Apply for registration in the Legal Services Register with professional qualifications from EU and EEA countries and Switzerland
If you wish to provide a legal service with a foreign professional qualification in the areas of debt collection, pension advice or legal advice in foreign law, you must register in the Legal Services Register.
The aim is to protect those seeking justice from unqualified legal services.
You will need to apply for an entry in the register if you want to provide legal advice in any of these areas:
- Debt collection services
- Pension advice in the field of
- the statutory pension and accident insurance
- of social compensation law
- the rest of the social security and severely disabled persons law with reference to a statutory pension
- occupational and occupational pensions
- Legal services in a foreign law
A legal service is any activity in specific third-party matters as soon as it requires a legal examination of the individual case.
In order to be able to register, you must prove that you have special theoretical and practical expertise.
If you have obtained your professional qualification in an EU or EEA country or Switzerland, you can prove your practical expertise by completing an adaptation period of at least 6 months.
After successful registration in the Legal Services Register, you may use the term "debt collection", as well as the term "pension advisor" or similar terms in your job title.
If you have provided permanently unqualified legal services to the detriment of those seeking justice, you may be prohibited from providing further legal services for a maximum of 5 years.
You can apply for entry in the Legal Services Register in writing or electronically to the competent registration authority using the forms provided.
- Access the necessary application forms online in the registration portal.
- Fill out the forms completely. Pay particular attention to:
- to the indication of the area or sub-area for which the registration is to take place,
- in the case of registration for legal services in a foreign law: to the indication of the foreign law to which the registration is to relate.
- You submit the application forms together with the other documents to the competent registration authority.
- As a result of the application review, you will receive a written notification as to whether the registration has taken place.
- The costs will be charged after the check has been carried out. You will receive a separate invoice.
You must be entitled to provide a legal service in the areas of debt collection, pension advice or legal advice under foreign law in an EU or EEA state or Switzerland.
They must demonstrate special theoretical and practical expertise.
- They can provide theoretical expertise in particular by confirming from the competent authority of the country of origin that there is an authorisation to practise the profession there. Depending on whether or not the profession is regulated in the country of origin, further evidence may be required, in particular on the duration of the profession.
- You can provide proof of practical expertise by submitting a certificate of completion of an adaptation period of at least 6 months.
- You must prove your personal suitability and reliability.
- Taking out professional indemnity insurance
If you have acquired a European professional qualification (in accordance with Section 12 (3) sentence 4 RDG) in another EU member state or state party to the Agreement on the European Economic Area, you can also prove your theoretical expertise (taking into account your existing professional qualification) by means of an adaptation period.
In the cases of the European professional qualification (see above, § 12 para.3 sentence 4 RDG), you must prove by means of suitable documents, in particular the certificate from a foreign authority, that the requirements of § 12 para.3 sentence 4 RDG are met. In addition, separate proof of theoretical expertise is not required.
Which documents are required?
- Application form
- Summary of the vocational training course and the previous professional practice of the person to be registered
- Documents demonstrating the theoretical and practical expertise of the person to be registered
- If applicable, job references
- Proof of professional indemnity insurance for the person to be registered
- Certificate of good conduct
- Statement as to whether insolvency proceedings are pending or whether an entry in the list of debtors has been made in the last three years prior to the filing of the application
- If we are talking about an application in the field of debt collection services, then the following are additionally required:
- Information according to § 150 paragraph 5 of the Industrial Code
- Presentation of the content of the intended activities
- 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?
Costs are incurred 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: NoRegistration (including registration of a qualified person in the case of legal persons or companies without legal personality)
Fee: 150,00 EURPayment in advance: NoRegistration for each additional qualified person
Fee: 75,00 EURPayment in advance: NoRevocation or withdrawal of registration
What deadlines do I have to pay attention to?
There is no deadline.
Applications for registration must generally be processed within 3 months.
Applications / forms
Forms available: Yes
Written form required: Yes
Informal application possible: No
Personal appearance required: No
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.
What else should I know?
Certificates and proofs that are not issued in German may be required to submit a translation.
Technically approved by
Lower Saxony Ministry of Justice
The text was automatically translated based on the German content.