Leistungen A-Z

Persons or companies of other EU member states or contracting states to the Agreement on the European Economic Area may, after submitting a notification, provide so-called temporary legal services on the territory of the Federal Republic of Germany if they are entitled to exercise a profession referred to in § 10 (1) RDG or comparable in the state of their establishment.

Requirements for registration (§ 15 RDG):

1. Notification to the competent licensing authority (Brandenburg Higher Regional Court) § 15 para. 2 RDG;
2. Person or company must come from a member state of the European Union or another state party to the Agreement on the European Economic Area;
3. The person or company must be legally established abroad for the purpose of exercising one of the professions referred to in Section 10 (1) RDG or a comparable profession;
4. during the period of notification, the activity must not have been prohibited by foreign authorities;
5. the exercise in the Federal Republic of Germany is occasional or temporary;
6. the activity must have been pursued in the State of establishment for at least 2 years within the previous ten years if the profession is not regulated in the State of establishment.

A regulated profession is a professional activity or a group of professional activities in which access to or pursuit or one of the types of pursuit is linked, directly or indirectly, by laws, regulations or administrative provisions, to the possession of certain professional qualifications. One type of exercise is, in particular, the use of a professional title, which is restricted by law, regulation or administrative provision to persons who have a specific professional qualification (Art. 3 para. 1 a, Directive 2005/36/EC of the European Parliament and of the Council of 07.09.2005 on the recognition of professional qualifications).

Please use the forms provided under www.rechtsdienstleistungsregister.de . The notification must be sent to the President of the Brandenburg Higher Regional Court, Gertrud-Piter-Platz 11, 14770 Brandenburg.

In addition to the notification, the following documents must be submitted (§ 15 para. 2 RDG):

(a) a certificate of legal establishment in a Member State for the pursuit of the profession for which temporary registration is requested;

(b) alternatively, if the profession is not regulated in the Member State, proof of at least two years of professional activity in the preceding ten years;

(c) information on the existence or non-existence and extent of professional indemnity insurance or other individual or collective protection in relation to professional indemnity;

(d) an indication of the professional title under which the activity is pursued in the State of establishment.

The notification must be submitted in writing. The original evidence to be attached must be submitted. If the above-mentioned documents are not available in German, a translation made by an authorized translator must be attached. There is no provision for submission of the notification in electronic form.

• The procedure is free of charge (§ 15 para. 3 sentence 2 RDG).

After notification and submission of all required documents, the examination and registration in the Legal Services Register takes place; or, in the absence of admission requirements, the examination of the prohibition of the activity.

Entry in the Legal Services Register is not constitutive. The commencement of the activity can take place as soon as the complete notification to the competent authority has been made. Registration is only for one year (§ 15 para. 2 p. 3 RDG). If a repeat report is submitted, the registration will be extended by one year. If a repeat notification is omitted, the announcement will be deleted from the Legal Services Register (Section 17 (1) No. 6 RDG).

• § 15 Legal Services Act (RDG)
• Act on Extrajudicial Services (RDG)
• Introductory Act to the Legal Services Act (RDGEG)
• Ordinance on the Legal Services Act (RDV)
• Ordinance on the regulation of responsibilities according to § 19 of the Legal Services Act (RDG)
• Directive 2005/36/EC of the European Parliament and of the Council of 07.09.2005 on the recognition of professional qualifications

Registration for temporary legal services in the field of pension advice (§ 15 RDG in conjunction with § 10 para. 1 no. 2 RDG) does not fall within the jurisdiction of the Brandenburg Higher Regional Court. In this respect, the competent authority is the President of the Berlin-Brandenburg Regional Social Court.

• Announcement platform for out-of-court legal services - Legal Services Register

No professional approval. If necessary, please contact the Ministry of Justice and for Europe and Consumer Protection.

Phone (0331 866-0)

Poststelle@mdjev.brandenburg.de