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.

Apply for admission to a law firm


If your business object is advice and representation in legal matters and the legal form of your company is a limited liability company (GmbH) or a UG limited liability, you must be licensed as a law firm. If you are organised as a stock corporation, you can register as a law firm provided that you meet the requirements developed by case law on the basis of § 59c et seq. BRAO.  

After successful admission as a law firm, you will receive a certificate of admission and a certificate of admission.

Process flow

You can obtain the application form from the relevant bar association. Submit the completed and signed application with all the required documents to the Bar Association.

  • The Bar Association examines the admission requirements.
  • If the admission requirements are met, the law firm is admitted and receives a certificate of admission.
  • Upon admission, the law firm becomes a member of the Bar Association.

Requirements

  • The purpose of the company is to advise and represent clients in legal matters.
  • The shareholders are:
    • Lawyers,
    • Patent Attorneys,
    • tax advisors,
    • tax representatives,
    • Auditors or
    • sworn accountants.
  • These partners must be professionally active in the law firm.
  • As a matter of principle, the majority of the shares and voting rights must be held by lawyers.
  • Shares in the law firm may not be held for third parties.
  • Third parties may not participate in the profits of the law firm.
  • As a matter of principle, the majority of the managing persons must be lawyers.
  • The independence of lawyers acting as managing persons, persons with power of attorney or authorised representatives must be guaranteed. Shareholders are not permitted to exert influence.
  • The company must not be in a state of asset decay.
  • There is sufficient professional indemnity insurance from the law firm.
  • Registration of the company in the Commercial Register.

Which documents are required?

The documents required in your case can be found in the application form, in particular the following:

  • Certificate of Incorporation (copy)
  • Proof of professional indemnity insurance or a provisional letter of cover (copy)
  • List of shareholders according to § 8 paragraph 1 number 3 of the Act on Limited Liability Companies (GmbHG) (certified copy)
  • Shareholders' resolution on the appointment of the managing persons, if necessary also of persons with power of attorney and authorized representatives (copy)
  • Employment contracts of managing persons, persons with power of attorney and authorized representatives (copy)
  • Certificate from the respective professional chamber of the existence of the membership of the shareholders (copy)
  • Proof of payment of the administrative fee

What are the fees?

Fees are charged for the admission of the law firm in accordance with the respective fee schedule of the competent bar association.

What deadlines do I have to pay attention to?

Admission must be granted before the commencement of business activities of the law firm.

Processing duration

Your application will be reviewed within 3 months.

Appeal

An application for a court decision may be filed against a negative decision within one month of service (§ 112a (1), § 112c (1) sentence 1 of the Federal Lawyers' Act (BRAO), § 74 (1) sentence 1 of the Code of Administrative Court Procedure (VwGO)).

What else should I know?

The participation of law firms in associations for the joint practice of the profession is not permitted.

The law firm must immediately notify the competent bar association of any changes to the articles of association, the shareholders or in the person of the persons authorised to represent them in accordance with § 59f of the Federal Lawyers' Act (BRAO), as well as the establishment or dissolution of branches, enclosing a publicly certified copy of the respective document.

Technically approved by

Federal Ministry of Justice and Consumer Protection

Professionally released on

27.10.2021

Author

Free State of Saxony, Saxon State Chancellery

The text was automatically translated based on the German content.

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