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Source: BUS Sachsen-Anhalt (Linie6PLus)

Apply for public appointment and swearing in as an expert

Description

If you apply for the public appointment and swearing in as an expert at the competent authority, you must prove that you have the necessary qualifications. The prerequisites are above-average expertise in the relevant field and the personal suitability to perform expert activities in an independent, conscientious manner that is comprehensible to the client.

The authority can limit the content of your appointment (e.g. to a specialized field), set a time limit or impose conditions (e.g. the requirement to regularly attend further training).

The public appointment and swearing-in of experts confirms in business transactions the existence of a special professional qualification and personal suitability as an expert for a defined subject area. As a publicly appointed and sworn expert, you will be preferred for

  • you are preferred for the preparation of judicial appraisals and must comply with corresponding appraisal orders,
  • you have to accept private appraisal orders within the scope of your capacities,
  • some fields of activity are open to you which are closed to other experts (so-called "reserved tasks", e.g. safety inspections of plants requiring a permit according to the Federal Immission Control Act).

Your application for public appointment and swearing in as an expert is subject to the following requirements:

  • There must be a general need for expert services in the subject area you have named. In this context, it is irrelevant how many experts already exist for the subject area in question. The only thing that matters is whether the subject area is of general importance. If it is a subject area for which experts have already been appointed in the past, the general need was already affirmed at that time and is therefore to be assumed.
  • You must provide evidence of your special expertise for the subject area you have appointed, i.e. you must have above-average knowledge, experience and skills in the relevant subject area. In addition to evidence in the form of documents to be provided by you (certificates, expert reports prepared by yourself, references, etc.), you may also be required to take part in an examination before an independent panel of experts.
  • Finally, you must have the required personal suitability. Your personal suitability can be assumed if you can guarantee that you will provide your expert services impartially, independently, objectively and in a manner that is comprehensible to the client. There must also be no doubts about your personal reliability and integrity. This presupposes that you have behaved in a legally compliant manner up to now and that you live in orderly economic circumstances.
  • Application (informal or using a provided form)
  • Description of the services offered by you and the (definable) subject area
  • Curriculum vitae, if applicable, and in any case a description of your professional career
  • Evidence of your special qualifications in the specified subject area (certificates, diplomas, seminar certificates, employment certificates, other documents, etc.)
  • If applicable, list of references, i.e. persons (with address) who can provide information on your special knowledge
  • Several (usually three to five) expert reports prepared by yourself. You should deal with problems from the targeted subject area and name solutions. The expert opinions must be comprehensible and include required documents such as drawings, sketches, plans and photos.
  • proof of further training, if applicable
  • Declaration that fees and costs will be paid
  • if applicable, in the case of employees or civil servants: declaration of exemption from duties
  • Application for a certificate of good conduct for submission to an authority in accordance with Section 30 (5) of the Federal Central Register Act (Bundeszentralregistergesetz)
  • If applicable, application for a certificate of good conduct for submission to an authority in accordance with Section 150 (5) of the German Trade, Commerce and Industry Regulation Act (Gewerbeordnung)
  • If applicable, current original certificate in tax matters (formerly tax clearance certificate) from the relevant tax office

The costs are based on the administrative fee regulations of the state or on the fee statutes of the bodies responsible under state law.

Only after you have been publicly appointed and sworn in may you call yourself a publicly appointed and sworn expert in legal and business dealings.

The responsible office will process your application as soon as possible. If an examination date is held, processing can only take place after it has been completed.

Contact the Chamber of Industry and Commerce (IHK).

  • Written form required: no
  • Online procedure possible: yes
  • Personal appearance required: When conducting an examination before a panel of experts: Yes

Submit an application for public appointment and swearing in as an expert together with the required documents/evidence.

The competent body will generally decide on your application on the basis of the evidence you submit. Depending on the jurisdiction, an examination date may also be scheduled before an independent expert panel, in the course of which your expertise will be queried and assessed.

The competent body will decide on your application and notify you of its decision.

Coordination with the Federal-Länder Trade Law Committee, agreement on 01.10.2020.

Submitted by the Ministry of Economic Affairs, Innovation, Digitalization and Energy NRW

The text was automatically translated based on the German content.

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