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Source: BUS Sachsen-Anhalt (Linie6Plus)

Applying for registration of persons offering legal services in foreign law

Description

Every legal service is a responsible activity for which you must fulfill various requirements. This serves to protect those seeking legal services from unqualified legal services.

If you wish to offer legal services on foreign law on a commercial basis, you must prove your personal suitability and specialist knowledge and register in the legal services register. You apply for registration for advice on foreign law from one or more countries.

You may also offer advice on the law of the European Union (EU) or the European Economic Area (EEA), provided that you are registered for:

  • Law of a member state of the European Union (EU)
  • Law of a state of the European Economic Area (EEA)
  • the law of Switzerland

You can apply for registration as:

  • natural person
  • legal entity
  • a partnership with legal capacity

Legal entities include, for example

  • Limited liability company (GmbH)
  • associations
  • foundations

Partnerships with legal capacity include, for example

  • Civil law partnership (GbR)
  • General partnership (oHG)

As a legal entity or partnership with legal capacity, you must appoint a natural person to represent you externally and who meets the professional requirements.

Registration only allows you to work outside of court.

When registering, you may be subject to conditions that can be imposed or changed at any time. If you are established in another EU or EEA country to practice a comparable profession, you can apply for temporary registration.

You can also register via the Single Point of Contact (SPC) in your federal state.

Once you have been registered, the competent registration authority will arrange for your registration to be publicly announced in the Legal Services Register.

  • You have the personal suitability and reliability. This means that
    • You have an orderly financial situation.
    • You have no significant criminal record.
  • You have theoretical and practical specialist knowledge.
  • You can prove your specialist knowledge through
    • Professional training
    • Professional practice
  • You have professional liability insurance with a minimum sum insured of EUR 250,000 for each insured event.
  • Legal entities and partnerships with legal capacity must nominate at least one natural person who meets all the necessary requirements.
  • Description of your professional training with supporting documents
  • Description of your previous professional experience with supporting documents
  • Certificate of good conduct, which will be sent directly to the competent registration authority
  • Declaration that no insolvency proceedings are pending against you as the applicant
  • Declaration that you as the applicant have not been entered in the debtor register in the 3 years prior to submitting the application

Administration Fee: 150,00 EUR
Payment in advance: no
A fee of 150 euros is charged for registration. Registration can be made dependent on the prior payment of the fee.

Objection Deadline: 1 Month

  • Objection or immediately Action before the administrative court
  • In case of rejection Appeal decision: Action before the administrative court

The following information is available:

If you provide legal services under foreign law without being registered, you are committing an administrative offense. The offense can be punished with a fine of up to EUR 50,000.

Federal Ministry of Justice (BMJ)

No authority found