Norwegian Finanstilsynet has published a letter from Advokattilsynet clarifying how Norway’s Lawyers Act affects lawyers who previously held a “passive” practising licence, in the context of whether a lawyer can be employed as a real estate broker in a real estate brokerage firm. The letter’s core conclusion is that, after the Lawyers Act entered into force on 1 January 2025, there is no longer any access to hold a passive lawyer licence and only individuals practising as lawyers can hold a licence. Those who previously had a passive licence must apply for a new lawyer licence when they start practising law. Employees in real estate brokerage firms who previously held a passive licence can submit a simplified application to Advokattilsynet for a new licence linked to the brokerage firm, but must provide an extended police certificate, establish separate security as a lawyer, and pay contributions to Advokattilsynet and the Advokatnemnda. For these cases, the activity will be organised under the former Courts of Justice Act framework for in-house lawyers, with a duration of three years, as set out in section 73(13) of the Lawyers Act. The letter also assumes that client funds handling in a real estate brokerage firm is covered by the firm’s existing authorisation and supervisory regime, so the transitional rule in the Lawyers Regulations section 73(4) is unlikely to apply when starting lawyer practice within such a firm.

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