Legal services based on special expertise: Registration - in the Legal Services Register
Anyone wishing to provide out-of-court legal services in the following areas must register with the competent authority:
- Debt collection services
- Pension advice
- Legal services in a foreign law
Without registration in the Legal Services Register, legal services in connection with another activity are permitted if they are ancillary to the profession or activity. Permitted ancillary services are legal services provided in connection with any of the following activities:
- execution of wills,
- property and apartment management,
- Funding advice.
Further information is available on the announcement platform for out-of-court legal services.
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.
Requirements
- Personal suitability and reliability of the applicant
- Important criteria for the required reliability are the previous life (in particular any criminal offences) and the economic circumstances.
- Proof of special expertise (theoretical and practical) in the corresponding areas of law
- Eligible: natural or legal persons and companies without legal personality
The application may be limited to one or more of the above-mentioned sub-areas.
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- Statement as to whether registration or admission to the bar has been refused, withdrawn or revoked or expelled from the legal profession in the three years preceding the application and, if so, a copy of the decision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
- Proof of professional indemnity insurance
Section 26(2) of the Insolvency Code (Insolvenzordnung, InsO)
What are the fees?
There are fees in the amount of EUR 150.00 according to No. 1110 of the list of costs (annex) to the Judicial Administration Costs Act (JVKostG).
List of costs (annex) of the Judicial Administration Costs Act (JVKostG)
What deadlines do I have to pay attention to?
Deadlines may have to be observed. Please contact the competent authority.
Processing duration
Processing Time: 3 Months
Legal basis
§ 10 paragraph 1 no. 1 Legal Services Act (RDG)
Section 13 (1) sentence 3, (2) sentence 1 of the Legal Services Act (RDG)
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
Author
List ID 281 (whitelist; Status: 12.07.2021)
The text was automatically translated based on the German content.
