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


The job 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 entered in the register of foreign companies and must notify the Chamber of Architects of their first intervention. In the registration procedure, various requirements must be proven.

Foreign companies entered in the register receive a certificate which also states 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 abovementioned supporting documents shall be attached to the application.

Requirements

Foreign companies may use the professional title of architect, interior designer, landscape architect or urban planner or a similar designation (e.g. architectural office) in Lower Saxony in their name or company if they are entered in the register of foreign companies of the Chamber of Architects of Lower Saxony (AKNDS) or a comparable list 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 register of foreign companies

(1) A company which is not entered in the list of companies or in the corresponding list in another Land (foreign company) shall, upon application, be entered in the register of foreign companies 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 company name in accordance with the first sentence of Paragraph 1(1) or (2), and

3. fulfils the conditions laid down in Paragraph 16(1), first sentence, nos. 2, 3, 5 and 7.

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

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

(3) 1 Foreign companies entered in the list of foreign companies must notify the Chamber of Architects of their first activity in Lower Saxony. 2 If one year has elapsed since the last notification and the external company continues to intend to become active in Lower Saxony, it must notify the Chamber of Architects accordingly.

(5) A foreign company may use its name or business name, which it uses 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 there is no confusion with a designation under Paragraph 1(1) or (2).

§ 16 NArchtG Entry in the list of companies

1. A capital company shall, on application, be entered in the list of companies 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 company are architects, ...

(2) Entry in the list of companies shall be refused if there are facts from which it is apparent that a person authorised to manage the company does not have the good repute required by the profession.

(3) A company shall be 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 section 10 (2) sentence 3.

(4) The company shall take out professional indemnity insurance sufficient to cover damage caused in the exercise of the profession and shall maintain the insurance for the duration 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) shall apply mutatis mutandis.

(6) The application for entry in the list of companies shall be accompanied by the documents required for the decision on the application, in particular a copy of the articles of association, a list of partners and proof of registration with the commercial register or partnership register. Section 12 (2) and (3) sentences 1 and 2 shall apply mutatis mutandis.

Which documents are required?

The application must 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 pursuant to § 1 (1) or (2) sentence 1 NArchtG in its name or the name of the company
  • Proof of professional liability insurance of the company in accordance with § 16 Abs. 4 NArchtG or an equivalent insurance cover
  • If applicable, proof of freelance status

What are the fees?

Registration fee: EUR 465.00

A fee of EUR 144.00 per year is charged per registration for checking, updating and disseminating the lists.

For companies that have their registered office in another member state of the European Union, a contracting state to the Agreement on the European Economic Area or a state equivalent by agreement, the fees are waived.

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?

Technically approved by

Chamber of Architects of Lower Saxony

Professionally released on

02.09.2020

Author

The text was automatically translated based on the German content.

Source: Serviceportal Niedersachsen (Portalverbund des Bundes und der Länder)