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Source: BUS Sachsen-Anhalt (Linie6Plus)

Applying for registration in the legal services register with professional qualifications from EU and EEA states and Switzerland

Description

If you wish to provide legal services in the areas of debt collection, pension advice or legal advice on foreign law, you must be entered in the legal services register.
The aim is to protect those seeking legal advice from unqualified legal services.
You must apply for entry in the register if you wish to offer legal advice in one of these areas:

  • debt collection services
  • Pension advice in the field of
    • statutory pension and accident insurance
    • social compensation law
    • other social insurance and disability law relating to a statutory pension
    • company and occupational pension schemes
  • Legal services in a foreign law

A legal service is any activity in specific foreign matters as soon as it requires a legal examination of the individual case.
In order to register, you must provide evidence of special theoretical and practical expertise.
If you have obtained your professional qualification in an EU or EEA country or Switzerland, you can prove your practical expertise by completing an adaptation period of at least 6 months.
After successful registration in the legal services register, you may use the term "debt collection" and the term "pension consultant" or similar terms in your professional title.
If you have permanently provided unqualified legal services to the detriment of those seeking legal advice, you may be prohibited from providing further legal services for a maximum of 5 years.

You must be authorized to provide legal services in the areas of debt collection, pension advice or legal advice on foreign law in an EU or EEA member state or Switzerland.
You must provide evidence of special theoretical and practical expertise.

  • You can prove your theoretical expertise in particular by providing confirmation from the competent authority in the country of origin that you are authorized to practice the profession there. Depending on whether the profession is regulated in the country of origin or not, further proof may be required, in particular regarding the duration of professional practice.
  • You can provide proof of practical expertise by submitting a certificate confirming that you have completed an adaptation period of at least 6 months.

You must prove your personal suitability and reliability.

  • Application form
  • Summary of the professional training and previous professional practice of the person to be registered
  • Documents proving the theoretical and practical expertise of the person to be registered
  • Employment references, if applicable
  • Proof of professional indemnity insurance for the person to be registered
  • Certificate of good conduct
  • Declaration as to whether insolvency proceedings are pending or whether an entry has been made in the debtor register in the three years prior to application
  • If the application is for debt collection services, the following are also required
    • Information in accordance with Section 150 (5) of the Trade Regulation Act
    • description of the content of the intended activities

Fee: 150,00 EUR
Payment in advance: no
Registration (including registration of a qualified person in the case of legal entities or companies without legal personality)

Fee: 75,00 EUR
Payment in advance: no
Revocation or withdrawal of registration

There is no deadline.

Processing Time: 3 Months
Applications for registration must generally be processed within 3 months (Section 13 (3) sentence 1 RDG)

  • Objection
  • Action before the administrative court

Forms available: yes

Written form required: yes

Informal application possible: no

Personal appearance necessary: no

Online services available: no

You can apply for entry in the legal services register in writing or electronically to the competent registration authority using the forms provided.

  • Call up the necessary application forms online in the registration portal.
  • Complete the forms in full. Pay particular attention to
    • indicate the area or sub-area for which you wish to register,
    • when registering for legal services in a foreign law: indicate the foreign law to which the registration is to relate.
  • You submit the application forms together with the other documents to the competent registration authority.
  • Once the application has been reviewed, you will receive written notification as to whether registration has been granted.

Your application and the necessary declarations require your handwritten signature.

If you wish to submit your application electronically, under German law your application form must have a qualified electronic signature in order to be considered signed. This is the only way to ensure that the identity of the sender can be verified. You will need an appropriate program for a qualified electronic signature. You can purchase electronic signatures from

  • Trust service providers (according to the Federal Network Agency directory) or
  • Bundesdruckerei (for citizens with a new ID card/nPA or electronic residence permit)

Federal Ministry of Justice (BMJ)

The text was automatically translated based on the German content.

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