Rechtsdienstleistungen aufgrund besonderer Sachkunde Registrierung von Personen die Rechtsdienstleistungen in einem ausländischen Recht erbringen

If you want to provide out-of-court legal services under foreign law on a commercial basis, you must register and have them entered in the legal services register.

Anyone wishing to provide out-of-court legal services under foreign law must register with the competent authority.

You must be personally suitable and reliable. Important standards for the required reliability are the past life (in particular any criminal offenses) and the economic circumstances. You also need proof of special expertise (theoretical and practical) in the relevant areas of law. Professional liability insurance with a minimum insured sum of EUR 250,000.00 for each insured event must be taken out.
Natural and legal persons as well as companies without legal personality can be registered. The request may be limited to one or more of the above areas of law. If this is necessary for the protection of those seeking justice or legal transactions, the registration can be made dependent on conditions or associated with requirements.

• Summary of the vocational training course and previous professional practice,
• Certificate of good conduct (document type O),
• Declaration as to whether insolvency proceedings are ongoing against the applicant or whether an entry has been made in the list of debtors in the last three years prior to the application,
• Documents to prove the theoretical (§ 2 RDV) and practical (§ 3 RDV) expertise:

1. Legal services in a foreign law require special expertise in the foreign law or in the sub-areas of the foreign law for which registration is requested. In the field of legal services in a foreign law, the theoretical expertise is usually proven by a certificate from a foreign authority that the person to be registered is or was lawfully established in the foreign country to practice the legal profession or a comparable legal advisory profession. The degree certificate from a foreign university on the successful completion of a course of study that corresponds in scope and content to the courses of study mentioned in paragraph 1 sentence 3 RDV is sufficient as proof of theoretical expertise. If the application is limited to a sub-area, a certificate from a foreign authority stating that the person to be registered is or was lawfully established in the foreign country to practice a profession that includes the sub-area applied for is sufficient as proof of theoretical expertise. Proof of expertise in a foreign law only extends to the law to which the submitted certificates refer,
2. A certificate from a foreign authority stating that the person to be registered is or was lawfully established in the foreign country to practice the legal profession or a comparable legal advisory profession is also sufficient as proof of practical expertise,

• professional liability insurance with a minimum insured sum of 250,000 euros for each insured event.

In the case of legal persons or unincorporated companies: the above evidence, with the exception of professional indemnity insurance, must be provided separately for each qualified person.

In addition, proof must be provided for each qualified person that they meet the requirements of Section 12, Paragraph 4, Sentence 2 of the RDG. Evidence must therefore be provided for the following points:

• permanent employment in the company,
• Independence from instructions and authority to issue instructions,
• Authorization to represent in external relations.

150 euros

Note: The fees for matters under the Legal Services Act are determined according to Section 1 Paragraph 2 No. 3 of the Judicial Administration Costs Act. No. 1110 Registration according to the RDG.

When registering a legal person or a company without legal personality, the fee also covers the registration of a qualified person in the Legal Services Register.
€150.00

No. 1111 entry
Entry of a qualified person in the legal services register if the entry is not covered by fee 1110, per person:
€150.00

No. 1112 Revocation or Withdrawal of Registration
€75.00

Approx. 4 weeks from receipt of the complete documents.

A decision on the application must be made within a period of three months.

In principle, an activity according to the RDG may only be carried out after registration. There are no application deadlines for registration.

There are the following hints:

Prohibition: Persons or associations according to §§ 6, 7 paragraph 1 and § 8 paragraph 1 no. 4 and 5 RDG can be prohibited from providing legal services for a maximum of five years if permanently unqualified legal services are provided to the detriment of the person seeking legal services.

Legal services register and public notice:
According to § 16 RDG, a transnational register of legal services will be set up. This serves to provide free information to those seeking legal advice, to persons offering legal services, to legal transactions and to other public bodies. The legal services register lists persons who are permitted to provide legal services in one or more of the areas or sub-areas specified in Section 10 (1) RDG (debt collection services, pension advice and legal services under foreign law), and persons or associations who are permitted to provide legal services in accordance with Section 9 Para. 1 RDG has been definitively prohibited, made public. The public announcement according to § 16 paragraph 3 sentence 1 RDG takes place several times a day through a central publication of all registration authorities on these pages. The publicly disclosed data will be deleted if the requirements of Section 17 RDG are met.

Complaint before the administrative court
contradiction

Hamburg District Court