Apply for a license to practice law
If your business purpose is to advise and represent you 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 organized as a stock corporation, you can register as a law firm, provided that you meet the requirements that case law has developed based on § 59c ff BRAO.
After successful admission as a law firm, you will receive a certificate of admission and a confirmation of admission.
The application form can be obtained from the relevant bar association. Submit the completed and signed application to the Bar Association with all the necessary documents.
- 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.
Who should I contact?
- The object of the company is to advise and represent clients in legal matters.
- The shareholders are:
- Patent Attorneys,
- Tax advisors,
- Tax agents,
- auditors or
- sworn accountants.
- These partners must be professionally active in the law firm.
- In principle, the majority of the shares and voting rights must be held by lawyers.
- Shares of 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 directors must be lawyers.
- The independence of lawyers acting as managing directors, persons with power of attorney or authorised representatives must be guaranteed. Influence on the part of the shareholders is not permitted.
- The company must not be in financial decline.
- There is sufficient professional liability 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 these may be the following:
- Certificate of incorporation (copy)
- Proof of professional indemnity insurance or a provisional confirmation 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 directors, if necessary also of persons with power of attorney and authorized representatives (copy)
- Employment contracts of the managing directors, the persons with power of attorney and the authorized representatives (copy)
- Certificate from the respective professional chamber on the existence of the membership of the shareholders (copy)
- Proof of payment of the administrative fee
What are the fees?
For the admission of the law firm, fees are charged 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 law firm commences operations.
Your application will be reviewed within 3 months.
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 (Verwaltungsgerichtsordnung, VwGO)).
What else should I know?
The participation of law firms in mergers for the joint practice of the profession is not permitted.
The law firm must immediately notify the competent bar association of any amendment to the articles of association, the shareholders or in the person of the authorised representatives 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
Free State of Saxony, Saxon State Chancellery
The text was automatically translated based on the German content.