Registrierung von ausländischen Rechtsdienstleisterinnen und Rechtsdienstleistern zur vorübergehenden Erbringung von Rechtsdienstleistungen in der Bundesrepublik Deutschland

Would you like to offer temporary and occasional legal services and are already active as a legal service provider with a branch in other European countries? Then, under certain conditions, you must notify the competent authority.

If you are a natural or legal person or company without legal personality who are legally established in another European country (EU member state, EEA contracting state or Switzerland) for the exercise of a profession mentioned in § 10 para. 1 sentence 1 no. 1 or 2 RDG or for the provision of legal services in a foreign law pursuant to § 10 para. 1 sentence 1 no. 3 RDG and one of the following legal services temporarily and occasionally also in of the Federal Republic of Germany, you must notify the competent authority pursuant to § 19 RDG before providing one of the following legal services for the first time in Germany:

• Debt collection services
• Pension advice in the field of statutory pension and accident insurance, social compensation law, other social security and severely disabled law with regard to a statutory pension and occupational and occupational pensions
• Legal services in a foreign law

This declaration shall be repeated annually if the activity so requires.

The competent authority checks whether the notification has the content required by § 15 para. 2 sentence 3 RDG.

Once the notification is complete, the Authority shall carry out a temporary registration or renewal of the registration for a period of one year and arrange for the public announcement in the Legal Services Register.

They are now registered for a period of one year and can be found by the public via the "Publication platform for extrajudicial legal services".

In addition to the registered providers, prohibitions on the provision of legal services can also be viewed via the "Announcement platform for out-of-court legal services". This strengthens the protection of litigants and legal transactions.

• A message that contains the following:
  • the information to be published pursuant to § 16 para. 2 sentence 1 no. 1 a) - c) RDG,
  • a certificate that the person or company is legally established in an EU, an EEA contracting state or Switzerland for the exercise of a profession pursuant to § 10 para. 1 sentence 1 no. 1 or 2 RDG or a comparable profession or for the provision of legal services in a foreign law (§ 10 para. 1 sentence 1 no. 3 RDG) and is not prohibited from exercising it (even temporarily) or proof of lawful practice in one of those States for at least one year during the preceding ten years, if the profession is not regulated there;
  • proof of professional indemnity insurance or an explanatory statement that it is not possible/unreasonable to take out insurance or that the profession is practised exclusively from the country of establishment,
  • Indication of the professional title under which the activity is to be carried out in Germany and, if applicable, consent to the publication of the telephone number and e-mail address in the Legal Services Register.

Requirements for registration as a temporary legal service provider according to § 15 RDG:

• Legal professional establishment in another European country
• no prohibition of the exercise of the profession
• Professional indemnity insurance or reasons against taking out professional indemnity insurance
• temporary, occasional provision of services within the country

• You can submit the report to the competent authority. The registration procedure is regulated in §§ 15, 16 RDG as well as in the Legal Services Ordinance (RDV). In principle, the Land justice administrations are responsible for registration. The competent authority in Hesse according to § 19 RDG is the Higher Regional Court of Frankfurt am Main.
• The notification can only be made in text form, enclosing the required documents.
• As soon as the notification is complete, the competent authority will trigger a public announcement in the Legal Services Register after registration.

The notification must be made before the first legal service is provided.

After one year, the registration in the Legal Services Register is automatically deleted.

• Legal services based on special expertise – notification for temporary legal services
• wish natural or legal persons and companies without legal personality who are legally established in another Member State of the European Union, in another State party to the Agreement on the European Economic Area or in Switzerland for the exercise of a profession referred to in § 10 para. 1 sentence 1 no. 1 or 2 RDG or for the provision of legal services in a foreign law pursuant to § 10 para. 1 sentence 1 no. 3 RDG, temporarily and occasionally also provide legal services in these areas in Germany, they must generally report to the competent authority pursuant to § 19 RDG,
• notification is required by law
• a breach of an existing registration obligation may lead to the imposition of fines
• According to § 15 Abs. 2 RDG, the notification must contain the following information:
  • the information to be published pursuant to § 16 para. 2 sentence 1 no. 1 a) - c) RDG,
  • a certificate that the person or company is legally established in an EU, an EEA contracting state or Switzerland for the exercise of a profession pursuant to § 10 para. 1 no. 1 or 2 RDG or a comparable profession and that it is not prohibited (even temporarily) from exercising it, or
  • proof of lawful practice in one of these States for at least one year during the preceding ten years, if the profession is not regulated there;
  • proof of professional indemnity insurance , or
  • an explanatory statement that it is not possible/unreasonable to take out insurance or that the profession is pursued exclusively from the country of establishment,
  • indication of the professional title under which the activity is to be carried out in Germany,
  • if necessary. consent to the publication of the telephone number and e-mail address in the Legal Services Register.
• As soon as the notification referred to in paragraph 2 is complete, the competent authority shall carry out a temporary registration or its renewal for one year and arrange for the publication in the Legal Services Register.
• The declaration must be repeated annually in good time for an activity period of more than one year.
• The Higher Regional Court of Frankfurt am Main is responsible for the state of Hesse.

The Higher Regional Court of Frankfurt am Main is responsible for the state of Hesse.

Forms available: Yes

Written form required: No

Informal application possible: Yes, but the use of the forms is appropriate due to the required information.

Personal appearance required: No

Online services available: Yes