Registration of persons providing legal services on the basis of special expertise

You want to offer legal services. This may require registration, which identifies you as a legal service provider. You can search whether your service requires registration in the Legal Services Act (§ 2 RDG).

As a natural or legal person and as a company without legal personality, you will normally need to register with your competent authority if you wish to provide legal services in the following areas:

• Debt collection services
• Pension advice in the field of statutory pensions and accident insurance, social compensation law, other social security and severely disabled law with regard to a statutory pension and occupational and occupational pensions
• Legal services in a foreign law

Even if you have already been granted permission to provide legal services under the Legal Advice Act, you must also register in the Legal Services Register if you want to continue providing the legal service (so-called registration as a former licence holder).

Registration is required by law. A violation of an existing registration obligation may lead to the imposition of fines. By registering, you also help to protect legal seekers from unqualified legal services.

Before registering, the competent authority will assess your suitability for the relevant legal service. For this purpose, the submission of all evidence (see required documents) is necessary. In the event of a positive decision by the competent authority, your registration will be completed by means of a public announcement in the Legal Services Register. They are now registered and can be found by the public via the "Publication Platform for Extrajudicial Legal Services". This register of legal services is freely accessible, the search is free of charge (§ 16 RDG).

Please note that registration is only for the requested area (for example, debt collection services) and qualified persons specified with the application. A separate application (change request) is required for each extension of the registration by a sub-area or the registration of other qualified persons.

In addition to the registered providers, prohibitions on the provision of legal services can also be viewed via the "Announcement platform for out-of-court legal services". This strengthens the protection of litigants and legal transactions.

The Higher Regional Court of Frankfurt am Main is responsible for the state of Hesse.

• Application (with concrete description of the future areas of activity)
• Summary of the vocational training course and previous professional practice
• Certificate of good conduct (§ 30 para. 5 of the Federal Central Register Act)
• when applying for registration in the field of debt collection services: Information according to § 150 Abs. 5 of the Gewerbeordnung
• Declaration of ongoing insolvency proceedings or entries in the register of debtors (period: last three years)
• Documents proving theoretical and practical expertise
• Proof of professional liability insurance according to §§ 13 Abs. 2 in V. m. 12 Abs. 1 Nr. 3 RDG
• When applying for registration of a collection service: a description of the content of the intended activities
• For registration as an old licence holder within the scope of the existing licence, only the following documents must be submitted:
  • Application (with specific indication of the areas of activity)
  • Certificate of permission according to the Legal Advice Act
  • Proof of professional indemnity insurance

Forms available: Yes

Written form required: No

Informal application possible: Yes, but the use of the forms is appropriate due to the required information.

Personal appearance required: No

Online services available: Yes

• Prerequisites for registration are according to § 12 RDG:
  • personal suitability and reliability. These cannot exist if, pursuant to § 12 para. 1 no. 1 RDG
    • there is a lack of health suitability,
    • an activity is carried out which is incompatible with the activity applied for because there is a probability of a conflict of obligations beyond the individual case,
    • the financial circumstances are disorderly,
    • one of the reasons mentioned in § 7 No. 1, 2 or 6 BRAO exists,
    • a final conviction for a crime and/or an offence relating to the exercise of a profession has been handed down in the three years preceding the application,
    • in the last three years prior to filing the application, there has been an exclusion from the legal profession, patent attorney or from a profession regulated by the Tax Advisors Act and the Auditing Ordinance, in disciplinary proceedings a dismissal from the notarial office or the service in the administration of justice or in proceedings concerning the prosecution of judges or one of these measures has been pre-empted by a waiver.
  • Theoretical and practical expertise in the relevant areas (§ 12 para. 1 no. 2 RDG), which are regulated in type and scope in §§ 11 and 12 para. 3 RDG and further in §§ 2, 3 RDV.
  • Legal persons and companies without legal personality must designate at least one natural person who fulfils the necessary conditions. This person must, as a future qualified person,
    • be permanently employed in the company,
    • be independent of instructions and authorised to issue instructions in all matters relating to legal services,
    • as well as to represent them externally.
  • Professional liability insurance with minimum sum insured of € 250,000 for each insured event (§ 12 para. 1 no. 3 RDG, § 5 RDV)
• In the case of holders of old licences, the presentation of the licence certificate is required (§ 1 para. 1 RDGEG). The competent authority also checks whether there is sufficient professional indemnity insurance in accordance with § 12 para. 1 no. 3 RDG (§ 1 para. 4 RDGEG).

• An objection is possible if the decision is not made in accordance with the application.
• There is an objection period of one month after the decision.
• In the event of a negative objection decision, an action may be brought.

You can apply for registration via the authority responsible for you. The registration procedure is regulated in §§ 12, 13, 16 RDG as well as in the Legal Services Ordinance (RDV). In principle, the Land justice administrations are responsible for registration. The competent authority in Hesse according to § 19 RDG is the Higher Regional Court of Frankfurt am Main.

• The application is made in text form, enclosing the required documents.
• The application is then examined and the authority decides whether registration can take place.
• After registration, the competent authority triggers a public announcement in the Legal Services Register.
• Subsequently, you will usually receive a cost accounting to settle the fees incurred.

There are no deadlines.

For

• registration (including registration of a qualified person in the case of legal persons or companies without legal personality): EUR 150.00
• each additional entry of a person: additional 150,00 Euro
• Revocation or withdrawal of registration: 75,00 Euro

The fee for registration is € 150.00 (including a qualified person, plus expenses, if applicable) according to the Judicial Administration Costs Ordinance (JVKostO). If each other qualified person registers, an additional fee of € 150.00 will be charged.: Fee 150,00 EUR