Sachverständige Öffentliche Bestellung und Vereidigung

Section 36 Trade Regulations (GewO)
https://www.gesetze-im-internet.de/gewo/__36.html


§ 36 a trade regulations (GewO)
https://www.gesetze-im-internet.de/gewo/__36a.html

If you would like to be publicly appointed and sworn in as an expert, you can apply to the chamber responsible for you (e.g. IHK, HwK, Chamber of Agriculture, Chamber of Engineers, Chamber of Architects).

If you apply for public appointment and swearing-in as an expert at the competent authority, you must prove that you have the necessary prerequisites.
The competent body can be, for example, a chamber of industry and commerce, a chamber of crafts, a chamber of agriculture, a chamber of engineers or architects, but also a public authority.
It is possible that the competent authority limits the content of your appointment (e.g. to a specialist area), imposes a time limit or conditions (e.g. the requirement to regularly participate in further training).
The public appointment and swearing-in of experts in business transactions confirms the existence of a special professional qualification and personal suitability as an expert for a defined subject area. As a publicly appointed and sworn expert or publicly appointed and sworn expert

• you will be consulted preferentially for the preparation of judicial reports and must comply with corresponding expert orders,
• you have to accept private appraisal assignments within the scope of your capacities,
• You will be assigned to some fields of activity that are closed to other experts (so-called "reserved tasks", for example safety-related inspection of systems requiring approval according to the Federal Immission Control Act).

Your application for public appointment and swearing-in as an expert depends on the following requirements:

• There must be a general need for expert services for the subject area you have named. In this context, it is irrelevant how many experts there are already for the relevant subject area. The only thing that matters is whether the subject matter is of general importance. If it is a subject area for which experts have already been appointed in the past, the general need was already confirmed at the time and is therefore to be assumed.
• You must provide evidence of your special expertise in the subject area you have named. This means that you must have above-average knowledge, experience and skills in the relevant subject area. In addition to evidence in the form of documents to be provided by you (certificates, expert reports you have prepared yourself, references, etc.), participation in an examination by an independent specialist committee made up of experts is also an option.
• Finally, you must have the required personal aptitude. Your personal suitability can be assumed if you can guarantee that you will provide your expert services impartially, independently, objectively and in a manner that is understandable for the client. There should also be no doubts about your personal reliability and integrity. This presupposes that you have previously acted in accordance with the law and live in an orderly economic situation.

Cost type: fixed
Cost amount (fixed): 900 euros
Description of the costs: fee
Method of payment: bank transfer

You can submit the application for public appointment and swearing-in as an expert informally or using a form provided online or by email or post.

• You can find the application form on the website of the chamber responsible for you.
• Submit the application form or the informal application for public appointment and swearing-in as an expert together with the required documents/evidence by post or email.
• The competent authority usually decides on the basis of the evidence you have submitted about your application. Depending on the area of responsibility, an examination date can also be arranged in front of an independent expert committee that will ask for and evaluate your specialist knowledge.
• You can also submit the application form online.

The competent authority decides on your application and informs you of its decision.

Duration (at range): 4 months to 1 month
Remark for further information on the processing time:
The competent authority will process your application as quickly as possible. If an examination date is held, processing can only take place after it has been completed.

Deadline type: none.
Comment (for further information on the deadline): You may only call yourself a publicly appointed and sworn expert or a publicly appointed and sworn expert in legal and business transactions after you have been officially appointed and sworn in.

Applies to experts in the fields of economics, including mining, offshore and coastal fishing, as well as agriculture and forestry, including horticulture and viticulture. The public appointment and swearing-in is carried out in accordance with § 36 GewO.

Objection and administrative court.

Authority for Economy and Innovation