Cyprus International Trade in Legal Services

Is there legislation governing the legal sector

The Advocates Law 1961 (as amended)

Under what title do lawyers practise?

Advocate or Dikigoros (Δικηγ?ρoς)

How does an individual lawyer obtain a "licence" to practise law? How often must this be renewed?

According to the Advocates Act, a Cypriot lawyer must (a) be at least 21 (b) be of a good character and not be an unsuitable person due to any kind of behaviour which would justify the Disciplinary Board taking measures against him and (c) be a citizen of the Republic with permanent residence in Cyprus or a non-Cypriot citizen who is a spouse or a child of a citizen of the Republic with permanent residence in Cyprus.  Enrollment requires the individual to be (i) a holder of a Law degree or diploma from a University or institution recognised by the Legal Council; (ii) have completed a training period of not less than twelve months at the office of an advocate practising for at least five years (iii) have passed an examination managed by the Legal Council; (iv) paid a fee and been entered on the register maintained by the Chief Registrar of the Supreme Court. On entry into the Supreme Court's register the advocate must then apply for a licence from the Cyprus Bar Association. This licence must be renewed annually and requires confirmation from the local bar association in the district in which the advocate practises of their ongoing practice of law and confirmation from the Department of Social Assurance that they are an advocate contributor to the Social Insurance Fund.

Does this entitle the holder to practise throughout the country? If the law license only permits one to practice on a sub-national level, please explain the jurisdictional limits

The licence to practice covers the Republic of Cyprus

Are there certain activities that are "reserved" to those who are licensed to practise law in the jurisdiction?

“Practising as an advocate” is defined in the Advocates Law as"(i) appearing before any Court to conduct any proceedings on behalf of any person or the Republic; (ii) preparing or perusing any pleading on behalf of a client. For the purposes of this paragraph “pleading” includes any document filed in Court and forms part of the pleadings but does not include an expert’s report or a witness attestation including a statement of facts.  (iii) the act of registering trademarks or patents and appearing before any administrative authority for the aforementioned purposes (iv) drawing, reviewing, amending any Memorandum or Articles of Association of a company of any form or any application, report, statement, affidavit, decision or other document pertaining to the incorporation, registration, organisation, reorganisation or dissolution
of any legal entity (v) registering ships and drawing all documents referring to the incorporation, transfer, alteration or abolition of all rights on a ship as well as appearing before the competent authority for this purpose (vi) giving opinions on all legal matters submitted to the advocate (viii) drawing or perusing any document filed in Court for administration purposes under the Administration of Estates Law.

The Advocates Law requires that Cypriot lawyers are either Cypriot nationals or the spouses or children of Cypriot nationals. Since Cyprus' accession to the EU in 2004, EU nationals may also become Cypriot lawyers.

Cypriot lawyers may practice as sole practitioners, in general or limited liability partnerships or in limited liability companies.

What other ethical or regulatory requirements must a licensed lawyer comply with? 

The Cyprus Bar Association has issued a code of conduct:http://www.cyprusbarassociation.org/v1/files/disciplinary/New_code_of_counduct_eng.pdf

Do law firms need to receive a "license" (or permission/approval) to practice law?

A separate approval, in addition to company formation requirements, is required from the Legal Council for partnerships and companies consisting of advocates. The Bar Council must then enter firms onto its firm register.

Which authority issues licences? Are there different authorities for individuals and firms? 

Both the Legal Council and the Bar Council are involved in issuing licences to individuals and law firms.  The Legal Council is a regulatory body chaired by the Attorney General and comprising representatives of the Bar Council and other practising attorneys.

Is the jurisdiction a member of the WTO?

Cyprus joined the WTO on 30 July 1995

Has it made any commitments under GATS in legal services?

Cyprus made no specific commitments in legal services on joining the WTO but on joining the EU has signed up to the commitments made by the EU in the Uruguay Round. It now offers access in modes 1-3 for home country and international law.

Is the jurisdiction party to bilateral agreements which offer special treatment to businesses or individuals from particular countries?

As a member of the European Union, Cyprus extends special treatment to individuals and businesses from other EEA states (EU plus Norway, Iceland and Liechenstein. Moreover, Bulgaria is also party to the EU's many bilateral agreements with other countries and free trade areas ( a full list of these can be found at http://www.wto.org/english/tratop_e/region_e/rta_participation_map_e.htm?country_selected=none&sense=s

The EU has comprehensive provisions covering the free movement of lawyers from EEA countries (EU plus Norway, Iceland and Liechenstein) and Switzerland. These include the Establishment Directive for Lawyers (98/5/EC), the Lawyers' Services Directive (77/249/EC), the Framework Services Directive (2006/123/EC) and the Professional Qualifications Directive (2005/36/EC). Collectively these directives permit EEA lawyers to provide services freely cross border within the EEA, to estblish and provide legal services in host as well as home country and international law and to requalify as a host country lawyer. There are limitations on the applicability of the Establishment Directive to EEA and Swiss lawyers holding specific legal titles and EEA (or Swiss) nationality. Provisions covering trade in services are included in the EU's Free Trade Agreements (FTAs) with South Africa, Mexico, Chile, Colombia, Peru, Central America and Korea. Of these, only the agreement with Korea covers legal services explicitly and on the EU side offers no concessions beyond those offered to other members of the WTO. The other agreements simply contain a commitment from both sides to 'progressive liberalisation' of trade in services. Negotiations for future FTAs which might include provisions on legal services are ongoing with: Mercosur, Gulf Cooperation Council, Canada, India, Morocco, Ukraine, Moldova, Georgia, Armenia, Singapore, Malaysia, Vietnam.

Are foreign lawyers from different jurisdictions treated differently as a result of any such agreements?

As a member of the European Union, Cyprus extends special treatment to individuals and businesses from other EEA states (EU plus Norway, Iceland and Liechenstein. Moreover, Bulgaria is also party to the EU's many bilateral agreements with other countries and free trade areas ( a full list of these can be found at http://www.wto.org/english/tratop_e/region_e/rta_participation_map_e.htm?country_selected=none&sense=s

There are no foreign firms with offices in Cyprus.

EU, EEA and Swiss lawyers who hold recognised professional titles and European nationality may provide temporary services in Cyprus on an unrestricted basis. Lawyers of other nationalies are not permitted to practise law in Cyprus.

All EEA nationals may work in Cyprus without restrictions, non-EEA nationals may obtain business visas on the basis of an invitation from a local company.

Only EEA or Swiss lawyers may provide legal services in Cyprus as registered European lawyers. They may provide services on their home country law, European law and international law and may additionally practise Cypriot law provided they do so in association with a Cypriot lawyer.

An EEA lawyer establishing in Cyprus must use his home professional title and register with the Cypriot Bar.

An EEA lawyer establishing in Cyprus must provide evidence from their home licensing authority that they are suitably qualified and have a clean disciplinary record.

In addition to the rights of EU and EEA lawyers to appear before Cypriot courts, the Legal Council may, at its discretion, upon application by an established advocate from abroad, grant a special licence to such advocate to appear before any Court of the Republic in order to practise law in the Republic in relation to any specific proceedings or any specific case or matter.

Can foreign lawyers requalify as local lawyers?

Can a foreign law firm obtain a licence to open an office?

The Cypriot legislation only deals with the case of an EEA firm which may open an office and is required only to register with the Cypriot Bar Association.

Even if a foreign law firm does not require a legal licence must they register in some form in order to set up an office? (e.g. with a ministry of company affairs etc)

No

No

No

There are no restrictions on the ownership share of EEA lawyers in Cypriot law firms.

Cypriot lawyers may be employed by EEA lawyers or law firms.

Cypriot lawyers may enter parterships with EEA lawyers.

Cypriot lawyers may employ EEA lawyers.

Cyprus Bar Association