Application for entry in the list of companies of the Chamber of Architects of Lower Saxony (corporation)
The Lower Saxony Architects Act (NArchtG) regulates the use of the professional titles "architect", "interior designer", "landscape architect" and "urban planner" in the company name of a corporation (esp. GmbH). The same applies to word combinations with one of the job titles (e.g. group of architects) and similar phrases (e.g. architect's office). One of the above-mentioned designations may only be used by the corporation in the company if it is entered in the list of companies at the Chamber of Architects of Lower Saxony or a comparable list of a chamber of architects of another federal state or is entitled to use the professional title as an external company.
In order to register a capital company in the list of companies, several conditions must be met.
The company can also be entered in the list of companies with the addition "freelance" if all shareholders and persons authorised to manage the company are independently active (§ 16 para. 3 in conjunction with § 10 para. 2 NArchtG).
An application for registration must be submitted in writing or online using the form provided.
The supporting documents referred to under "Required documents" must be attached to the application.
The procedure is essentially governed by § 16 NArchtG.
The application for entry in the list of companies at the Chamber of Architects should be submitted at the same time as the application to the commercial register.
Who should I contact?
According to § 16 NArchtG, a corporation is entered in the list of companies if
1. it has its registered office in Lower Saxony,
2. it has professional indemnity insurance in accordance with the requirements of Paragraph 16(4) of the NArchtG,
3. The purpose of the company is the exclusive performance of professional tasks according to § 2 NArchtG,
4. capital shares are not held for the account of third parties,
5. architects, landscape architects, interior designers or urban planners hold at least half of the capital and voting shares in their name and other shares are held only by natural persons who are members of a liberal profession;
6. the company indicates which professional titles the partners use pursuant to § 1 Abs. 1 NArchtG (architect/landscape architect/interior designer/urban planner),
7. at least half of the persons authorised to manage the company are architects, landscape architects, interior designers or urban planners;
8. voting rights may not be exercised on behalf of or by third parties, and
9. the transfer of capital and company shares is subject to the consent of the company.
Entry in the list of companies shall be refused if there are facts showing that a person authorised to manage the company does not have the good repute required for the profession. The company must take out professional indemnity insurance sufficient to cover damage caused in the exercise of the profession and maintain the insurance during the period of registration without interruption of the insurance cover. The insurance must last at least five years beyond the date of deletion of the entry in the company list. Personal injuries must be insured for at least EUR 1,500,000 and property damage and financial loss at least EUR 200,000 per insured event. The insurer's benefits for all losses caused within an insurance year may be limited to the amounts specified in sentence 3, multiplied by the number of partners and persons authorised to manage the company who are not partners; however, there must be at least three times the amounts specified in sentence 3. Section 11(2) and (5) NArchtG shall apply mutatis mutandis.
A company is entered in the list of companies with the addition "freelance" if all partners and persons authorised to manage the company operate independently within the meaning of § 10 (2) sentence 3 NArchtG.
Which documents are required?
The application must be accompanied by the following documents:
- a copy of the full text of the articles of association; the content of the articles of association must, in particular, provide that the provisions of Paragraph 16(1)(3), (4), (6), (8) and (9) of the NArchtG have been implemented.
- List of partners with in particular the following information: surname, first names, date of birth, place of residence, profession (for architects, landscape architects, interior designers and urban planners with details of entry in the list of architects, for non-professionals: proof of exercise of a liberal profession), capital contribution(s), voting share,
- List of managing directors with the following information: surname, first names, date of birth, place of residence, profession (for architects, landscape architects, interior designers, urban planners with details for entry in the list of architects), powers of representation,
- if applicable, a copy of the application (initial or amendment application) to the commercial register (if already made),
- if applicable, current extract from the commercial register (with list of shareholders) in the case of companies already entered in the register,
- Proof of professional liability insurance of the company in accordance with § 16 Abs. 4 NArchtG.
What are the fees?
Registration fee: EUR 465.00
If you do not use the fully electronic application procedure including the online payment function, please attach a receipt, e.g. printout of the transfer via the payment for online banking, to your registration application. The bank details are:
Nord/LB Hannover: BIC NOLADE2HXXX - IBAN: DE55 2505 0000 0101 4747 81
Commerzbank Hannover: BIC COBADEFFXXX - IBAN: DE97 2504 0066 0338 8345 00
Note: For checking, updating and distributing the list of companies, a fee of EUR 144.00 per year is charged by the companies registered therein.
The following payment methods are possible online:
- Credit card
What deadlines do I have to pay attention to?
There are no deadlines to be observed.
Up to 3 months, in exceptional cases up to 4 months.
Possibility of bringing an action before the Administrative Court of Hanover.
What else should I know?
Technically approved by
Chamber of Architects of Lower Saxony
Professionally released on
The text was automatically translated based on the German content.