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 disability law relating to a statutory pension as well as occupational and occupational pensions
Pension advice is a part 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".
As soon as all the conditions have been fulfilled and all evidence has been provided, the competent authority shall carry out the registration and arrange for its publication in the Legal Services Register.
Who should I contact?
The jurisdiction lies with the regional court and the larger district court (so-called Präsidialamtsgericht).
This procedure can also be carried out through a "Point of Single Contact". The "Point of Single Contact" is a special service offered by municipalities and the state for service providers.
It is possible to register those who
- personally suitable for the exercise of the activity and
- is also reliable as well as
- has special expertise (theoretical and practical) and proves this by means of documents.
Important benchmarks for the required reliability are
- the previous life (in particular any criminal offences) and
- economic conditions.
- If this is necessary for the protection of litigants or legal transactions, registration may be subject to conditions or subject to conditions.
Which documents are required?
- Summary of the vocational training course and previous professional practice
- 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 filing the application
- Statement as to whether registration or admission to the bar has been refused, withdrawn or revoked or expelled from the legal profession in the three years preceding the application and, if so, a copy of the decision
- Documents proving practical expertise:
- Employment references/other certificates of previous practical activity or qualification for judicial office according to the German Judges Act (DRiG)
- Documents proving theoretical expertise:
- Certificate of successfully completed competence 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 Abs. 2 of the German Judges Act (DRiG)
- Proof of theoretical competence by other certificates, in particular the degree certificate from a German university or university of applied sciences for at least three years of university or university of applied sciences course with predominantly legal content, if the course of study imparts the legal knowledge required under § 11 para. 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 indicated, documents showing that the qualified person is permanently employed in the company, independent of instructions and authorised to issue instructions and has the right to represent him externally
Section 26(2) of the Insolvency Code (Insolvenzordnung, InsO)
What are the fees?
Fees are charged in accordance with No. 1110 of the list of costs (annex) to the Judicial Administration Costs Act (JVKostG).
Fee: 150,00 EURPayment in advance: NoRegistration fee. This also covers the simultaneous registration of a "qualified person" when registering a legal person.
Fee: 150,00 EURPayment in advance: NoFee for the registration of another "qualified person".
Fee: 75,00 EURPayment in advance: NoFee for revocation or withdrawal of registration.
List of costs (annex) of the Judicial Administration Costs Act (JVKostG)
What deadlines do I have to pay attention to?
The activity may not be commenced until permission has been granted.
Processing Time: 3 MonthsMaximum
§ 10 paragraph 1 no. 2 Legal Services Act (RDG)
Section 13 (1) sentence 3, (2) sentence 1 of the Legal Services Act (RDG)
§ 6 paragraph 1 sentence 1 Legal Services Ordinance (RDV)
§ 32 Ordinance on the Regulation of Jurisdiction in the Judiciary and the Administration of Justice (ZustVO-Justiz)
Applications / forms
- Application forms can be found on the announcement platform for out-of-court legal services
- Online application for NAVO
- Written form requirement: yes
Generally available remedies
If the competent authority does not decide in accordance with the application or revokes a registration (§ 14 RDG), an objection or immediate action may be brought before the administrative court with the competent authority within one month.
An appeal against a negative objection decision may also be brought before the administrative court.
The registration authority shall not decide on disputes between registered legal service providers and recipients or between legal service providers. Civil claims between the parties must be brought before the ordinary courts.
What else should I know?
Anyone who is established in the European Economic Area (EEA) for the exercise of a profession related to the provision of legal services may, under certain conditions, exercise this profession occasionally and as a temporary legal service in Germany.
Technically approved by
Lower Saxony Ministry of Justice
List ID 284 (whitelist; Status: 12.07.2021)
The text was automatically translated based on the German content.