Application for registration in the list of companies of the Lower Saxony Chamber of Architects (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. architectural 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 Lower Saxony Chamber of Architects 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 corporation in the list of companies, several requirements must be met.
The company can also be entered in the list of companies with the addition "freelance" if all shareholders and persons authorized to manage the company act independently (§ 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 regulated in § 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 Section 16 (4) NArchtG,
3. the purpose of the company is the exclusive performance of professional tasks in accordance with § 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 further shares are held only by natural persons who are members of a liberal profession,
6. the company shows which professional titles according to § 1 para. 1 NArchtG (architect/landscape architect/interior designer/urban planner) the shareholders have,
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 third parties 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 from which it follows that a person authorised to manage the company does not have the reliability 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 for the duration of the registration without interruption of the insurance cover. The insurance must extend for at least five years after the date of deletion of the entry in the list of companies. Personal injury must be insured at least 1,500,000 euros, property damage and financial loss at least 200,000 euros per insured event. The insurer's benefits for all damages caused within an insurance year may be limited to the amounts specified in sentence 3, multiplied by the number of shareholders and persons authorized to manage the company who are not shareholders; however, there must be at least three times the coverage in accordance with sentence 3. Section 11 (2) and (5) NArchtG shall apply accordingly.
A company is entered in the list of companies with the addition "freelance" if all shareholders and persons authorised to manage the company are independent within the meaning of Section 10 (2) sentence 3 NArchtG.
Which documents are required?
The application must be accompanied by the following documents:
- Copy of the memorandum of association in its full wording; in particular, the content of the articles of association must provide that the provisions of Section 16 (1) Nos. 3, 4, 6, 8 and 9 NArchtG have been implemented.
- List of shareholders with the following information in particular: surname, first name, date of birth, place of residence, profession (in the case of architects, landscape architects, interior designers and urban planners with information on the entry in the list of architects, in the case of non-professional members: proof of the exercise of a liberal profession), capital contribution(s), voting share,
- List of managing directors with the following information: surnames, first names, date of birth, place of residence, profession (for architects, landscape architects, interior designers, urban planners with details of 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 it has already been filed),
- If applicable, current excerpt from the commercial register (with list of shareholders) in the case of a company already entered in the register,
- Proof of professional indemnity insurance of the company in accordance with § 16 para. 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 enclose a receipt with your registration application, e.g. a printout of the transfer for online banking via the payment. 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 in it.
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
Lower Saxony Chamber of Architects
The text was automatically translated based on the German content.