Source: BUS Sachsen-Anhalt (Linie6PLus)

Apply for admission as a law firm

Description

If your business object is advice and representation in legal matters and the legal form of your company is a limited liability company (GmbH) or a UG limited liability company, you must be admitted as a law firm. If you are organized as a stock corporation, you can admit yourself as a law firm, provided that you meet the requirements that the case law has developed on the basis of § 59c ff BRAO.

After successful admission as a law firm, you will receive a certificate of admission and a confirmation of admission.

Prerequisites

The object of the company is advice and representation in legal matters.
The shareholders are:
- Lawyers,
- Patent attorneys,
- Tax advisors,
- tax representatives,
- Auditors or
- sworn accountants.
These partners must be professionally active in the law firm.
In principle, the majority of the shares and voting rights must be held by lawyers.
Shares of the law firm may not be held for third parties.
Third parties may not participate in the profits of the law firm.
In principle, the majority of the managing persons must be lawyers.
The independence of lawyers who act as managing directors, persons with power of attorney or authorised representatives must be guaranteed. Influence by the shareholders is not permitted.
The company must not be in financial decline.
There is sufficient professional indemnity insurance from the law firm.
Registration of the company in the commercial register.

Required documents

The documents required in your case result from the application form, in particular the following may be:

Certificate of incorporation (copy)
Proof of professional indemnity insurance or a provisional guarantee of cover (copy)
List of shareholders according to § 8 paragraph 1 number 3 of the Act on Limited Liability Companies (GmbHG) (certified copy)
Shareholder resolution on the appointment of the managing persons, if necessary also of persons with power of attorney and authorized representatives (copy)
Employment contracts of the managing persons, the persons with power of attorney and the authorised representatives (copy)
Certificate from the respective professional chamber of the existence of the membership of the shareholders (copy)
Proof of payment of the administration fee

Fees (costs)

For the admission of the law firm, fees are charged according to the respective fee schedule of the competent bar association.

Deadlines

Admission must take place before the commencement of the business activities of the law firm.

Processing time

Your application will be reviewed within 3 months.

Legal remedy

An application for a court decision can be filed against a negative decision within a month of service (§ 112a paragraph 1, § 112c paragraph 1 sentence 1 Bundesrechtsanwaltsordnung (BRAO), § 74 paragraph 1 sentence 1 Verwaltungsgerichtsordnung (VwGO)).

Responsible body

Please contact the relevant bar association.

Procedure

You can obtain the application form from the competent bar association. Submit the completed and signed application with all the necessary documents to the Bar Association.

The Bar Association examines the admission requirements.
If the admission requirements are met, the law firm is admitted and receives a certificate of admission.
Upon admission, the law firm becomes a member of the Bar Association.

Further information

The participation of law firms in mergers for the joint exercise of the profession is inadmissible.

The rechtsanwaltsgesellschaft must immediately notify the competent bar association of any amendment to the articles of association, the shareholders or the person entitled to represent under § 59f of the Federal Lawyers' Code (BRAO) as well as the establishment or dissolution of branches of the competent bar association, enclosing a publicly certified copy of the respective document.