Professional practice company; application for admission by lawyers

Lawyers may join together to form professional associations for the joint practice of their profession. Associations with members of other professions are also possible. These must be approved by the bar associations.

Description

Prerequisites

A prerequisite for admission is that the partners and members of the management and supervisory bodies belong to the professional groups listed in sections 59b and 59c BRAO. The professional practice company must have chosen an admissible legal form and must not be in a state of financial collapse. It must also provide evidence that it has taken out professional liability insurance or present a provisional cover note. The professional liability insurance must be taken out with an insurance company authorized to do business in Germany and must cover liability risks for financial losses arising from advice and representation in legal matters. It must be maintained for the duration of the activity.

Once licensed, professional practice companies become members of the licensing chambers.

No admission is required for partnerships in which, firstly, the liability of natural persons is not limited and, secondly, the partners and members of the management and supervisory bodies are exclusively lawyers, patent attorneys, tax consultants, tax agents, auditors or sworn accountants. However, they can voluntarily apply for admission. After admission, they also become members of the admitting bar association.

Procedure

Admission must be applied for using the application form of the competent bar association.

  • The bar association checks the admission requirements.
  • If the admission requirements are met, the professional practice company is admitted.
  • Upon admission, the professional practice company becomes a member of the Bar Association.

Special notes

The regulations on professional practice companies came into force with effect from August 1, 2022. They have replaced the previously applicable regulations on law firms and significantly expanded the possibilities for professional associations of lawyers.

Deadlines

none

Processing time

The competent bar association will decide on your application once all the necessary application documents have been submitted.

Required documents

  • Application for admission of a professional practice company

    The application forms of the competent bar association are displayed under "Forms" if you have selected the location of the registered office of the professional practice company.

  • Proof of conclusion of professional liability insurance or provisional confirmation of coverage

  • Current excerpt from the register, if one is already available

    (A law firm is obliged to take out professional liability insurance with an insurance company authorized to do business in the country and to maintain it for the duration of the license. The minimum insurance sum is 2,500,000 euros for the individual case of damage. The insurer's benefits for all damages caused within one insurance year may be limited to the amount of the minimum insurance sum multiplied by the number of partners and managing directors who are not partners. However, the maximum annual benefit must amount to at least four times the minimum sum insured (§ 59j BRAO in conjunction with § 51 BRAO).

  • In the case of non-lawyer partners or members of the management and supervisory bodies: membership certificate of the competent chamber, if the partners belong to a chamber

    otherwise: suitable qualification, study or activity certificates

  • Information on any further documents that may need to be submitted can be obtained from the relevant bar associations.

Fees

  • Fees are charged for admission. These are determined by the bar association.

    In addition, there is an annual membership fee set by the respective bar association for the company as well as the chamber fee for the individual natural persons, insofar as they are also members of the respective bar association. Information on the amount of the annual membership fees can be obtained from the bar associations.

    The fees and contributions can be paid by bank transfer (also via online banking).

Remedy

Legal disputes in connection with admission to the bar are decided by the Lawyers' Court (sections 112a et seq. BRAO).

Status:15.02.2024

Responsible for editing:Bayerisches Staatsministerium der Justiz

Contains machine translated content. Show the original content

  • Online transactions, Bavaria-wide
  • Online transactions, locally limited
  • Form, Bavaria-wide
  • Form, locally limited
  • Prefillable Form, Bavaria-wide
  • Legal bases, Bavaria-wide
  • Legal bases, locally limited
  • Fees, Bavaria-wide
  • Fees, locally limited
Bild zur Leistungsbeschreibung

Responsible for you

If you select a location under "Localization" the contact details of the responsible authority and, if applicable, locally valid information will be displayed.