Application Form for Registration of a Legal Adviser (full text)

Application Form for Registration of a Legal Adviser

1. APPLICATION FOR REGISTRATION AS A REGISTERED LEGAL ADVISER

   

   

   PART I. GENERAL INFORMATION

   Please provide the following personal data to the AIFC Legal Services Board and the Office of the AIFC Legal Services Board (hereafter “LSB”):

    

   1. Title: ________________________________ (e.g. Mr/Mrs/Miss/Ms)

    

   2. Name: ____________________________ ________________________________

                                       Surname                                                                  First Name

    

   3. Date of birth: _________ _________    _________

                                   day                  month                  year

    

   4. Place of birth: ______________________ ___________________________

                                  City/State                                                     Country

    

   5. Passport: ______________________ _____________________  _____________________

                    Country / Place of issue                              Number                                    Date of expiry                                                    

    

   6. Citizenship: ____________________________

                                  Country

    

   7. ID card of the Republic of Kazakhstan No. _______________________ (if any)

    

   8. State any changes of name, formal or informal, or other surnames or given names you have used, and when: _____________________________________________________________

   __________________________________________________________________________

    

   9. Correspondence address: _____________________________________________________

    

   Email:__________________________      Telephone:  ______________________________

    

   Please enclose a copy of your passport or ID card of the Republic of Kazakhstan (if relevant).

2. PART II. PROFESSIONAL STANDING AND EXPERIENCE

   10. Please indicate a Legal Professional Body of which you are now a member:

   [1] Legal Professional Body means a national, regional or state regulatory or professional association, authority, court, governmental department, society or other entity that regulates or licenses lawyers.

   1.     Please indicate a Legal Professional Body[1] of which you are now a member:   _____________________________________   ______________________________________       Name of Legal Professional Body                                                                    Jurisdiction                        2.     Please indicate a law firm or organisation of your present employment:   Name of law firm or other employer Address Position The law of the jurisdiction in which you practiced ___________________ ___________________ ________________ ________________ __________ __________   ________________ ________________     3.     Have you ever: ·       Had any disciplinary or regulatory findings, sanctions or actions brough against you by a Legal Professional Body (or any court or body hearing appeals in relation to disciplinary or regulatory findings) ·       Failed to give information to a Legal Professional Body when asked ·       Given false or misleading information to a Legal Professional Body ·       Breached a Legal Professional Body’s requirements   Yes   No     4.     Are you aware of any complaint or charge or disciplinary proceeding pending against you in your professional capacity, which has not yet come to the attention of your Legal Professional Body, which might result in disciplinary action being takin against you?   Yes   No   5.     Are you currently facing any regulatory or disciplinary proceedings or investigations?     Yes   No     Please enclose a certified copy of your current Practising Certificate and Certificate of Good Standing issued by the relevant Legal Professional Body.

    

   PART III. PROFESSIONAL INDEMNITY INSURANCE

   6.     Name of Insurer: ______________________________________________________________   7.     Address of Insurer: ____________________________________________________________   8.     Policy No: _______________________   9.     Policy Period: From ________________________ to ______________________________.     Please enclose a documentary evidence that you are insured as set out above for legal services rendered by you while acting as a Legal Adviser in the AIFC.

   [1] Legal Professional Body means a national, regional or state regulatory or professional association, authority, court, governmental department, society or other entity that regulates or licenses lawyers.

   PART IV. PROPRIETY QUESTIONNAIRE

   1.     Have you ever been convicted by a court of a criminal offence as follows? The offence: ·       meant you were given a custodial or suspended sentence ·       involved dishonesty, fraud, perjury and/or bribery ·       was of a violent or sexual nature ·       was associated with obstructing the course of justice ·       which demonstrated behaviour showing signs of discrimination towards others ·       was associated with terrorism     Yes   No   2.     Have you ever: ·       been convicted by a court of more than one criminal offence ·       accepted a caution ·       you are currently subject to a conditional discharge or bind over by a court   Yes   No     3.     Are you currently facing any criminal charges?   Yes   No     4.     Have you ever: ·       been responsible for dishonest, violent, threatening, harassing or discriminatory behaviour ·       misused your position for (your or anyone else’s) financial gain ·       misused your position of trust in relation to vulnerable people     Yes   No   5.     Are you and/or your business: ·       included in one or more sanctions lists of international organisations, states? ·       fall under the sanctions ‘rule of 50%’[1]?   Yes   No   6.     Do you: ·       have any connections with sanctioned persons and/or persons falling under the ‘rule of 50%’? ·       closely work with sanctioned persons and/or persons falling under the ‘rule of 50%’   Yes   No   7.     Do you confirm that you will notify the Office of the AIFC Legal Services Board immediately if any representation, undertaking or confirmation contained herein, or any information provided, becomes, or is likely to become untrue or inaccurate in whole or in part, at any time?   Yes   No

   [1] A person whose property and interests in property are blocked by any state’s regulation, sanctions lists is considered to have an interest in the property, and interests in property of any legal person, in which the blocked person owns, controls, directly or indirectly, a 50 percent or greater interest.

    

3. DECLARATION OF APPLICANT

     DECLARATION OF APPLICANT

    

    

   I, ___(full name)________________________________________________, DECLARE THAT:

    

   1. I am the individual named on this application.

    

   2. I believe the information in this application is correct.

    

   3. I wish to be registered with the AIFC Legal Services Board as a Registered Legal Adviser to practice the Acting Law of the AIFC in the AIFC and worldwide.

    

   4. I will tell the AIFC Legal Services Board at once if anything changes between now and my registration.

    

   5. I understand that there could be serious consequences if I have knowingly or recklessly given the AIFC Legal Services Board information that is false or misleading (or if I have failed to tell you about any significant information).

    

   6. I understand that the AIFC Legal Services Board may make checks to verify the information I have given.

    

    

    

    

    

    

    

   Place of declaration: ___________________

    

   Date of declaration: ____________________

    

    

    

    

    

    

    

    

   Name in full: _____________________________     Signature: _______________________

4. PRIVACY NOTICE

   Processing of your personal data

   The personal data collected in this form will be used by the AIFC Legal Services Board (the LSB) and the Office of the LSB, in accordance with the AIFC Data Protection Regulations and AIFC Data Protection Rules, for the following purposes:

   (a) the processing of your application for registration as a Registered Legal Adviser;
   (b) the exercise of the powers of the LSB conferred upon it under the AIFC Legal Services Regulations and the Rules of the LSB;
   (c) the running of the Roll of Registered Legal Advisers is published at the AIFC official website for the purpose of facilitating the public in identifying Legal Adviser registered with the LSB and in knowing the services they provide.

   The LSB and the Office of the LSB, in accordance with the AIFC Data Protection Regulations and AIFC Data Protection Rules, will:
   • collect, use, store and share your data in the exercise of its regulatory powers set out in the AIFC Legal Services Regulations 2022 and the Rules of the LSB; and
   • protect your personal data ensuring a level of security appropriate to the risks represented by the processing or transfer and the nature of the personal data; and
   • share your personal data with third party providers who collect, store and process your personal data on our behalf who are contractually obligated to keep your personal data confidential and subject to appropriate safeguards; and
   • transfer your personal data also to jurisdictions outside of AIFC. This may include jurisdictions that are not considered as having adequate level of data protection according to AIFC Data Protection Regulations and Rules.

   Your rights

   Under the AIFC Data Protection Regulations and AIFC Data Protection Rules, you have the following rights, in relation to our processing of your personal data:
   • right to information about processing of your data and rectification of your data; and
   • right to object the processing of your personal data; and
   • right to file a complaint with the Commissioner of Data Protection.

   Contact us

   If you have any questions about this Privacy Notice, please contact the Office of the LSB at the following address: Mangilik El ave. 55/17, Astana, the Republic of Kazakhstan, by phone + 7 (7172) 64 73 41, and email at [email protected].
   I hereby consent to the processing of personal data collected by this form by the LSB and by the Office of the LSB.