Register as a legal service provider in a foreign law
Anyone wishing to provide out-of-court legal services in a foreign law must register with the competent authority.
Without registration in the Legal Services Register, legal services in connection with another activity are permitted if they are part of the profession 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 management,
- Advice on subsidies.
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.
The applicant must be personally suitable and reliable. Important standards for the required reliability are the previous life (in particular any criminal offences) and the economic circumstances. Furthermore, proof of special expertise (theoretical and practical) in the relevant areas of law is required.
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 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- a statement as to whether a registration or admission to the bar has been refused, withdrawn, revoked or excluded from the bar in the three years prior to the application and, if so, a copy of the decision,
- Documents proving 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 successfully completed proficiency course, written supervisory work and its evaluation as well as a detailed description of the contents and procedure of the course or certificate of the first examination in accordance with § 5d para. 2 of the German Judges Act (DRiG)
- Proof of professional indemnity insurance (minimum sum insured 250,000 euros for each insured event)
- In addition, if a qualified person is indicated:
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 payable in accordance with No. 1110 of the List of Costs (Annex) to the Judicial Administration Costs Ordinance Act (JVKostG):
Fee: 150,00 EURPayment in advance: NoFee 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 EURPayment in advance: NoFor the registration of another "qualified person".
Fee: 75,00 EURPayment in advance: NoFor the revocation or withdrawal of the registration.
What deadlines do I have to pay attention to?
The activity may not be commenced until permission has been granted.
Processing Time: 3 MonthsMaximum
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, practice this profession as a temporary legal service in Germany.
Technically approved by
Lower Saxony Ministry of Justice
The text was automatically translated based on the German content.