Legal services; registration in case of permanent provision
The permanent provision of legal services (debt collection, pension advisor and legal expert in a foreign law) in Germany must be registered.
Description
Natural and legal persons as well as companies without legal personality who wish to permanently provide legal services in the field of debt collection, as pension consultants and as legal experts in a foreign law (registered persons) require registration for this purpose in accordance with the Legal Services Act (RDG). The application must be addressed to the registration authority in whose district the activity is to be performed.
Prerequisites
The prerequisites for registration are personal suitability and reliability, theoretical and practical expertise, and professional liability insurance (Section 12 (1) RGD).
Theoretical expertise must be proven to the competent body by means of certificates. As a rule, practical expertise requires at least two years of professional practice under supervision or practical professional training. As a rule, twelve months of this must be spent in Germany in the case of the intended provision of debt collection services and 18 months in the case of the intended provision of pension consulting services.
If the applicant is authorized to provide debt collection services or pension consulting services or to exercise a comparable profession in a member state of the European Union, another state party to the Agreement on the European Economic Area or Switzerland, the expertise can also be proven by an adaptation course of at least six months. The prerequisite for this is that the applicant can present proof of training or qualification within the meaning of Art. 11 letter b, c, d, or e of the EU Directive on the Recognition of Professional Qualifications. The competent office will provide information on the details of this.
Processing time
The competent authority shall decide on an application for registration under the Legal Services Act no later than three months after receipt of all required application documents. In individual cases, the processing period may be extended if necessary.
Required documents
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Application for registration under the Legal Services Act
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Description of the professional training and the professional practice to date
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Proof of theoretical and practical expertise
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Certificate of good conduct in accordance with § 30 Para. 5 of the Federal Central Register Law
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Proof of professional liability insurance
(During the period of professional activity, professional liability insurance must be maintained with an insurance company authorised to do business in Germany. The minimum insurance sum is 250,000 euros for the individual case of damage. The benefits of the insurer for all damages caused within one insurance year can be limited to four times the amount of the minimum insurance sum (§ 12 Para. 1 RDG, § 5 RDV)).
Fees
- A fee of 150 euros is payable for registration, and a fee of 75 euros is payable for revocation or withdrawal of registration (Nos. 1110 and 1112 of the Schedule of Fees to the Judicial Administration Costs Act - JVKostG). The fees can be paid by bank transfer (also via online banking).
Links to more information
Status: 14.02.2023
Responsible for editing: Bayerisches Staatsministerium der Justiz
- 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