELIMINARY
1. Short title, extent and commencement.: –
(a) These Rules shall be called as the Bar Council of India Rules for registration and regulation of foreign
lawyers or foreign law firms in India, 2022.
(b) These Rules shall come into force in whole of India as soon as notified in the official Gazette.
2. Definitions :-
(i) 'Act' means The Advocates Act, 1961 as amended from time to time.
(ii) The definitions of different terms as given in the Act shall apply to these Rules as well.
(iii) "Foreign Lawyer" means any individual, law firm, limited liability partnership (LLP), company,
corporation, or any other legal entity, by whatever name called or described, that is authorized to practice law
under the regulatory framework of a foreign country. This includes engaging in non-litigious practice of law
in India, such as legal consultancy, legal documentation, representation in arbitration proceedings, and other
non-litigious legal activities related to foreign law and international law.
A Foreign Lawyer intending to practice law in India must comply with the registration and regulatory
requirements prescribed by the Bar Council of India under applicable laws. Such registration may be subject
to reciprocal recognition of foreign qualifications in law under conditions prescribed by the Bar Council of
India, including equivalence of qualifications, qualifying examinations, and restrictions on litigious legal
practice in India.
(iv) (a) Indian Advocate/Lawyer refers to a person who is duly enrolled as an Advocate under the Advocates
Act, 1961, on the rolls of any State Bar Council in India. Indian Lawyers are authorized to practice law
before courts, tribunals, statutory authorities, and quasi judicial bodies, as well as to engage in non litigious
legal activities, including legal consultancy, documentation, and advisory, subject to the rules and regulations
framed by the Bar Council of India and respective State Bar Councils.
Explanation:
A citizen of a foreign country who has obtained a degree in law from an Indian university recognized by the
Bar Council of India under the Advocates Act, 1961, shall not automatically acquire the right to practice law
in India. Such entitlement is subject to approval by the Bar Council of India and may include conditions such
as mandatory qualifying examinations or restrictions to non-litigious legal practice areas, such as
consultancy, advisory, and drafting. The right to represent clients in courts, tribunals, or quasi-judicial bodies
shall remain restricted unless explicitly permitted by the Bar Council of India.
These measures ensure the integrity and high standards of the Indian legal profession, while accommodating
foreign citizens to contribute meaningfully within a limited and regulated framework.
(b) An Indian Advocate/Lawyer who seeks registration as a foreign lawyer, by virtue of enrollment
under the Advocates Act, 1961, and who is additionally registered as a foreign lawyer as referred to in
section 9 (2) of these rules, with the Bar Council of India, retains all the rights, interests, and privileges
conferred upon advocates under the Advocates Act. This includes the right to practice law in both litigious
and non-litigious areas, subject to the following principles.
(i)
While registered as a foreign lawyer, the Indian advocate continues to function under the privileges
and obligations of an advocate enrolled in India under Section 29 of the Advocates Act, 1961. This
ensures their unrestricted ability to represent clients in litigation before Indian courts, tribunals, and
other adjudicatory forums.
(ii)
As a foreign lawyer, the Indian advocate gains the additional ability to engage in non-litigious legal
practices concerning foreign law, international law, and arbitration matters, as permitted under Rule
8 and related regulations.
(iii)
Registration as a foreign lawyer does not in any way limit or diminish the Indian advocate's rights
to practice law under Indian laws, including the right to appear before courts or engage in other
litigious activities, as guaranteed by their enrollment under the Advocates Act.
(iv)
Indian advocates registered as foreign lawyers are subject to the regulatory oversight of the Bar
Council of India in all aspects of their legal practice, whether in their capacity as Indian advocates or
as foreign lawyers.
(v) Foreign Law Firm means any entity, including a partnership, LLP, company, or corporation, by whatever
name called, that engages in legal work and is authorized to practice law under the laws of its home
jurisdiction. Foreign Law Firms intending to operate in the legal arena in India, particularly in non- litigious
areas such as foreign law and international law consultancy, documentation, and arbitration, must register
with the Bar Council of India and comply with all applicable regulations governing the practice of law in
India.
Such firms may be subject to specific conditions, including reciprocal recognition of qualifications,
restrictions on the scope of practice, and compliance with rules governing foreign participation in the Indian
legal sector.
Foreign Law Firm refer to entities and individuals practicing exclusively in non-litigious areas as defined
under Rule 8, unless explicitly allowed by the Bar Council of India to undertake additional activities in
accordance with Indian laws.
(vi) (a) Indian Law Firm refers to a partnership, limited liability partnership (LLP), private company, or other legal
entity recognized under Indian law, whose members, partners, or shareholders are exclusively Indian
Lawyers enrolled under the Advocates Act, 1961. Indian Law Firms may engage in the practice of law,
including but not limited to, Legal consultancy and advisory, drafting and vetting of legal documents and
instruments, representation in litigation, arbitration, mediation, and other dispute resolution forums,
Providing legal training or conducting legal research and may do any other legal work as authorized under
Indian law
Indian Law Firms operating across multiple states must register with the Bar Council of India, while those
operating within a specific state must register with the respective State Bar Council.
(b) An "Indian-Foreign Law Firm refers to any Indian legal entity, including but not limited to a
partnership, Limited Liability Partnership (LLP), company, or corporation, that engages in legal work and is
authorized to practice law under the laws of India. Such firms may additionally register under the category of
Indian-Foreign Law Firm as permitted by the Bar Council of India, thereby gaining rights similar to those
conferred upon individual Indian advocates registered as foreign lawyers. Indian-Foreign Law Firms
intending to operate in the legal arena, particularly in non-litigious areas such as foreign law and international
law consultancy, documentation, and arbitration, must adhere to specific principles.
Indian-Foreign Law Firms must register with the Bar Council of India under the applicable regulations.
Registration enables such firms to engage in legal practices in both Indian and foreign law, ensuring
compliance with the framework governing the Indian legal sector. These firms are permitted to engage in
non-litigious legal practices concerning foreign law, international law, and arbitration matters, as defined
under Rule 8 and related regulations. Additionally, they retain the unrestricted ability to practice Indian law,
including representing clients in litigation before Indian courts, tribunals, and other adjudicatory forums.
The operation of Indian-Foreign Law Firms in foreign jurisdictions may be subject to reciprocal recognition
of qualifications and compliance with rules governing Indian participation in those jurisdictions. Within
India, these firms must adhere to regulations ensuring the integrity and professionalism of the legal sector.
They are subject to the regulatory supervision of the Bar Council of India in all aspects of their practice,
whether concerning Indian or foreign legal matters. This supervision ensures compliance with ethical
standards, professional conduct, and rules governing litigious and non-litigious practices.
Indian-Foreign Law Firms retain full rights to practice Indian law, including litigious activities such as
appearing before courts, tribunals, and other adjudicatory forums, as conferred upon them by their
registration under the Advocates Act, 1961. Additionally, these firms gain the ability to provide advisory on
foreign law and international law, offer legal documentation and consultancy related to cross-border
transactions, and represent clients in arbitration proceedings involving foreign or international law.
Registration as an Indian-Foreign Law Firm does not in any way limit or diminish the rights, privileges, and
obligations conferred upon such firms under Indian law. Instead, it enhances their ability to engage in non-
litigious areas of practice involving foreign jurisdictions, thereby expanding their professional scope.
Indian legal firms registered under this category enjoy the same rights and privileges as Indian advocates
registered as foreign lawyers, ensuring parity and promoting global professional opportunities for Indian
legal practitioners. In conclusion, the creation of the Indian-Foreign Law Firm category facilitates
professional advancement for Indian legal entities, enabling them to operate seamlessly in both Indian and
international legal arenas while maintaining strict compliance with regulatory standards.
(vii) For the purposes of these Rules, the term 'partnership' shall mean a formal legal partnership or equivalent
association governed by a legal agreement. Indian lawyers or Indian law firms not registered under these
Rules shall not enter into such partnerships with foreign lawyers or foreign law firms but may collaborate
through referral arrangements or engagement contracts for consultancy and advisory.
(viii) Foreign Country means any country that is recognized as such by the Government of India. In the case of a
foreign country with a federal structure of governance, the term includes any constituent state or province
thereof, provided that such a constituent state or province has its own justice-delivery system and a distinct
class of persons or entities entitled to practice law under the applicable laws of that country.
(ix) Country of Primary Legal Qualification means the foreign country where a the concerned foreign lawyer
has obtained the requisite legal qualifications and is authorized or entitled to practice law in accordance with
the legal and regulatory framework of that country.
(x) Foreign Law means the body of law, including statutes, regulations, judicial precedents, or other legal
principles, that is or was in effect in a foreign country where an individual has obtained their primary legal
qualifications or where the law is otherwise applicable. Foreign Law encompasses the legal framework
governing entities, persons, and activities within that foreign jurisdiction.
(xi) International law refers to the body of rules, principles, and norms that govern the relationships and
interactions between sovereign states, international organizations, and other recognized entities on a global
level. It includes public international law, which addresses matters such as treaties, human rights, and
territorial sovereignty, private international law, which deals with conflicts of laws and jurisdiction, and
customary international law, which arises from the consistent and general practice of states accepted as
legally binding. International law is derived from treaties, conventions, international agreements, customs,
judicial decisions, and recognized scholarly writings.
(xii) Competent Authority of the Foreign Country means the government, a statutory authority, a Bar Council,
a legally authorized association, or any other legally recognized and constituted body, by whatever name
called or described, that is vested with the authority under the laws of the respective foreign jurisdiction to
grant, regulate, or oversee the license, qualification, or permission to practice law.
Such an authority must operate in accordance with the legal and regulatory framework of that country and
should be recognized by the relevant legal institutions as competent to certify legal practitioners, regulate
their conduct, or enforce compliance with the standards of the legal profession within that jurisdiction.
(xiii) International Commercial Arbitration refers to alternative method of resolving disputes concerning
commercial or monetary transactions conducted in India, where at least one of the parties involved is an
individual who is a citizen of a foreign country, a firm, corporation, or business entity incorporated or having
its registered address, principal office, or head office in a foreign country, or a party, including Indian
citizens or entities, seeking resolution of disputes involving foreign law, international law, or cross-border
commercial interests.
(xiv) International Arbitration Case means an arbitration proceeding conducted in India concerning a
commercial or monetary matter, where at least one of the parties is an individual who is a citizen of a foreign
country, a firm, corporation, or business entity incorporated or having its registered address, principal office,
or head office in a foreign country, including entities with branch or regional offices in India, or a party
seeking resolution of disputes involving foreign law, international law, or legal issues arising from cross
border transactions or relationships
(xv) "Foreign Client" means any individual who is a citizen of a foreign country, any firm, corporation, or
business entity incorporated or having its registered office/head office in a foreign country, including entities
with branch or regional offices in India, or any person, including Indian citizens or entities, who seeks
advice, consultation, on legal issues on matters pertaining to foreign law and/or international law within the
jurisdiction of India.
CHAPTER-II
Registration as Foreign Lawyers and Foreign Law Firms- Scope, Conditions, and Limitations for Practicing
Law in India
3. Registration of foreign lawyers or foreign law firms and eligibility criteria there for:-
(1) A foreign lawyer or foreign law firm shall not be permitted to practice law in India unless registered with the
Bar Council of India under these Rules. This applies to Indian Advocates and Indian Law Firms seeking
registration as Foreign Lawyer and Foreign Law Firm as per applicable rules hereinunder
Provided that this prohibition shall not apply to the practice of law by a foreign lawyer or foreign law firm
conducted on a "fly-in, fly-out" basis, subject to the following conditions.
(a) Such practice is strictly limited to providing legal advice to clients in India concerning foreign law, the
foreign lawyer's own legal system, or diverse international legal issues, and must not amount to "practice" as
defined under Indian law.
(b) The engagement or expertise of the foreign lawyer or foreign law firm must be procured by the client either
in a foreign country or in India.
(c) The foreign lawyer or foreign law firm must not establish, operate, or maintain any office, infrastructure, or
regular presence in India for the purpose of such legal practice.
(d) The total duration of such practice in India shall not exceed 60 days in
aggregate within any 12-
month period. The 60-day aggregate period shall be calculated as consecutive calendar days,
commencing from the first day of arrival in India, irrespective of any interim departures and subsequent
re-entry into India.
(e) In case of any dispute regarding whether the foreign lawyer's activities qualify as permissible "fly-in, fly-out"
practice or constitute prohibited "practice" under Indian law, the matter shall be determined by the Bar
Council of India.
(f) All rules and regulations that apply to registered foreign lawyers and registered foreign law firms to govern
their activities including extending the applicability of the Code of Ethics to foreign lawyers and foreign law
firms engaging in "fly-in, fly-out" practice except where explicitly exempted under these rules.
(2) Right to practice law in the concerned 'foreign country of the primary qualification' shall be the primary
qualification for practicing law in India under these rules. Furthermore, if the foreign lawyer or foreign law
firm (including Indian Lawyer or Indian-Foreign Law Firm seeking registration/registered as Foreign Lawyer
or Foreign Law Firm) seeks to practice the foreign law of other jurisdictions and/or international law, they
must possess the requisite qualifications and authorization to practice in those respective jurisdiction and
areas of law.
CHAPTER-III
APPLICATIONS FOR REGISTRATION, RENEWAL OF REGISTRATION, AND MATTERS
CONNECTED WITH LAW PRACTICE IN INDIA AS FOREIGN LAWYERS AND FOREIGN LAW FIRMS
4. Application for Registration
A foreign lawyer or foreign law firm, including Indian lawyers or Indian-foreign law firms seeking
registration/registered as Foreign Lawyers or Foreign Law Firms, may apply for registration under these rules
in 'FORM A' appended to these Rules along with the registration fee and guarantee amount either in person
or through post, courier, etc. This application and fee may also be submitted online by way of IMPS, NEFT,
RTGS, SWIFT, or Telegraphic Transfer (TT), etc.
Such an application shall also be accompanied by non-refundable process charges of such an amount as may
be fixed by the Bar Council of India from time to time. This application shall be addressed to the designated
officer of Bar Council of India, and shall be accompanied by the following documents:
(a) A certificate from the Government of India (Ministry of Law & Justice and Ministry of External Affairs
and Trade), or any other authority or officer authorized by the Union Government in this regard, stating
that an effective legal system exists in the concerned foreign country of the primary qualification and in
other foreign countries whose laws the applicant wishes to practice, and that there is no objection to the
applicant being registered under these Rules. However, the Bar Council of India may, as deemed
necessary, seek information from the departments or ministries of foreign countries and may also directly
communicate with any foreign government or authority to obtain such information when required.
(b) A detailed statement specifying the foreign jurisdiction(s) in which the foreign lawyer, and/or foreign
law firm, intends to practice, including the areas of foreign law and international law.
(c) A certificate from the Competent Authority of the concerned foreign country of primary qualification
and of all foreign countries whose laws the applicant wishes to practice certifying that the applicant is
entitled to practice law in those countries.
(d) A certificate from the Government of the foreign country of primary qualification and of all foreign
countries whose laws the applicant wishes to practice, or from a competent authority thereof, certifying
that advocates enrolled under the Advocates Act, 1961 are permitted to practice law in those countries in
a manner and to the extent comparable to the law practice permitted under these Rules, along with copies
of the relevant Laws and Rules.
(e) A certificate from the competent authority of the concerned foreign country of primary qualification, or
any other competent authorities, courts, bar associations, bar councils, etc., stating that the applicant has
been in practice in that country. (Not Applicable for Indian Advocates or Indian Law Firms who
seek registration as Foreign Lawyers or Foreign Law Firms.)
(f) A certificate from the competent authority of the concerned foreign country of primary qualification
stating 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. (Not Applicable for Indian
Advocates or Indian Law Firms who seek registration as Foreign Lawyers or Foreign Law Firms.)
(g) A certificate of the competent authority of the concerned foreign country of primary qualification and of
all foreign countries whose laws the applicant wishes to practice providing details of the fee structure
and other amounts chargeable from an advocate enrolled under the Advocates Act, 1961, for enabling
them to practice law in those countries along with relevant Rules and Laws.
(h) A No Objection Certificate from the competent authority of the concerned
foreign country of primary
qualification stating that it has no objection to the applicant practicing law in India and confirming that
the applicant enjoys a good standing in the Bar. (Not Applicable for Indian Advocates or Indian Law
Firms who seek registration as Foreign Lawyers or Foreign Law Firms.)
(i) A declaration on affidavit stating that the applicant has not been convicted of any offence and has not
been subjected to any adverse order in any disciplinary matter. (In case the applicant has been convicted
or subjected to an adverse order, copies of the relevant attested conviction/adverse order, along with
other related documents such as appeal and stay, if any, or details of the sentence/fine suffered/paid,
must be annexed).
(j) A declaration on affidavit stating that the applicant has no objection and consents to the Bar Council of
India conducting inquiries or investigations, either on its own or through such government or non-
government investigating agencies, 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.
(k) An undertaking on oath stating that the applicant shall not practice Indian law in any form or appear
before any court of law, tribunal, board, or any other authority legally entitled to record evidence on
oath. (Not Applicable for Indian Advocates or Indian Law Firms who seek registration as Foreign
Lawyers or Foreign Law Firms.)
(1) Details of existing or proposed partnerships with foreign lawyers or foreign law firms, including
partnerships with Indian lawyers or Indian law firms seeking registration as Foreign Lawyers or Indian-
Foreign Law Firms, including terms of such collaborations. Indian lawyers or law firms not registered as
Foreign Lawyers or Foreign Law Firms under these Rules may only receive referred work but shall not
enter into formal partnerships."
(m) A declaration on oath stating that the applicant shall not be entitled to, and shall not claim, any interest
on the guarantee amount deposited by the applicant with the 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 towards penalties and costs that may be awarded by the Bar Council of India under the
provisions of these Rules.
(n) A declaration on oath stating that the applicant fully understands and acknowledges that upon
registration under these Rules, the Rules made thereunder, mutatis mutandis, apply to them in respect of
their practice in India, and that they are subject to the jurisdiction of the Bar Council of India in relation
to such practice.
(o) Details of existing or proposed partnerships with foreign lawyers or foreign law firms, including
partnerships with Indian lawyers or Indian law firms seeking registration as Foreign Lawyers or Indian-
Foreign Law Firms, including terms of such collaborations.
Additional Documentation Required from Indian Lawyers and Indian Law Firms seeking registration
as Foreign Lawyers or Foreign Law Firms
(p) A certificate of enrollment under the Advocates Act, 1961, issued by the respective State Bar Council,
along with proof of active practice for a minimum of five years.
(q) A certificate of good standing from the respective State Bar Council confirming the absence of
disciplinary action or adverse professional records.
(r) A detailed statement specifying the foreign jurisdiction(s) in which the Indian lawyer or Indian Law firm
seeking registration as a Foreign Lawyer and Foreign Law Firm intends to practice, including the areas
of foreign law and international law.
(s) Proof of reciprocal treatment confirming that Indian lawyers or law firms are permitted to practice in the
target foreign jurisdiction under comparable conditions.
(t) A certificate of no objection from the relevant foreign jurisdiction's competent authority permitting the
Indian lawyer or firm to practice law there.
(u) Details of existing or proposed partnerships with foreign lawyers or Foreign law firms, including terms
of such collaborations.
(v) Documentation of fee structures applicable to Indian lawyers or law firms practicing in the foreign
jurisdiction to ensure reciprocity.
(w) An undertaking to comply with applicable foreign laws and the regulations of the Bar Council of India,
along with adherence to ethical and professional conduct norms in the foreign jurisdiction.
(x) An affidavit declaring the absence of any prior disciplinary actions or providing details if applicable.
(y) A declaration on affidavit stating that the applicant shall restrict their foreign practice to non-litigious legal
practices, unless otherwise authorized.
VALIDITY OF REGISTRATION AND RENEWAL OF REGISTRATION
5. Validity of Registration and Renewal of Registration
(1) The registration granted under these Rules shall be valid for a period of five (5) years only. Indian lawyers or
Indian law firms registered as Foreign Lawyers or Foreign Law Firms, and foreign lawyers or foreign law
firms registered under these Rules, would be required to renew their registration by filing an application for
renewal in "Form B” within six months before the expiration of such validity.
(2) The renewal application may be submitted in “Form B” appended to these Rules, along with the renewal fee,
either in person or through post, courier, or online as may be made available.
(3) This application for renewal shall be addressed to the designated officer of the Bar Council of India and shall
be accompanied by the following documents:
Renewal Documents Required from Foreign Lawyers and Foreign Law Firms
(a) A certificate from the Government of India (Ministry of Law & Justice and Ministry of External Affairs and
Trade), or such other authority or officer authorized in this regard, stating that an effective legal system
continues to exist in the concerned foreign country of the applicant's primary qualification and other
countries whose laws the applicant practices, and that there is no objection to the renewal of registration for
the applicant.
(b) A detailed statement specifying the foreign jurisdiction(s) in which the foreign lawyer and/or foreign law
firm intends to continue practicing, including areas of foreign law and international law.
(c) A certificate from the Competent Authority of the concerned foreign country of primary qualification and all
other foreign countries whose laws the applicant practices, certifying that the applicant continues to be
entitled to practice law in those countries since the initial registration under these Rules.
(d) A certificate from the Government of the foreign country of primary qualification or a competent authority
thereof certifying that advocates enrolled under the Advocates Act, 1961 continue to be permitted to practice
law in those countries in a manner and to the extent comparable to the law practice permitted under these
Rules, along with copies of the relevant laws and rules.
(e) A certificate from the competent authority of the concerned foreign country of primary qualification stating
that no proceedings of professional or other misconduct have been filed or are pending either before it or
before any other authority competent to entertain and decide such proceedings since the initial registration
under these Rules.
(f) A No Objection Certificate from the competent authority of the concerned foreign country of primary
qualification stating that it has no objection to the applicant continuing to practice law in India under these
Rules.
(g) 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 after registration under these Rules. In case of any conviction or
adverse order, attested copies of the relevant order, along with all related documents pertaining to the matter,
including details of any appeal filed, stay granted, or sentence imposed/fine paid, must be annexed.
(h) A declaration on affidavit stating that the applicant has no objection and consents to the Bar Council of India
making inquiries and conducting investigations, either on its own or through government or non-government
investigating agencies, as it may deem fit, to verify the veracity of the particulars disclosed by the applicant
in the application for renewal and the genuineness of the documents annexed.
(i) Documentation of the fee structures applicable to Indian lawyers or law firms practicing in the applicant's
foreign jurisdiction to ensure reciprocity.
(j) An undertaking to comply with the applicable foreign laws and the regulations of the Bar Council of India,
along with adherence to ethical and professional conduct norms in both Indian and foreign jurisdictions.
(k) Details of existing or proposed partnerships with foreign lawyers or foreign law firms, including partnerships
with Indian lawyers or Indian law firms registered under these Rules as Foreign Lawyers or Indian-Foreign
Law Firms, along with terms of such collaborations. Indian lawyers or Indian law firms not registered under
these Rules may only continue to receive referred work but shall not enter into formal partnerships.
Renewal Documents Required from Indian Lawyers and Indian Law Firms Registered as Foreign Lawyers
or Foreign Law Firms
(1) A certificate of enrollment under the Advocates Act, 1961, issued by the respective State Bar Council, along
with proof of active practice for the past five years.
(m) A certificate of good standing from the respective State Bar Council, confirming the absence of disciplinary
action or adverse professional records.
(n) Proof of reciprocal treatment, confirming that Indian lawyers or law firms are permitted to continue
practicing in the target foreign jurisdiction under conditions comparable to those offered to foreign lawyers
or law firms in India.
(o) A certificate of no objection from the relevant foreign jurisdiction's competent authority, permitting the
Indian lawyer or law firm to continue practicing law in that jurisdiction.
(p) An undertaking to comply with the regulations of the Bar Council of India, along with adherence to ethical
norms in the foreign jurisdiction.
(q) An affidavit declaring the absence of any prior disciplinary actions or convictions. In case of prior
disciplinary actions, details must be disclosed, including copies of relevant orders, appeals, and outcomes.
(r) A declaration on affidavit stating that the applicant shall restrict their foreign practice to non-litigious legal
practices, unless otherwise authorized.
(4) The Bar Council of India may refuse to renew the registration of any foreign lawyer, foreign law firm, Indian
lawyer, or Indian law firm if, in its opinion, the number of foreign lawyers or foreign law firms registered in
India becomes disproportionate to the number of Indian lawyers or law firms permitted to practice law in the
corresponding foreign country.
(5) To maintain balance, ensure complete reciprocity, and protect the interests of Indian lawyers or law firms, the
Bar Council of India may limit the number of renewals or impose additional conditions for renewal.
6. Registration and renewal fee and guarantee amount:-
(A) After receipt of such an application, the Bar Council of India or a committee constituted by the Council for
this purpose, shall examine the application, and conduct an enquiry regarding the genuineness of it's contents
and the documents attached with the application. The Council shall also examine the relevant Laws, Rules
and practices to ascertain the truth about the reciprocity with the concerned foreign country/ies. And after
such examination and enquiry, if the application is found to be fit for registration, the Council shall issue a
Certificate of Registration with a unique Registration Number.
(B) The Council will inform the Government of India (through the Ministry of Law and Justice) promptly after
such registration and shall also forward a copy of such Registration certificate.
(C) In the matter of Registration, the Designated Advocates viz Senior Advocates (by whatever title or
designation they hold in the relevant foreign country), such advocates shall be accorded preference, similar to
the rights and privileges of Senior or Designated Advocates as outlined under Section 23 of the Advocates
Act, 1961.
(D) An application for registration or renewal of registration must be accompanied by a registration or renewal
fee. This fee shall be equivalent to the fee and other charges imposed in the foreign country of primary
qualification on an advocate enrolled under the Advocates Act for registration or permission to practice law
in that country. However, if the equivalent fee is less than the amount specified in the schedule, the fee as per
the schedule shall prevail. Conversely, if the equivalent fee is greater than the amount specified in the
schedule, the higher equivalent fee shall apply. The schedule may be updated or amended from time to time.
(E) The Security deposit shall be returnable to the foreign lawyer or Foreign Law Firm when he/it voluntarily
terminates foreign law practice in India or when its/his registration expires or when his registration is
cancelled permanently but Bar Council of India shall be entitled to adjust and deduct amounts equivalent to
the penalty and costs imposed by it on it/him under these rules from this Security deposit in case it/he omits
to pay. The security deposit shall be refundable to the foreign lawyer or foreign law firm upon voluntary
termination of their practice of foreign law in India, upon the expiration of their registration, or in the event
of permanent cancellation of their registration. However, the Bar Council of India reserves the right to adjust
and deduct amounts equivalent to any penalties or costs imposed under these from the security deposit if such
penalties or costs remain unpaid by the foreign lawyer or foreign law firm.
(F) The Security deposit shall be maintained by the Bar Council of India under a separate Head account, and the
interest accruing on it shall be utilized to meet the expenses associated with the due implementation and
management of these Rules.
7. Disposal of applications for registration and renewal:-
The Bar Council of India may approve the application for registration or renewal filed under these rules, if it
is satisfied that the application is supported by all the relevant documents, fulfills all the conditions as
required under these Rules and the applicant is not subject to any criminal or disciplinary proceedings that
would render applicant unsuitable for practicing law in India under these rules. Additionally, the applicant's
country of primary qualification must allow advocates enrolled under the Advocates Act, 1961, to practice
law in that country in a manner and to the extent comparable to the practice permitted under these Rules,
ensuring adherence to the principle of reciprocity. The principle of reciprocity shall also include the right of
the Bar Council of India to verify that Indian lawyers or Indian law firms are not subjected to unfair
discrimination or denial of similar privileges in the applicant's country of primary qualification.
However, the Bar Council of India may not reject an application for registration/renewal unless a reasonable
opportunity of being heard has been afforded to the applicant Advocate or Law Firm. In the event of rejection
of application for registration/renewal, the registration fee/renewal fee/guarantee amount deposited by the
applicant shall be returned to him after adjusting and deducting such amounts as are recoverable by the Bar
Council of India under these Rules or as administrative expenses as deemed fit by Bar Council of India.
Provided that the Bar Council of India may, hold consultation with the Government of India through the
Ministries of Law and Justice, or any other ministry if the same is deemed necessary in a particular case, to
ensure that the applicant fulfills all the relevant requirements and conditions as laid down by these Rules. The
Bar Council of India may also seek the opinion of the Hon'ble Chief Justice of India or any sitting Judge of
Supreme Court, the Union Minister of Law & Justice and / or the Union Minister for Foreign Affairs, or any
other Union Minister any other Senior Advocate or Jurist or the Bar Council of India may place the matter
before Advisory Board of Bar Council of India for the Development of Legal Education & Legal Profession
on any issue relating to registration, renewal, or cancellation of registration of any foreign lawyer or foreign
law firm or their area(s) of practice it deems fit and proper.
However, Bar Council of India shall be the final authority in all these matters.
Provided that the aforesaid registration and renewal thereof shall not, in any way, entitle the foreign lawyer
or foreign law firm to have free and unregulated entry and stay in India for which it/he remains governed by
the Indian Law and lawful orders/instructions issued by the Government of India, State Governments,
statutory bodies or any other competent authorities in India from time to time.
Provided further that the government of India shall have the right to recommend cancellation of the aforesaid
registration or renewal at any time on the ground of national security or if it is of the opinion that such
registration or renewal is against the National interest, or for any other valid ground.
Provided further that the Bar Council of India may seek information from the Government of India through
Ministry of Law and Justice or any other Ministries of Union Government about the existence of an effective
legal system in the concerned foreign country/ies and also about the existence of any unfair discrimination in
the matter of law practice by Indian advocates in those country/ies and Bar Council of India may initiate
proceedings for cancellation of registration or for cancellation of renewal of registration in case government
of India certifies, either on its asking or otherwise, that an effective legal system no longer exists in the
concerned foreign country/ies and that Indian Lawyers are being subjected to unfair discrimination there.
CHAPTER-IV
LAW PRACTICE BY FOREIGN LAWYERS & FOREIGN LAW FIRMS
8. Law practice by a foreign lawyer and/or foreign Law Firm, it's nature and extent thereof:-
(1) A foreign lawyer or Law firm registered under rules shall be entitled to practice law in India in non-litigious
matters only, subject to such exceptions, conditions and limitations as are laid down under these Rules. Such
a lawyer shall be deemed to be an advocate within the meaning sections 29, 30 and 33 of the Act qua such
acts and deeds as are envisaged or permitted to be performed by him under these Rules as a foreign lawyer.
However, a foreign Lawyer or Foreign Law Firm shall not be subject to proceedings under Chapter V of the
Advocates Act; rather in case of any substantive misconduct, the Bar Council of India may cancel the
registration of such Foreign Lawyer or Foreign Law Firm as the case may be.
(2) (a)
The areas of practice for foreign lawyers and foreign law firms in India shall be determined and laid
down by the Bar Council of India. If deemed necessary, the Bar Council of India may consult the
Government of India, Ministry of Law and Justice in this regard.
(b) Foreign lawyers and foreign law firms are strictly prohibited from appearing before Indian courts,
tribunals, or other statutory or regulatory authorities unless explicitly permitted by the Bar Council
of India or as provided under these Rules.
(c) Foreign lawyers and foreign law firms are prohibited from performing the following activities
i. Conveyancing of property, title investigation, or similar work.
ii. Drafting, preparing, or filing documents for proceedings before Indian courts, tribunals, or other
authorities empowered to record evidence on oath.
(d) Prohibited activities listed under these Rules shall be enforceable through penalties, including
suspension or cancellation of registration, as prescribed under Rule 10.
(e) The practice of law by a foreign lawyer or foreign law firm in India shall be limited to non-litigious
areas involving foreign law and/or international law. Permissible areas of practice include
(i) Engaging in corporate legal matters such as joint ventures, mergers and acquisitions,
intellectual property matters, drafting of contracts, and other related transactional work,
provided such work is on a reciprocal basis.
(ii) Representing clients in both institutional and ad hoc international arbitration cases
conducted in India provided such representation does not contravene the provisions of
these Rules or the Advocates Act, 1961. Such clients may include individuals, firms,
companies, corporations, trusts, or societies with their principal office or address in a
foreign country. These arbitration cases may involve foreign law, international law, or the
laws of jurisdictions other than the lawyer's home country.
(iii) Providing legal advice and opinions concerning the laws of their country of primary
qualification, international law, and the foreign laws of jurisdictions other than the country
of primary qualification.
(iv) The practice of law by foreign lawyers or foreign law firms in India shall further include
the following specific areas
(a) Providing legal advice, conducting transactions, and giving opinions on the laws
of their country of primary qualification, international law, and the foreign laws of
other jurisdictions.
(b) Representing clients in international arbitration cases conducted in India. Such
clients may include individuals, firms, companies, corporations, trusts, or societies
with their principal office or address in a foreign country. These arbitration cases
may involve foreign law, international law, or a combination thereof.
(c) Providing legal expertise and advice, and appearing as a lawyer for
(i) Entities having a principal office or address in the foreign country of
their primary qualification or any other foreign country.
(ii) Entities or individuals seeking advice or assistance related to foreign law
of any country and/or international law, in proceedings before bodies
other than courts, tribunals, boards, or statutory authorities that are not
legally empowered to record evidence on oath. Such work must involve
essential knowledge of foreign law of the country of primary
qualification, as well as international law and the foreign laws of other
jurisdictions involved.
(v) Providing legal expertise and advice concerning the laws of their country of primary
qualification, as well as international law and foreign laws of other jurisdictions. This
excludes representation or preparation of documents for submission to Indian courts,
tribunals, or other forums empowered to record evidence on oath, or the preparation of any
petitions, documents, or pleadings to be submitted to such forums regarding procedural
matters.
3. Indian advocates enrolled with any State Bar Council and working as partners or associates in foreign law
firms registered in India under these rules may engage in non litigious matters, including advisory work
related to foreign law or international law. They may also represent clients in international arbitration forums
or international law courts as referred by their respective foreign law firms. Such advocates shall not claim
any additional rights or privileges solely based on their enrollment as advocates in India when practicing
through foreign law firms. However, Indian advocates and partners in such law firms, in accordance with
their enrollment rights and privileges to practice law in Indian courts, may take up matters referred by their
respective foreign law firms, provided such matters fall within the scope of Indian law and the advocate's
permissible area of practice.
4. Foreign lawyers and foreign law firms intending to practice law in India must register with the Bar Council
of India under applicable rules and regulations and comply with the conditions laid down for reciprocal
recognition of foreign qualifications, including equivalence of qualifications, qualifying examinations, and
restrictions on litigious practice.
5. Foreign lawyers and foreign law firms may engage in the practice of law in India on a "fly-in, fly-out" basis
without registration, subject to the following conditions:
(i) Such practice is strictly limited to providing legal advice to clients in India concerning foreign law, the
foreign lawyer's own legal system, or diverse international legal issues, and must not amount to
"practice" as defined under Indian law.
(ii) The engagement or expertise of the foreign lawyer or foreign law firm must be procured by the client
either in a foreign country or in India.
(iii) The foreign lawyer or foreign law firm must not establish, operate, or maintain any office,
infrastructure, or regular presence in India for the purpose of such legal practice.
(iv) The total duration of such practice in India shall not exceed 60 days in
aggregate within any 12-
month period. The 60-day aggregate period shall be calculated as consecutive calendar days,
commencing from the first day of arrival in India, irrespective of any interim departures and subsequent
re-entries during the 12-month period.
(v) Furthermore, any declaration of Fly-In Fly-Out practice in Form-C must clearly specify the nature of
work, legal areas involved, client details, and jurisdictions. Additionally, it must be expressly stated
that the practice is limited to legal consultancy on foreign law, international law, and arbitration,
without constituting practice of Indian law.
(vi) In case of any dispute regarding whether the foreign lawyer's activities qualify as permissible "fly-in,
fly-out" practice or constitute prohibited "practice" under Indian law, the matter shall be determined by
the Bar Council of India.
(vii) All rules and regulations that apply to registered foreign lawyers and registered foreign law firms,
including the applicability of the Code of Ethics to govern their activities, shall also apply to foreign
lawyers and foreign law firms engaging in "fly-in, fly-out" practice, except where explicitly exempted
under these rules.
Any Foreign Lawyer or Law Firm shall be required to inform the Bar Council of India before its arrival in India
and shall also intimate about the details of the work and its duration of its stay in India.
9. Incidental matters regarding the opening of law offices in India, entering into partnerships, procuring other legal expertise/advise etc. in connection with the practice of law in India.:-
A registered foreign lawyer or foreign Law Firm shall be entitled to do the following things in connection
with the practice of law in India:
(i) Open a law office or offices in India for carrying on law practice in India as mentioned in Rule 8 of
these Rules, subject to the condition that the Bar Council of India shall be kept informed of the
particulars of such. office(s), including the postal address, the name of the owner/lessee of the
property where the office(s) are located and the documents enabling and entitling the foreign lawyer
or law firm to occupy it
(ii) Engage and procure legal expertise/advise of one or more Indian Advocates Registered as foreign
lawyers and/ or Indian-Foreign Law Firm/s registered as Foreign Law Firm
(iii) To procure the legal expertise/advise of any Advocate enrolled with any State Bar Council in India
on any subject relating to Indian Laws. However, such registered foreign lawyer or foreign Law
Firm shall not be entitled to appear before any Indian Court, Tribunal or any other statutory forum
except for the matters mentioned under provision of Rule 8 of these Rules.
(iv) Indian lawyers or Indian law firms may enter into partnerships with foreign lawyers or foreign law
firms only if they are registered under these Rules as Foreign Lawyers or Foreign Law Firms.
However, Indian lawyers and Indian law firms may receive referred work from foreign lawyers or
foreign law firms without requiring registration under these Rules."
(v) Foreign lawyers or foreign law firms may engage Indian lawyers enrolled under the Advocates Act,
1961, for advisory and consultancy related to Indian law. However, such engagement does not
entitle Indian lawyers to represent clients in Indian courts, tribunals, or statutory authorities on
behalf of foreign lawyers or foreign law firms unless they act independently under their enrollment
as advocates.
(vi) Indian lawyers may work as employees, consultants, or advisors in foreign law firms abroad without
requiring registration under these Rules. Partnership status in foreign law firms shall be governed
by the laws of the respective foreign jurisdiction."
CHAPTER-V
DISCIPLINARY ISSUES AND PENALTIES
10. Disciplinary issues.:-
1. A foreign lawyer or Lawyer associated with a foreign Law Firm registered under these rules shall normally
be subject to the same ethical and practice standards laid down under the Advocates Act, 1961 and Rules
made there under as are the advocates enrolled under the Act.
2. Where, upon receipt of a complaint or otherwise, the Bar Council of India has reason to believe that any
foreign lawyer or foreign law firm registered under these Rules has been guilty of professional or other
misconduct in connection with law practice in India, or has violated the terms, conditions, and/or provisions
of these Rules in any manner, the Council shall exercise its authority to handle the matter as follows:
(a) The Bar Council of India shall first conduct a preliminary inquiry to assess the merits of the allegations.
During this inquiry, the foreign lawyer or foreign law firm shall be provided a reasonable opportunity to
present their case, submit evidence, and respond to the allegations. This inquiry shall aim to establish
whether there exists a prima facie case of misconduct or violation warranting further action.
(i)
If the BCI, after such inquiry, determines that the misconduct or violation is minor or technical in
nature, it may issue a warning, reprimand, or impose a penalty as deemed appropriate, without
referring the matter further.
(ii)
If the BCI finds that the misconduct or violation is substantial or serious in nature, indicating a grave
breach of ethical or professional standards, it may impose a penalty as deemed appropriate, and/or
suspend the registration of the foreign lawyer or foreign law firm for such period as it deems fit.
(b) After imposing the penalty or suspension, the BCI may refer the matter to the disciplinary authority of the
concerned foreign country for further investigation or disciplinary action. The BCI shall also monitor the
progress and outcome of such proceedings to ensure accountability.
(c) In cases where the misconduct or violation is grave and prima facie apparent on the face of the record, the
BCI may, after providing a preliminary hearing, impose a penalty as deemed appropriate and directly
suspend the registration of the foreign lawyer or foreign law firm on an interim basis. A report of the matter,
along with details of the action taken, shall be sent to the Government of India through the Ministries of
Foreign Affairs and Law and Justice.
(d) The BCI shall have the authority to independently conclude disciplinary proceedings, including cancellation
of registration, in cases where it determines that the misconduct or violation warrants such action.
(e) In addition to the disciplinary measures imposed by the BCI, the matter may be referred to the disciplinary
authority of the concerned foreign country for further proceedings under its jurisdiction, where applicable.
(f) The BCI shall ensure that all disciplinary proceedings under this Rule are conducted in a fair, impartial, and
time-bound manner. Efforts shall be made to conclude the process within six months from the date of
issuance of the notice of inquiry.
11. Consequences of Securing Registration by Misrepresentation, Fraud, etc.:
If the Bar Council of India, either on a complaint made to it by the Government of India, an individual, or
otherwise, is satisfied that any person or law firm has secured registration or renewal of registration as a
foreign lawyer or foreign law firm through misrepresentation of an essential fact, fraud, or undue influence, it
may take appropriate actions after providing the person or entity an opportunity to be heard. Any action taken
by the Bar Council of India under this Rule shall be reasonable, proportionate, and conducted in accordance
with the principles of natural justice.
(a) Cancel the registration or renewal of the foreign lawyer or foreign law firm, with or without a penalty.
(b) If the allegations are found to lack substance, dismiss the complaint or drop the proceedings.
(c) Reprimand the foreign lawyer or foreign law firm for the misconduct.
(d) Suspend the registration of the foreign lawyer or foreign law firm for such period as the Council may deem
fit.
(e) Impose a monetary penalty of an amount as determined appropriate by the Council.
(f) Impose costs on the foreign lawyer or foreign law firm for the proceedings.
(g) Ban the foreign lawyer or foreign law firm from applying for registration or renewal for a specified period,
which may extend up to 10 years.
(h) Confiscate any security deposit provided under the Rules.
(i) Recommend criminal proceedings under relevant Indian laws if the fraud or misrepresentation involves
criminal intent.
(j) Direct the foreign lawyer or foreign law firm to compensate affected clients or parties, if applicable and
appropriate.
CHAPTER-VI
12. Regulatory authority. -
The Bar Council of India shall have the right of issuing such directions and regulations from time to time, as
are necessary for the proper implementation and execution of these Rules. The Bar Council of India may hold
deliberations and consultations with its counterparts i.e. statutory authorities in regulation of the legal
profession in different foreign countries in consultations with the Government of India (Ministry of Law and
Justice and/or Ministry of External Affairs or if necessary the Ministry of Home Affairs or any other Ministry
of Govt. of India) These consultations shall be based on the principle of reciprocity aimed at promoting and
strengthening the legal profession in India and to keep pace with the globalization. The objective is to provide
a vibrant and effective framework for legal profession that can cater to the ever changing needs of the people,
belonging to different religions, faiths and personal laws, as well as those migrating from one country to
another and to promote international progress, coherence and unity.
The Bar Council of India is responsible for ensuring the reciprocity in the treatment of Indian lawyers and
law firms abroad. The Council has right to cancel the registration of any foreign lawyer or law firm, any time,
if it comes to the notice of the council through any source that the Indian lawyers or Indian law firms are
being discriminated by the concerned counterpart foreign country in any manner. Such cancellation of
registration shall only be undertaken after providing the concerned foreign lawyer, foreign law firm, or the
relevant foreign government an opportunity to present their stand.
13. Removal of difficulties.:-
In the event of any doubt or dispute regarding the meaning, interpretation or execution of these Rules, the Bar
Council of India shall be the final authority to resolve and settle all such disputes and its decision thereon
shall be final and binding.
SCHEDULE FOR REGISTRATION, RENEWAL, AND FLY-IN FLY-OUT DECLARATION FEES FOR
FOREIGN LAWYERS AND FOREIGN LAW FIRMS.
1. Registration Fee:
i. Individual Foreign Lawyer: USD 15,000 or equivalent fee in the foreign lawyer's primary jurisdiction,
whichever is higher.
ii. Foreign Law Firm (including partnerships, LLPs, or corporations): USD 25,000 or equivalent fee in the foreign
firm's primary jurisdiction, whichever is higher.
iii. Additional Registration Fee for Multiple Foreign Jurisdictions:
- USD 5,000 per jurisdiction for Individual Foreign Lawyers.
- USD 10,000 per jurisdiction for Foreign Law Firms.
2. Renewal Fee (Every Five Years):
i. Individual Foreign Lawyer: USD 8,000 or equivalent fee in the foreign lawyer's primary jurisdiction,
whichever is higher.
ii. Foreign Law Firm: USD 15,000 or equivalent fee in the foreign firm's primary jurisdiction, whichever is
higher.
iii. Renewal Fee for Multiple Jurisdictions:
- USD 2,000 per jurisdiction for Individual Foreign Lawyers.
- USD 5,000 per jurisdiction for Foreign Law Firms.
3. Fly-In Fly-Out Declaration Fee
i. Individual Foreign Lawyer: USD 3,000 per declaration.
ii. Foreign Law Firm: USD 6,000 per declaration.
iii. Additional Jurisdictions:
- USD 1,000 per jurisdiction for Individual Foreign Lawyers.
- US 2,000 per jurisdiction for Foreign Law Firms.
4. Renewal of Fly-In Fly-Out Declaration:
i. Individual Foreign Lawyer: USD 1,500 per renewal.
ii. Foreign Law Firm: USD 3,000 per renewal.
iii. Additional Jurisdictions:
- USD 500 per jurisdiction for Individual Foreign Lawyers.
- USD 1,000 per jurisdiction for Foreign Law Firms.
5. Security Deposit (Refundable):
i. Individual Foreign Lawyer: USD 10,000 (refundable upon termination, adjusted for penalties if applicable).
ii. Foreign Law Firm: USD 30,000 (refundable upon termination, adjusted for penalties if applicable).
iii. Security Deposit for Multiple Jurisdictions:
- USD 2,500 per jurisdiction for Individual Foreign Lawyers.
- USD 5,000 per jurisdiction for Foreign Law Firms.
iv. Security Deposit for Fly-In Fly-Out Practice:
- USD 5,000 for Individual Foreign Lawyers, refundable after the declared period, adjusted for any penalties.
- USD 10,000 for Foreign Law Firms, refundable after the declared period, adjusted for any penalties.
6. Non-Refundable Process Charges as per Rule 4 (1):
i. Individual Foreign Lawyer: USD 2,000 per application.
ii. Foreign Law Firm: USD 5,000 per application.
iii. Additional Process Fee for Multiple Jurisdictions:
- USD 500 per jurisdiction for Individual Foreign Lawyers.
- USD 1,000 per jurisdiction for Foreign Law Firms.
7. Principles and Guidelines:
i. Applies to all registrants, including individuals, partnerships, LLPs, and corporations.
ii. Fees may be revised periodically by the Bar Council of India to align with global and local conditions.
iii. Fees may be adjusted to reflect the costs imposed on Indian lawyers or firms practicing in the foreign
jurisdiction.
iv. Non-refundable process charges are mandatory for every new registration, renewal, and Fly-In Fly-Out
declaration, and are separate from the registration, renewal, and security deposit fees.
Note: In case of any conflict or confusion the English version shall be referred.
To,
Principal Secretary/Concerned
Bar Council of India
New Delhi
FORM-A
Application for Registration of Foreign Lawyers and Foreign Law Firms in India.
1. Applicant Information:-
i Full Name of the Applicant (Individual Lawyer or Law Firm Name):
ii Type of Applicant:
(a) Individual Foreign Lawyer
(b) Foreign Law Firm
(c) Indian Lawyer seeking registration as a Foreign Lawyer
(d) Indian Law Firm seeking registration as a Foreign Law Firm
iii Primary Jurisdiction of Qualification/Registration:
iv Additional Jurisdictions of Qualification/Registration (if any):
V Address of the Principal Office (in Home Country):
vi Address of Proposed Office in India (if applicable):
vii Contact Details:
a. Phone:
b. Email:
c. Website:
viii Legal Entity Type (for Firms): Partnership / LLP / Corporation / Other (Specify)
Additional Details for Indian Lawyers and Indian Law Firms Seeking Registration as Foreign Lawyers or
Foreign Law Firms:
ix State Bar Council of Enrollment (for Indian Advocates):
X Enrollment Number under the Advocates Act, 1961:
xi Proof of Active Practice in India (Minimum 5 years): (Attach relevant document)
2. Details of Authorization to Practice Law in Foreign Jurisdictions:
i Certificate of Registration/Authorization from Competent Authority of the Primary Jurisdiction: (Attach
certified copy)
ii Certificates from Competent Authorities of Additional Jurisdictions (if any): (Attach certified copies)
iii Scope of Legal Practice Allowed in Home Jurisdiction: Litigious / Non-Litigious / Both
iv Proof of Active Practice in Home Jurisdiction: (Attach relevant document) For Indian Lawyers and Indian
Law Firms Seeking Foreign Registration:
V. Proof of Reciprocal Treatment in Foreign Jurisdiction: (Attach certified copy)
vi Certificate of No Objection from Competent Foreign Authority: (Attach certified copy)
3. Details of Proposed Practice in India:
i Nature of Legal Practice Proposed in India: Non-Litigious / International Arbitration / Foreign Law Advisory
/ International Law Consultancy
ii Specific Areas of Intended Practice:
a. Corporate and Commercial Law
b. International Arbitration
c. Intellectual Property
d. Joint Ventures and Mergers
e. Others (Specify)
iii. Intended Duration of Practice in India: Temporary / Permanent
iv. Proposed Office Location(s) in India (if applicable):
4. Details of Partnerships and Collaborations:
i. Existing or Proposed Partnerships with Indian Lawyers or Indian Law Firms (if any): Provide details of the
partnership agreement.
ii. Details of Referral Arrangements (if any):
For Indian Lawyers or Indian Law Firms Seeking Foreign Registration
iii. Details of Proposed Partnerships with Foreign Lawyers or Foreign Law Firms: Provide relevant
documentation.
5. Compliance and Reciprocal Treatment:
i. Certificate from Competent Authority in Home Jurisdiction Ensuring Reciprocal Treatment to Indian
Lawyers: (Attach certified copy)
ii. Details of Fee Structures Applicable to Indian Lawyers in Home Jurisdiction: (Attach certified copy)
iii. No Objection Certificate (NOC) from Home Jurisdiction Competent Authority: (Attach certified copy)
For Indian Lawyers or Indian Law Firms Seeking Foreign Registration:
iv. Details of Reciprocal Provisions in Target Jurisdiction: (Attach certified copy)
6. Ethical and Professional Compliance:
i. Declaration of No Criminal Conviction or Professional Misconduct in Home Jurisdiction: (Attach affidavit)
ii. Declaration of No Pending Disciplinary Proceedings: (Attach affidavit)
iii. Undertaking to Adhere to Bar Council of India Regulations and Code of Ethics: (Attach affidavit)
iv. Affidavit Declaring Compliance with Indian Laws and Regulations:
For Indian Lawyers and Indian Law Firms Seeking Foreign Registration:
V. Affidavit Declaring Compliance with Foreign Jurisdiction Laws and Regulations:
7. Financial Requirements:
i. Registration Fee Payment Details: (Attach proof of payment)
ii. Security Deposit Payment Details (if applicable): (Attach proof of payment)
iii. Non-Refundable Process Charges Payment Details: (Attach proof of payment)
For Indian Lawyers and Indian Law Firms Seeking Foreign Registration:
iv. Proof of Fee Structure in Foreign Jurisdiction:
8. Supporting Documentation Checklist:
i. Certified copy of the Certificate of Authorization to Practice Law in Home Jurisdiction
ii Certificates from Competent Authorities of Additional Jurisdictions (if applicable)
iii. Proof of Active Legal Practice in Home Jurisdiction
iv. Certificate of Reciprocal Treatment from Home Jurisdiction
V. No Objection Certificate (NOC) from Home Jurisdiction Competent Authority
vi. Affidavit of No Criminal Conviction or Disciplinary Action
vii. Declaration of Compliance with Indian Laws and Regulations
viii. Undertaking to Follow Bar Council of India Rules and Code of Ethics
ix. Details of Proposed or Existing Collaborations and Partnerships
Χ. Proof of Payment of Registration Fee, Security Deposit, and Process Charges
xi. State Bar Council Enrollment Certificate (For Indian Lawyers Seeking Foreign Registration)
xii. Proof of Reciprocal Treatment for Indian Advocates in Foreign Jurisdiction
9. Declarations and Undertakings:
i I/We hereby declare that all the information provided in this application is true and accurate to the best of
my/our knowledge.
ii I/We consent to any inquiries or verifications by the Bar Council of India regarding the authenticity of the
information and documents submitted.
iii I/We undertake not to practice Indian law or appear before Indian courts, tribunals, or statutory authorities
unless explicitly permitted.
iv I/We understand that failure to comply with the rules and regulations laid down by the Bar Council of India
may result in suspension or cancellation of registration.
10. Applicant's Signature and Seal:
i. Name of Applicant (Authorized Signatory in case of Law Firm):
ii. Designation (if applicable):
iii. Signature:
iv. Date:
V. Place:
11. Official Use Only (To be filled by the Bar Council of India):
i. ate of Receipt of Application:
ii. Application Reference Number:
iii. Verification Status: Approved / Rejected
iv. Date of Approval/Rejection:
V. Registration Number (if Approved):
vi. Remarks/Conditions (if any):
Authorized Officer of the Bar Council of India:
vii. Name:
viii. Designation:
ix. Signature:
X. Seal:
12. Instructions for Submission:
i. The application must be submitted in duplicate along with all supporting documents.
ii. Payment receipts must be attached for the registration fee, security deposit, and non-refundable process
charges.
iii. Applications may be submitted in person, via courier, via email, at foreign.registration@
barcouncilofindia.org or at bci.foreign.register@gmail.com or electronically through the designated online
link/portal of the Bar Council of India.
To,
Principal Secretary/Concerned
Bar Council of India
New Delhi
FORM-B
Application for Renewal of Registration of Foreign Lawyers and Foreign Law Firms in India.
1. Applicant Information (Renewal):
(i) Full Name of the Applicant (Individual Lawyer or Law Firm Name):
(ii) Type of Applicant:
(a) Individual Foreign Lawyer
(b) Foreign Law Firm
(c) Indian Lawyer seeking renewal as a Foreign Lawyer
(d) Indian Law Firm seeking renewal as a Foreign Law Firm
(iii) Primary Jurisdiction of Qualification/Registration:
(iv) Additional Jurisdictions of Qualification/Registration (if any):
(v) Registration Number Issued by Bar Council of India:
(vi) Address of the Principal Office (in Home Country):
(vii) Address of Existing Office in India (if applicable):
(viii) Contact Details:
a. Phone:
b. Email:
c. Website:
(ix) Legal Entity Type (for Firms): Partnership / LLP / Corporation / Other (Specify)
Additional Details for Indian Lawyers and Indian Law Firms Seeking Renewal as Foreign Lawyers or
Foreign Law Firms:
(x) State Bar Council of Enrollment (for Indian Advocates):
(xi) Enrollment Number under the Advocates Act, 1961:
(xii) Proof of Active Practice in India (Minimum 5 years): (Attach relevant document
2. Details of Current Authorization to Practice Law in Foreign Jurisdictions:
(i) Certificate of Registration/Authorization from Competent Authority of the Primary Jurisdiction: (Attach
certified copy)
(ii) Certificates from Competent Authorities of Additional Jurisdictions (if any): (Attach certified copies)
(iii) Scope of Legal Practice Allowed in Home Jurisdiction: Litigious / Non-Litigious / Both
(iv) Proof of Active Practice in Home Jurisdiction (Since Last Registration/Renewal): (Attach relevant document)
(v) For Indian Lawyers and Indian Law Firms Seeking Renewal as Foreign Lawyers or Foreign Law Firms:
Proof of Reciprocal Treatment in Foreign Jurisdiction: (Attach certified copy)
(vi) Certificate of No Objection from Competent Foreign Authority: (Attach certified copy)
3. Details of Continued Practice in India:
(i) Nature of Legal Practice Continued in India: Non-Litigious / International Arbitration / Foreign Law
Advisory / International Law Consultancy
(ii) Specific Areas of Practice Continued in India:
a. Corporate and Commercial Law
b. International Arbitration
c. Intellectual Property
d. Joint Ventures and Mergers
e. Others (Specify)
(iii) Duration of Continued Practice in India (Since Last Renewal):
(iv) Office Location(s) in India (if applicable):
4. Details of Existing or Proposed Partnerships and Collaborations:
(i) Existing or Proposed Partnerships with Indian Lawyers or Indian Law Firms (if any): Provide details of the
partnership agreement.
(ii) Details of Referral Arrangements (if any):
For Indian Lawyers or Indian Law Firms Seeking Renewal as Foreign Lawyers or Foreign Law Firms:
(iii) Details of Proposed Partnerships with Foreign Lawyers or Foreign Law Firms: Provide relevant
documentation.
5. Compliance and Reciprocal Treatment:
(i) Certificate from Competent Authority in Home Jurisdiction Ensuring Reciprocal Treatment to Indian
Lawyers: (Attach certified copy)
(ii) Details of Fee Structures Applicable to Indian Lawyers in Home Jurisdiction: (Attach certified copy)
(iii) No Objection Certificate (NOC) from Home Jurisdiction Competent Authority: (Attach certified copy)
For Indian Lawyers and Indian Law Firms Seeking Renewal as Foreign Lawyers or Foreign Law Firms:
(iv) Details of Reciprocal Provisions in Target Jurisdiction: (Attach certified copy)
6. Ethical and Professional Compliance:
(i) Declaration of No Criminal Conviction or Professional Misconduct in Home Jurisdiction: (Attach affidavit)
(ii) Declaration of No Pending Disciplinary Proceedings: (Attach affidavit)
(iii) Undertaking to Adhere to Bar Council of India Regulations and Code of Ethics: (Attach affidavit)
(iv) Affidavit Declaring Compliance with Indian Laws and Regulations:
(v) For Indian Lawyers and Indian Law Firms Seeking Renewal as Foreign Lawyers or Foreign Law Firms:
Affidavit Declaring Compliance with Foreign Jurisdiction Laws and Regulations:
7. Financial Requirements:
(i) Renewal Fee Payment Details: (Attach proof of payment)
(ii) Security Deposit Payment Details (if applicable): (Attach proof of payment)
(iii) Non-Refundable Process Charges Payment Details: (Attach proof of payment)
(iv) For Indian Lawyers and Indian Law Firms Seeking Renewal as Foreign Lawyers or Foreign Law Firms:
Proof of Fee Structure in Foreign Jurisdiction:
8. Supporting Documentation Checklist:
(i) Certified copy of the Certificate of Authorization to Practice Law in Home Jurisdiction
(ii) Certificates from Competent Authorities of Additional Jurisdictions (if applicable)
(iii) Proof of Active Legal Practice in Home Jurisdiction (Since Last Registration)
(iv) Certificate of Reciprocal Treatment from Home Jurisdiction
(v) No Objection Certificate (NOC) from Home Jurisdiction Competent Authority
(vi) Affidavit of No Criminal Conviction or Disciplinary Action
(vii) Declaration of Compliance with Indian Laws and Regulations
(viii) Undertaking to Follow Bar Council of India Rules and Code of Ethics
(ix) Details of Proposed or Existing Collaborations and Partnerships
(x) Proof of Payment of Renewal Fee, Security Deposit, and Process Charges
(xi) State Bar Council Enrollment Certificate (For Indian Lawyers Seeking Foreign Renewal)
(xii) Proof of Reciprocal Treatment for Indian Advocates in Foreign Jurisdiction
9. Declarations and Undertakings:
(i) I/We hereby declare that all the information provided in this application is true and accurate to the best of
my/our knowledge.
(ii) I/We consent to any inquiries or verifications by the Bar Council of India regarding the authenticity of the
information and documents submitted.
(iii) I/We undertake not to practice Indian law or appear before Indian courts, tribunals, or statutory authorities
unless explicitly permitted.
(iv) I/We understand that failure to comply with the rules and regulations laid down by the Bar Council of India
may result in suspension or cancellation of registration.
10. Applicant's Signature and Seal:
(i) Name of Applicant (Authorized Signatory in case of Law Firm):
(ii) Designation (if applicable):
(iii) Signature:
(iv) Date:
(v) Place:
11. Official Use Only (To be filled by the Bar Council of India):
(i) Date of Receipt of Application:
(ii) Application Reference Number:
(iii) Verification Status: Approved / Rejected
(iv) Date of Approval/Rejection:
(v) Registration Number (if Approved):
(vi) Remarks/Conditions (if any):
Authorized Officer of the Bar Council of India:
(vii) Name:
(viii) Designation:
(ix) Signature:
(x) Seal:
12. Instructions for Submission:
(i) The application must be submitted in duplicate along with all supporting documents.
(ii) Payment receipts must be attached for the renewal fee, security deposit, and non-refundable process charges.
(iii) Applications may be submitted in person, via courier, email at foreign.renewal@barcouncilofindia.org or at
bci.foreign.renewal@gmail.com or electronically through the designated online link/portal of the Bar Council
of India.
To,
Principal Secretary/Concerned
Bar Council of India
New Delhi
FORM-C
Fly-In Fly-Out Declaration for Foreign Lawyers and Foreign Law Firms in India.
Applicant Information:-
1. i Full Name of the Applicant (Individual Lawyer or Law Firm Name):
ii Type of Applicant:
(a) Individual Foreign Lawyer
(b) Foreign Law Firm
iii Primary Jurisdiction of Qualification/Registration:
iv Additional Jurisdictions of Qualification/Registration (if any):
V Address of the Principal Office (in Home Country):
vi Address of Proposed Office in India (if applicable):
vii Contact Details:
a. Phone:
b. Email:
c. Website:
Details of Proposed Fly-In Fly-Out Practice in India (Note: Form C must be filled out for each subsequent FIFO
visit, specifying the duration, purpose, and nature of legal work for each instance):
2. i Duration of Intended Stay in India (Specify dates):
ii Aggregate Duration of Stay in India within the Last 12 Months:
iii Nature of Legal Work Proposed:
a. Legal Advisory on Foreign Law
b. International Arbitration
c. Legal Consultancy
d. Others (Specify)
iv Specific Legal Areas Involved:
a. Corporate and Commercial Law
b. International Arbitration
c. Intellectual Property
d. Joint Ventures and Mergers
e. Others (Specify)
3. Details of Clients and Purpose of Visit:
i Client Details:
a. Name of Client:
b. Address:
c. Contact Information:
ii Purpose of Visit (Specify nature of legal work and jurisdiction involved):
4. Financial Requirements:
i Fly-In Fly-Out Declaration Fee Payment Details (Attach proof of payment)
ii Security Deposit Payment Details (Attach proof of payment)
iii Non-Refundable Process Charges Payment Details (Attach proof of payment)
5. Undertaking and Declarations:
i I/We hereby declare that the intended stay in India is for the purpose of providing legal advice, consultancy,
or arbitration services regarding foreign law or international law and does not constitute practice of Indian
law.
ii I/We declare that the aggregate duration of stay in India under Fly-In Fly-Out provisions shall not exceed 60
days within a 12-month period.
iii I/We undertake not to establish, operate, or maintain any office, infrastructure, or regular presence in India
for the purpose of providing legal services.
iv I/We understand that the Bar Council of India reserves the right to inquire and verify the authenticity of the
declared purpose and duration of stay.
V I/We consent to comply with all applicable rules and regulations under the Bar Council of India Rules,
including the Code of Ethics for Foreign Lawyers and Foreign Law Firms.
6. Applicant's Signature and Seal:
i. Name of Applicant (Authorized Signatory in case of Law Firm):
ii. Designation (if applicable):
iii. Signature:
iv. Date:
V. Place:
7. Official Use Only (To be filled by the Bar Council of India):
i. Date of Receipt of Declaration:
ii Declaration Reference Number:
iii Verification Status: Approved / Rejected
iv Remarks/Conditions (if any):
Authorized Officer of the Bar Council of India:
V Name:
vi Designation:
vii Signature:
viii Seal:
8. Instructions for Submission:
i The declaration must be submitted in duplicate along with all supporting documents.
ii Payment receipts must be attached for the Fly-In Fly-Out declaration fee, security deposit, and non-
refundable process charges.
iii Applications may be submitted in person, via courier, email at fifo@barcouncilofindia.org at
bci.fifo@gmail.com or electronically through the designated online link/portal of the Bar Council of India.
iv A copy of the declaration must be maintained by the applicant during the duration of stay in India.
SRIMANTO SEN, Principal Secy.
[ADVT.-III/4/Exty./94/2025-26]