Rechtsdienstleistungen aufgrund besonderer Sachkunde Registrierung von Personen die Rechtsdienstleistungen in einem ausländischen Recht erbringen
Inhalt
Begriffe im Kontext
- Befähigungs- und Sachkundenachweise (2010200)
- Berufszulassungen und Berechtigungen (1040500)
- Anerkennung ausländischer Berufsqualifikationen (1040400)
Fachlich freigegeben am
Fachlich freigegeben durch
If you wish to provide extrajudicial legal services in a foreign law on a commercial basis, you must register and be entered in the legal services register.
Anyone wishing to provide extrajudicial legal services in a foreign law must register with the competent authority. You must be personally suitable and reliable. Important criteria for the required reliability are previous experience (in particular any criminal offenses) and financial circumstances. Furthermore, you need proof of special expertise (theoretical and practical) in the relevant areas of law. Professional liability insurance with a minimum sum insured of 250,000.00 euros for each insured event must be taken out. Natural and legal persons as well as companies without legal personality can be registered. The application can be limited to one or more of the above-mentioned areas of law. If necessary for the protection of legal practitioners or legal transactions, registration may be made subject to conditions or linked to requirements.
- Personal suitability and reliability,
- theoretical and practical expertise in the area or sub-area of Section 10 (1) RDG in which the legal services are to be provided
- professional liability insurance,
- Legal entities and companies without legal personality must appoint at least one natural person who meets all the necessary requirements (qualified person).
- The qualified person must be permanently employed by the company, be independent of instructions and authorized to issue instructions in all matters relating to the company's legal services and be authorized to represent the company externally.
You apply for registration in the legal services register in the area of legal services in a foreign law and submit the application together with the other documents to the competent authority.
The competent authority will review your application. As soon as all requirements have been met and all evidence has been provided, the competent authority will register you and publish the registration in the legal services register. You will receive notification as to whether registration has taken place.
Prohibition:
Persons or associations pursuant to Sections 6, 7 (1) and Section 8 (1) No. 4 and 5 RDG may be prohibited from providing legal services for a maximum of five years if unqualified legal services are provided on a permanent basis to the detriment of those seeking legal advice.
- Legal services register and public announcement:
Pursuant to Section 16 RDG, a transnational legal services register will be established. This serves to provide information free of charge to those seeking legal services, persons offering legal services, the legal profession and other public bodies. 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 in a foreign law) and persons or associations who have been definitively prohibited from providing legal services in accordance with Section 9 (1) RDG are publicly announced in the legal services register. The public announcement pursuant to section 16 para. 3 sentence 1 RDG is made several times a day by means of a central publication of all registration authorities on these pages. The publicly published data will be deleted if the requirements of Section 17 RDG are met.
Legal remedy/means of appeal:
Objection within one month