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Register as a pension advisor


Anyone wishing to provide pension advice in the following areas must register with the competent authority:

  • statutory pension and accident insurance
  • social compensation law
  • other social security and severely disabled persons law with reference to a statutory pension as well as company and professional pensions

Pension advice is a sub-area of legal advice according to § 10 of the Legal Services Act (RDG). Further information can be found in the service "Legal services based on special expertise: registration".

Process flow

As soon as all the conditions have been fulfilled and all the evidence has been provided, the competent authority shall register and arrange for its public publication in the Legal Services Register.

Who should I contact?

The jurisdiction lies with the Regional Court and the larger district court (so-called President's District Court).

This procedure can also be handled by a "Point of Single Contact". The "Point of Single Contact" is a special service offered by the municipalities and the state for service providers.

Requirements

  • Anyone who can register

  • personally suitable for the exercise of the activity and
  • is also reliable, as well as beyond
  • has a special expertise (theoretical and practical) and proves this with documents.
  • Important benchmarks for the required reliability are:

  • the previous life (in particular any criminal offences) and
  • the economic conditions.
  • If this is necessary for the protection of litigants or legal transactions, registration may be made subject to conditions or subject to conditions.

Which documents are required?

  • Summary of the vocational training course and the previous practice of the profession
  • Certificate of good conduct for authorities (document type O)
  • Declaration as to whether insolvency proceedings are pending or whether an entry in a list of debtors pursuant to Section 26 (2) of the Insolvency Code (InsO) has taken place in the last three years prior to the filing of the application
  • Statement as to whether a registration or admission to the bar has been refused, withdrawn or revoked or whether an exclusion from the legal profession has taken place in the last three years prior to the application and - if this is the case - a copy of the decision
  • Documents to prove practical expertise:
    • References/other certificates of previous practical activity or qualification for judicial office in accordance with the German Judges Act (DRiG)
  • Documents to prove theoretical expertise:
    • Certificate of successful completion of the expert training course, written supervision work and evaluation as well as a detailed description of the contents and course of the course
    • Or certificate of the first examination according to § 5d para. 2 of the German Judges Act (DRiG)
    • Proof of theoretical expertise in the form of other certificates, in particular the degree certificate from a German university or university of applied sciences for a university or university of applied sciences course of study of at least three years with predominantly legal study content, if the course of study imparts the legal knowledge required under Section 11 (1) or (2) of the Legal Services Act.
  • Proof of professional indemnity insurance
  • (Minimum sum insured 250,000 euros for each insured event)
  • If a qualified person is specified, also: documents showing that the qualified person is permanently employed in the company, is independent of instructions and authorized to issue instructions and has an authorization to represent the company externally

What are the fees?

Fees are charged in accordance with No. 1110 of the Schedule of Costs (Annex) to the Judicial Administration Costs Ordinance Act (JVKostG).

Fee: 150,00 EUR
Payment in advance: No
Fee for registration. In the case of the registration of a legal entity, this also covers the simultaneous registration of a "qualified person".

Fee: 150,00 EUR
Payment in advance: No
Fee for the registration of another "qualified person".

Fee: 75,00 EUR
Payment in advance: No
Fee for revocation or withdrawal of registration.

What deadlines do I have to pay attention to?

The activity may not be commenced until permission has been granted.

Processing duration

Applications / forms

  • Application forms can be found on the notice platform for out-of-court legal services
  • Online application for NAVO
  • Written form requirement: yes

Appeal

Commonly available remedies

If the competent authority does not decide in accordance with the application or revokes a registration (§ 14 RDG), an objection can be lodged with the competent authority within one month or an immediate action can be brought before the administrative court.

An action against a negative notice of objection can also be brought before the administrative court.

The registration authority shall not rule on disputes between registered legal service providers and recipients or between legal service providers. Civil law claims between the parties must be asserted before the ordinary courts.

What else should I know?

Anyone who is established in the European Economic Area (EEA) for the purpose of exercising a profession related to the provision of legal services may, under certain conditions, practise this profession occasionally and as a temporary legal service in Germany.

Technically approved by

Lower Saxony Ministry of Justice

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