"Mainland and Macau Closer Economic Partnership Arrangement" specified the criteria for those Macau service providers which provide legal services:-
(A) In addition to legal services, Macau service providers provide such services in Mainland should apply:-
1. According to the Macau Special Administrative Region "Commercial Code", "Business Registration Code" or other relevant laws and regulations for registration, if the regulations stated and required, it should make application for licenses or permits to provide such services.
The "Arrangement" clearly states: Overseas companies registered in Macau, offices, liaison offices, "mailbox companies" and those specifically established for providing certain services to the parent company does not belong to the Macau service providers referred to in this Annex.
2. For those with substantive business operations in Macau. The criteria are:
(1) The nature and scope of business: For Macau service providers, its nature and scope of services in Macau, which intends to provide services in Mainland, should be included in its nature and scope.
(2) Experience: Macau service providers should have been registered and is engaged in substantive business operations in Macau for more than 3 years (including 3 years), of which, it provides construction and related engineering services. The Macau service providers should have been registered and engaged in Macau with substantive business operations for more than 5 years (including 5 years);
a) For those providing real estate services in Macau, they can engage in substantive business operations with no restrictions on the number of years; provision of banking and other financial services (excluding insurance and securities) of such kind Macau service providers, namely Macau banks or finance companies, should be based on Macau Special Administrative Region the "Financial System Act" and receive permission to engage in substantive business operations for more than 5 years (including 5 years); providing insurance and related services of such kind Macau service providers, namely Macau Insurance Company, which registered in Macau, shall establish and engage in substantive business operations for more than 5 years ( including 5 years ) .
Note: Since the "Arrangement " came into effect, service provider other than the parties to obtain the Macau service providers by more than 50% equity by way of acquisition or merger for a full , which was acquired by or merged that belongs to service providers in Macau.
(3) Complementary Tax for Macau service providers which engage in substantive business operations in Macau for tax.
(4) Business Place: Macau service providers should be owned or rented business premises that engage in substantive business operations in Macau, its business establishments should be in consistent with its business scope and scale. Provide maritime services by Macau service providers which have gross tonnage should be more than 50% (or 50%) registered in Macau.
(5) Number of Employees: Macau service providers hire employees in Macau or Macau residents is unrestricted and the regulations allow to settle in Macau account for more than 50% of its total number of employees.
(B) The legal services department of Macau law firm should provide the following set out in Annex 4 when applying for the license in Mainland:-
- 1. According to the relevant regulations of Macau Special Administrative Region, it is a registered and established Macau law firm.
- 2. The law firm's sole proprietor and all its partners should Macau practicing lawyer.
- 3. Main business scope of the law firm is to provide legal services in Macau locally.
- 4. The law firm, sole proprietor or partner shall pay complementary tax under the law or occupational tax.
- 5. The law firm should be engaged in substantive business operations in Macau for more than 3 years (including 3 years).
- 6. The law firm should be owned or rented business premises that engaged in substantive business operations in Macau.