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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 carried out under the conditions regulated in the RDG or in 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 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.

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

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.

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 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)
  • 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 payable 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

Processing Time: 3 Months
Maximum

Applications / forms

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

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, practice 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)