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Registration of out-of-court legal services


According to § 2 RDG, any activity in specific third-party matters that requires a legal examination of the individual case is a legal service. Activities that meet this requirement may only be performed under the conditions laid down in the RDG or other laws.

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 part of the professional or activity profile as an ancillary service. Permitted ancillary services are legal services provided in connection with one of the following activities:

  • execution of wills,
  • Property and apartment management,
  • Subsidy advice.

The provision of legal services by special professional groups regulated by other laws remains unaffected (e.g. lawyers, insurance consultants). Comprehensive legal advice and representation of legal interests, including representation in court, will continue to be reserved for the legal profession.

Process flow

Once all the requirements have been met and all the evidence has been provided, the competent authority will register and arrange for it to be published in the Legal Services Register.

Requirements

Anyone who can be registered

  • personally suitable for the performance of the activity and
  • is also reliable, as well as
  • has special expertise (theoretical and practical) and proves this by means of documents.

Important measures of the required reliability are:

  • the previous life (in particular any criminal offences) and
  • the economic conditions.

If this is necessary to protect 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 previous professional practice
  • Certificate of good conduct for authorities (document type O)
  • Declaration of whether insolvency proceedings are pending or whether an entry has been made in a list of debtors in accordance with Section 26 (2) of the Insolvency Code (InsO) or Section 882b of the Code of Civil Procedure (ZPO) in the last three years prior to the filing of the application
  • a declaration 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 so, a copy of the decision,
  • Documents to prove practical expertise: Employment 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 successfully completed expert knowledge course, written supervisory papers and their evaluation as well as a detailed description of the contents and course of the course or certificate of the first examination in accordance with § 5d para. 2 of the German Judges Act (DRiG)
  • Proof of professional liability 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 authorised to issue instructions and has the right to represent the company externally

What are the fees?

Fees are payable in accordance with No. 1110 of the list 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 registering another "qualified person".

Fee: 75,00 EUR
Payment in advance: No
Fee for revoking or withdrawing registration.

What deadlines do I have to pay attention to?

The activity may only be commenced once the permit has been granted.

Processing duration

Processing Time: 3 Months
Maximum

Applications / forms

  • Application forms can be found on the announcement platform for out-of-court legal services
  • OnlineApplication for NAVO

Appeal

Generally available remedies

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

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

The Registration Authority does not decide on disputes between registered legal service providers and recipients or between legal service providers. Civil law claims between the parties involved 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 practising a profession related to the provision of legal services may, under certain conditions, practise this profession as a temporary legal service in Germany.

Technically approved by

Lower Saxony Ministry of Justice

Author

The text was automatically translated based on the German content.

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