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	NOTICE OF THE MINISTRY OF JUSTICE REGARDING THE WITHDRAWAL OF OCCUPATIONAL RISK FUND BY THE LAW FIRMS IN DISCONNECTION REFORM

	(Notice No. 139 Promulgated by the Ministry of Justice on October 10, 2000)


SUBJECT : LAW FIRMS; OCCUPATIONAL RISK FUND
ISSUING DEPARTMENT : MINISTRY OF JUSTICE OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 10/10/2000
IMPLEMENT DATE : 10/10/2000
LENGTH : 234 words
TEXT :

Recently, some telegrams and letters have been sent to us from some places inquiring about the issue of drawing occupational risk fund by relevant law firms. Upon research, we hereby give our opinion as follows regarding these issues:

(1) When a law firm is disconnected and reformed, it shall draw the occupational risk fund as the reserve of compensation for its liabilities caused from its faults or errors prior to its disconnection and reform.

(2) If there is any local provision on the proportion for the law firms to draw the occupational risk fund, the said fund shall be drawn at such a proportion; if there is no local provision on such a proportion, the fund may be drawn with reference to the proportion for accounting firms to draw the occupational risk fund.

(3) The following principles shall be complied with in determining the ownership of a law firm's occupational risk fund: whoever occupies the occupational risk fund shall bear the liability for the occupational compensation prior to the disconnection and reform. If a whole law firm is reformed, the new law firm shall occupy the occupational risk fund.

A law firm must conclude a written agreement with the entity it is affiliated to regarding the issue of the risk liability for its occupational compensation and the assumption of its debts, and report to the judicial administration organ at the provincial level for record.