Experts; public appointment and swearing-in by the Chamber of Industry and Commerce

The public appointment and swearing-in can be obtained in an administrative procedure at the Chambers of Industry and Commerce.

Description

The public appointment and swearing-in is the distinction provided for in Germany under public law and protected by law for particularly qualified and trustworthy experts in the fields of business. It can be obtained by proving the requirements according to § 36 Gewerbeordnung (Trade, Commerce and Industry Regulation Act) in an administrative procedure at the Chambers of Industry and Commerce.

The purpose of the public appointment is to provide courts, authorities and the public with particularly knowledgeable and personally suitable experts whose statements are particularly credible.

The public appointment includes the rendering of expert opinions and other expert services such as consulting, monitoring, testing, issuing of certificates as well as arbitration and arbitration-related activities.

The rights and duties of publicly appointed experts are primarily regulated in the expert regulations of the chambers of industry and commerce (IHK).

Publicly appointed and sworn experts can be recognized by the legally protected designation "publicly appointed and sworn". The chambers of industry and commerce award the experts a round stamp and issue an expert certificate.

Prerequisites

According to § 36 Gewerbeordnung (Trade, Commerce and Industry Regulation Act) you can be publicly appointed and sworn in as an expert if

  • there is a need for expert services for the subject area applied for,
  • there are no doubts about your suitability,
  • you have a branch office in Germany,
  • you demonstrate above-average specialist knowledge, practical experience and the ability to provide expert opinions,
  • you have relevant knowledge of German law and the ability to explain technical findings and assessments in a comprehensible manner,
  • you live in orderly economic circumstances,
  • you offer the guarantee of impartiality and independence as well as compliance with the duties of a publicly appointed expert.

Foreign certificates of education, qualification and other qualifications are taken into account in the administrative procedure. They must be presented in German.

In addition, experts with qualifications from a member state of the European Union or another state party to the Agreement on the European Economic Area may be publicly appointed if the expert has already demonstrated his expertise there for a specific field of expertise that is essentially comparable, or if he has worked full-time as an expert in two of the last ten years and it is clear from the evidence submitted that the expert essentially possesses the special expertise.

In the case of applicants for the public appointment and swearing-in as an expert, the appointing bodies examine the personal requirements as well as the professional competence of the applicants. In order to support the professional examination, the Institute of Expert Witnesses has published Professional Appointment Requirements for more than fifty subject areas, which have been adopted by the appointing bodies as applicable nationwide. In addition to the professional and technical requirements, the documents sometimes contain requirements for expert reports, the location of the CCI expert panels, and, for some areas, subject area classifications.
In the case of applicants for public appointment and swearing-in as an expert, the appointing bodies check the personal requirements as well as the professional competence of the applicants. To support the professional examination, the Institute of Expert Witnesses has published professional appointment requirements for more than fifty subject areas, which have been adopted by the appointing bodies as applicable nationwide (for a link, see "Further links").

Deadlines

There are no deadlines for applications.

Required documents

  • Fully completed regional IHK form
  • detailed curriculum vitae in tabular form with photograph

    which contains personal details, educational and vocational training, and a detailed description of the professional activity

  • Supporting documents for all certificates, diplomas, deeds relevant to the application

    in particular, the entitlement to use any academic titles and degrees or other professional titles (proof by submission of a certified copy or by simultaneous submission of the originals)

  • Police clearance certificate

    for submission to an authority not older than three months

  • Cost absorption declaration
  • Reference list with indication of persons

    who can provide information on the personal suitability and the "special expertise" to be proven; please also state function, address and telephone number

  • Declaration of consent

    in the case of employment

  • at least three independent expert opinions in the field applied for

    If applicable, further documents, such as papers, publications, essays, scientific papers or studies, lectures, etc., from which the "special expertise" and the ability to provide expert opinions can be demonstrated. If the technical requirements for appointment stipulate further requirements, these must be observed.

Fees

  • The fee for the public appointment is between 350 and 3,480 euros and is charged when the application is submitted.

    The expenses incurred in reviewing the application, in particular by involving the technical committees and other examiners, must also be reimbursed by the applicant. Costs of between 1,000 and 3,000 euros are to be expected, depending on the subject area applied for.

    As a rule, the IHK will request an appropriate advance on costs.

Legal bases

  • § 36 und 36a Gewerbeordnung (GewO)
  • Sachverständigenordnung der Industrie- und Handelskammer
  • Richtlinien zur Sachverständigenordnung der Industrie- und Handelskammern
  • Gebührenordnung der Industrie- und Handelskammer
  • fachliche Bestellungsvoraussetzungen für die einzelnen Sachgebiete

Remedy

Opposition procedure (optional); filing an opposition

(optional) opposition procedure

Links to more information

Status: 01.08.2022

Responsible for editing: Bayerisches Staatsministerium für Wirtschaft, Landesentwicklung und Energie

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