Legal association Admission
Like GbR, the Partnership or the Attorney-At-Law Association, the Rechtsanwalts-GmbH is one of several permissible forms of corporate law as legal activity. The Attorney-at-Law GmbH has no special or additional advisory powers in comparison to the individual lawyer or the law firm; it is intended only to enable the professional profession to take the form of a corporation. Approval is granted by the Bar Association, in whose district you wish to obtain the licence.
Copy or certified copy of the social contract certified copy of the current list of shareholders in accordance with Section 8 (1) No. 3 GmbHG Photographs of employment contracts of the Managing Directors of the authorized the agent for the entire business operation Photograph of the founding document Proof of the conclusion of liability insurance or provisional coverage commitment Proof of payment of the fee Photograph of the shareholder's decision on the appointment of the directors, if necessary also of authorized representatives (only if the appointment does not result from the partnership agreement or the instrument of incorporation)
Section 59d BRAO pursuant to Section 59m paragraph 2 i.V. .m. Section 36 BRAO i.V.m. The following special requirements arise for the law firm: The object of the company is the advice and representation in legal matters Shareholders and directors may only be lawyers, patent attorneys, tax advisors, tax agents, auditors or sworn accountants majority of shares and voting rights are vested in lawyers responsible leadership by lawyers shareholders must actively pursue their profession No participation in debt capital the company must include the name of at least one legal partner and the name "lawyer's company" the company must comply with the legal requirements sufficient professional insinuation insurance or provisional cover must be established the company must not be in the forfeiture of assets
If proceedings are brought against a partner or authorised representative of the company with the aim of withdrawing or revoking his authorisation or appointment, or if a provisional prohibition of professional or representation has been issued against him, the decision on the admission of the law firm may be temporarily suspended. The foundation of the GmbH, i.e. the founding act, the certificate and the register entry are not initiated or even carried out by the Bar Association, but only provided. The admission of a Limited Liability Company as a Lawyer's GmbH presupposes an already concluded company law founding act, which is essentially governed by the provisions of the GmbH Act. After approval, the GmbH may be appointed as a litigant or legal representative in accordance with Section 59 l of BRAO. The participation of law firms in associations for the joint practice of the profession is not permitted. The Bar Association shall immediately notify any change in the partnership agreement, the shareholders or in the person of those entitled to represent them pursuant to Section 59f of the BRAO, as well as the establishment or dissolution of branches of the Bar Association, with the addition of a publicly certified copy of the respective document.
Section 59c et seq. of the Federal Lawyers' Code (BRAO)
www.brak.de BGH decision of 10.01.2005 (NJW 2005, 1568) to admit a public limited company as a law firm BGH decision of 14.11.2005 (NJW 2006, 1132) on requirements for the company form
Submit the application to the competent board; the application must be signed by hand or provided with a qualified electronic signature Examination of the submitted documents and, if necessary, subsequent claim of missing documents after establishing the existence of all conditions: issuing the certificate for admission of the bar association