Section 24Part 3 — THE PRACTICE OF CAYMAN ISLANDS LAW
Restriction on the practice of Cayman Islands law
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Except as provided by this Act, a person shall not practise Cayman Islands law in the Islands or in another jurisdiction.
A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of one hundred thousand dollars or to imprisonment for a term of two years, or to both.
For the purposes of subsection (1), a person practises Cayman Islands law if, for or in expectation of gain or reward, the person provides legal services in respect of Cayman Islands law or in the Islands.
A person practises Cayman Islands law if the person holds himself or herself as qualified to provide legal services in respect of Cayman Islands law or in the Islands for gain or reward.
Notwithstanding subsections (3) and (4), a person is not to be taken as practising Cayman Islands law for the purposes of subsection (1) if the person —
in a matter of a legal nature, acts on the person's own behalf or on behalf of an entity, whether or not incorporated, in which the person has an interest or by which, in the case of an individual, other than an in-house counsel, the person is employed;
as a public officer, prepares a document or instrument in the course of the person's duties;
as a director or owner of a company, acts on behalf of the company whether in relation to a document, an instrument, a proceeding or otherwise if permitted by law to do so;
prepares a will that does not contain trust provisions;
prepares a document relating to the sale, purchase or lease of land or premises if no mortgage, charge or other form of security interest over land is involved;
as a person licensed or registered under a regulatory law, as defined in the Monetary Authority Act (2020 Revision), carries out a licensed activity;
is an arbitrator or counsel brought into the Islands by an attorney-at-law to act in arbitration under the Arbitration Act, 2012;
being a person practising law in another jurisdiction, prepares a draft of a document or instrument to be governed by Cayman Islands law, where the document or instrument will be reviewed, settled and finalised for execution purposes by a law firm or an affiliate;
is instructed by a law firm or its affiliate to obtain evidence on behalf of a person for use in a court, tribunal or inquiry in the Islands, and where the evidence will be reviewed by a law firm or its affiliate on behalf of a mutual client;
being a person practising law in another jurisdiction, is instructed by a law firm or an affiliate to assist, under the supervision of that law firm or affiliate, in the preparation of a document (other than evidence or correspondence) for use in connection with proceedings in a court, tribunal or inquiry in the Islands; or
being a Queen's Counsel, or equivalent and, practising as such in any court of a jurisdiction referred to in section 32(3), instructed by a law firm or an affiliate, provides advice as to Cayman Islands law or prepares a document for use in a court, tribunal or inquiry in the Islands.
The Cabinet may by Order amend subsection (5).
Referenced By
- Section 2 — Interpretation
section 24