Please enter a search term.

Please note:You can only obtain complete information if you indicate the place of residence, the place of business or the building project, depending on the procedure.


Application for entry in the register of foreign companies at the Chamber of Architects of Lower Saxony

The professional titles "architect", "interior designer", "landscape architect" and "urban planner" and similar designations are protected in Lower Saxony.

Companies domiciled abroad that wish to use one of the protected designations in Lower Saxony in the company must be registered in the register of foreign companies and must notify the Chamber of Architects of their first action. In the registration procedure, various requirements must be proven.

External companies entered in the register receive a certificate which also gives them the right to use the professional title.

Process flow

An application for registration must be submitted in writing or online using the form provided. The above-mentioned evidence shall be attached to the application.

Requirements

Foreign societies may use the professional title architect, interior designer, landscape architect or urban planner or a similar designation (e.B. architectural office) in Lower Saxony in their name or company if they are entered in the register of foreign societies of the Chamber of Architects of Lower Saxony (AKNDS) or a comparable directory of foreign companies in another federal state (§ 1 para. 4 NArchtG). "Auswärtig" is a company if its registered office is outside the Federal Republic of Germany.

The entry in the list of foreign companies maintained by the AKNDS takes place under the conditions of § 17 NArchtG.

Excerpt from the NArchtG:

§ 17 NArchtG Entry in the list of foreign companies

(1) A company that is neither entered in the list of companies nor in the corresponding register in another federal state (foreign company) shall be entered in the list of foreign companies on application if it

1. intends to operate in Lower Saxony,

2. is authorised, under the law of the State in which it has its registered office, to use a designation in its name or firm in accordance with the first sentence of Paragraph 1(1) or (2), and

3. fulfils the conditions laid down in § 16.1 sentence 1 no. 2, 3, 5 and 7.

2 § 16 (2) to (4) shall apply mutatis mutandis.

(2) § 16 (6) sentence 1 and § 12 (1) sentence 5 and § 2 shall apply mutatis mutandis to the registration procedure.

(3) 1 Foreign societies that are registered in the register of foreign companies must notify the Chamber of Architects of their first activity in Lower Saxony. 2 If one year has passed since the last notification and the foreign company intends to continue to operate in Lower Saxony, it must notify the Chamber of Architects accordingly.

(5) An external company may use its name or its company name, which it maintains in accordance with the law of the State in which it has its registered office, without entry in the list of foreign companies, provided that confusion with a designation pursuant to Paragraph 1(1) or (2) is excluded.

§ 16 NArchtG Entry in the list of companies

1. A capital company shall be entered in the list of companies on request if:

2. it has professional indemnity insurance in accordance with paragraph 4;

3. The purpose of the company is the exclusive performance of professional tasks according to § 2,

5. architects 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;

7. at least half of the persons authorised to manage the business are architects, ...

(2) Entry in the list of companies shall be refused if there are facts showing that a person authorised to manage the business does not have the necessary good repute for the profession.

(3) 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 § 10 (2) sentence 3.

(4) The company must take out sufficient professional indemnity insurance 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 beyond the date of deletion of the entry in the list of companies. Personal injury must be insured at least EUR 1 500 000, property damage and financial losses at least EUR 200 000 per insured event. The insurer's benefits for all damages caused within an insurance year may be limited to the amounts referred to in sentence 3, multiplied by the number of shareholders and persons authorised to manage the business who are not partners; however, there must be at least three times the amount of the amounts referred to in sentence 3. § 11 (2) and (5) shall apply accordingly.

(6) The application for entry in the list of companies shall be accompanied by the documents necessary for the decision on the application, in particular a copy of the articles of association, a list of shareholders and proof of registration for the commercial register or partnership register. § 12 paragraphs 2 and 3 sentences 1 and 2 shall apply accordingly.

Which documents are required?

The application shall be accompanied by the following documents:

  • Current Articles of Association
  • List of shareholders
  • List of managing directors
  • Current extract from the register of the country of origin
  • Declaration by the competent authority of the home Member State that the company is authorised in the State in which it has its registered office to use a designation in accordance with § 1 sec. 1 or sec. 2 sentence 1 NArchtG in its name or of the company
  • Proof of professional indemnity insurance of the company in accordance with § 16 Abs. 4 NArchtG or equivalent insurance cover
  • If applicable, proof of freelance status

What are the fees?

Registration fee: 465,00 EUR

A fee of EUR 144.00 per year will be charged per entry for checking, updating and disseminating the lists.

In the case of companies that have their registered office in another member state of the European Union, a state party to the Agreement on the European Economic Area or a state treated as such by agreement, the fees shall not apply.

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.

Processing duration

Usually up to 3 months, maximum 4 months

Appeal

Possibility of bringing an action before the Administrative Court of Hanover

What else should I know?

Information on registration

Author

The text was automatically translated based on the German content.

Technically approved by

Chamber of Architects of Lower Saxony

Professionally released on

02.09.2020

Source: Serviceportal Niedersachsen (Linie6PLus)

Further Links

Single points of contact of the state of Lower Saxony, Single points of contact of the countries of Europe, advice and assistance for EU citizens and their families.