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Legal services due to special expertise Registration
Under what circumstances may persons or companies of other EU Member States or contracting states of the Agreement on the European Economic Area provide temporary legal services in the Federal Republic of Germany?
Your responsible authority
Persons or companies of other EU Member States or contracting states of the Agreement on the European Economic Area may, after a declaration has been made, provide so-called temporary legal services on the territory of the Federal Republic of Germany if they are entitled to pursue a profession referred to or comparable in paragraph 10 (1) rdG in the State of their establishment.
Requirements for registration (Section 15 RDG):
- Notification to the competent licensing authority (Brandenburg Higher Regional Court) Section 15 (2) RDG;
- a 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;
- A person or company must be lawfully established abroad for the exercise of one of the professions referred to in Paragraph 10(1) of the RDG or of a comparable profession;
- foreign authorities must not have been subject to a prohibition of activity during the period of notification;
- the exercise in the Federal Republic of Germany is occasional or temporary;
- the exercise of the activity in the State of establishment must have been carried out for at least 2 years within the preceding 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 the admission or exercise or one of the types of exercise is directly or indirectly linked by legal or administrative provisions to the possession of certain professional qualifications. One form of exercise is, in particular, the use of a professional title which is limited by law or administrative provisions to persons who have a particular professional qualification (Article 3(1) a Directive 2005/36/EC of the European Parliament and of the Council of 07 September 2005 on the recognition of professional qualifications).
- Please use the forms provided under www.rechtsdienstleistungsregister.de. The notification is to be addressed 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 (Section 15 (2) RDG):
(a) a certificate of lawful establishment in a Member State for the exercise of the profession for which temporary registration is sought;
(b) alternatively, where the profession is not regulated in the Member State, proof of at least two years' professional activity in the preceding 10 years;
(c) information on the existence or non-existence and scope of professional inseriary insurance or other individual or collective protection in relation to professional liability;
(d) indication of the professional title under which the activity is carried out in the State of establishment.
The notification must be submitted in writing. The evidence to be attached must be submitted in the original. If the above documents are not available in German, a translation made by an authorized translator must be attached. There is no provision for the notification to be submitted in electronic form.
The procedure is free of charge (Section 15 (3) p. 2 RDG).
After notification and presentation of all required documents, the examination and registration takes place in the Legal Services Register; or, in the absence of admission requirements, the examination of the prohibition of the activity.
The processing time depends on the completeness of the documents provided.
Registration in the Legal Services Register is not constitutive. The start of the activity can already take place with the full notification to the competent authority. Registration takes place only for one year (Section 15 sec. 2 p. 3 RDG). If a re-registration is made, the registration will be extended for one year. If a recurrence is not received, the notice in the Legal Services Register is deleted (Section 17 (1) No. 6 RDG).
14770 Brandenburg an der Havel
Phone: 03381 39 - 90
Fax: 03381 39 - 9350
Fax: 03381 39 - 9360
- Section 10 paragraph 2 of the Legal Services Act (RDG)
- Section 13 paragraph 1 of the Legal Services Act (RDG)
- Ordinance on the Law on Legal Services
- Ordinance regulating responsibilities under Section 19 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 (Section 15 RDG in conjunction with Section 10 (1) No. 2 RDG) does not fall within the competence of the Brandenburg Higher Regional Court. In this respect, the competent authority is the President of the Regional Social Court of Berlin-Brandenburg.
Ministry of Economy, Labour and Energy
of the State of Brandenburg
Phone: +49 (0)331 866-1676
Fax: +49 (0)331 866-1753