Information - Rechtsdienstleistungen; Registrierung bei dauerhafter Erbringung - Dienstleistungsportal Bayern

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.

Deadlines

none

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

• Application for registration under the Legal Services Act
• Description of the professional training and the professional practice to date
• Proof of theoretical and practical expertise
• Certificate of good conduct in accordance with § 30 Para. 5 of the Federal Central Register Law
• 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)).

Forms

• Form, Bavaria-wide: Antrag auf Registrierung nach dem Rechtsdienstleistungsgesetz

  Please note

  This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

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).

Legal bases

• §§ 10 bis 14 Rechtsdienstleistungsgesetz (RDG)
• §§ 2 - 6 Rechtsdienstleistungsverordnung (RDV)
• § 1 Verordnung zur Übertragung von Aufgaben und Befugnissen nach dem Rechtsdienstleistungsgesetz (Rechtsdienstleistungszuständigkeitsverordnung - RDGZustVO)

Links to more information

• Bekanntmachungsplattform für außergerichtliche Rechtsdienstleistungen

Related issues

• Training professions in the field of the administration of justice; application for the determination of the equivalence of a foreign professional qualification
• Legal services; registration in case of temporary provision by EU citizens