Leistungen A-Z

 

Bitte geben Sie einen Ort (oder Postleitzahl) an, in dem Sie die Leistung suchen.

 
Bitte geben Sie einen Ort (oder Postleitzahl) an, in dem Sie die Leistung suchen.
Ort suchen

Law Firm Admission

Apply for a law firm to be admitted to the bar

Your responsible authority

Please enter a town (or postcode) where you are looking for the service search place
  • Detailed description

    The Rechtsanwalts-GmbH, like the GbR, the partnership or the Anwalts-AG, is one of several permissible forms of legal activity under company law. The Rechtsanwalts-GmbH has no special or additional advisory powers compared to the sole proprietorship or the law firm lawyer; it is only intended to enable the exercise of a profession in the form of a corporation.

    Admission is made by the bar association in whose district you wish to obtain admission.

  • Requirements

    § 59d BRAO pursuant to § 59m paragraph 2 in conjunction with § 36 BRAO in conjunction with § 26 VwVfG

    There are the following special requirements for the law firm:

    • The object of the company is to advise and represent clients in legal matters
    • Shareholders and managing directors may only be lawyers, patent attorneys, tax consultants, tax agents, auditors or sworn accountants
    • Lawyers are entitled to a majority of the shares and voting rights
    • Responsible leadership by lawyers
    • the shareholders must actively exercise their profession
    • no involvement of borrowed capital
    • the company name must contain the name of at least one legal partner and the designation "law firm"
    • the company must comply with legal requirements
    • sufficient professional indemnity insurance or provisional coverage must be proven
    • the company must not be in a state of deterioration
  • Documents
    • Copy or certified copy of the articles of association
    • Certified copy of the current list of shareholders in accordance with Section 8 (1) No. 3 GmbHG
    • Photocopies of employment contracts
      • of the managing directors
      • of authorized signatories
      • of the authorized representatives for the entire business operations
    • Photocopy of the deed of incorporation
    • Proof of liability insurance or provisional confirmation of cover
    • Proof of payment of the fee
    • Photocopy of the shareholders' resolution on the appointment of the managing directors, if necessary also of authorized signatories (only if the appointment does not result from the articles of association or the certificate of incorporation)
  • Fees

    € 1,025.00 (Regulations of the Bar Association of the State of Brandenburg on the levying of administrative fees for the admission procedure and the appointment of representatives - GO § 1 No. 2)

  • Process
    • Submission of the application to the competent chamber; the application must be signed by hand or accompanied by a qualified electronic signature
    • Examination of the submitted documents and, if necessary, subsequent request for missing documents
    • after determining that all the conditions have been met: issuing the certificate of admission to the law firm
  • Duration

    2 to 4 weeks

  • Responsible authority

    The Bar Association is responsible

  • Legal basis
  • Pointer
    • If proceedings are being conducted against a shareholder or authorised representative of the company with the aim of withdrawing or revoking his licence or appointment, or if a provisional ban on practising or representing the company has been issued against him, the decision on the admission of the law firm may be temporarily suspended.
    • The incorporation of the GmbH, i.e. the deed of incorporation, the notarization and the entry in the register, are not initiated or even carried out by the Bar Association, but only required. The admission of a GmbH as a lawyer's GmbH requires an already completed constituent act under company law, which is essentially based on the provisions of the GmbH Act.
    • After admission, the GmbH can be commissioned as a legal or procedural representative in accordance with § 59 l BRAO.
    • The participation of law firms in mergers for the joint practice of the profession is not permitted.
    • The law firm must immediately notify the Bar Association of any amendment to the articles of association, the shareholders or in the person of the authorized representatives pursuant to § 59f BRAO as well as the establishment or dissolution of branches, enclosing a publicly certified copy of the respective document.
  • More information
    • Federal Court of Justice decision of 10.01.2005 (NJW 2005, 1568) on the admission of a stock corporation as a law firm
    • Federal Court of Justice decision of 14.11.2005 (NJW 2006, 1132) on requirements for the corporate form
  • Approved

    Ministry of Economic Affairs, Labour and Energy

    of the State of Brandenburg

    Heinrich-Mann-Allee 107

    14473 Potsdam

    Phone: +49 (0)331 866-1676

    Fax.: +49 (0)331 866-1753

  • Approved date
    16.01.2020