Law firm Admission

The Rechtsanwalts-GmbH, as well as the GbR, the partnership or the Anwalts-AG, is one of several permissible corporate organizational forms of legal activity. The Rechtsanwalts-GmbH has no special or additional advisory powers compared to the individual lawyer or the law firm lawyer; it is only intended to enable the exercise of a profession in the form of a corporation. Admission is granted by the bar association in whose district you would like to be admitted.

Copy or certified copy of the articles of association certified copy of the current list of shareholders according to § 8 (1) no. 3 GmbHG Photographs of employment contracts of the managing directors of the authorized signatories of the authorised representatives for the entire business operation Photographing of the deed of incorporation Proof of the conclusion of the liability insurance or provisional guarantee of cover Proof of payment of the fee Photographing of the shareholder resolution on the appointment of the managing directors, possibly also of authorized signatories (only if the appointment does not result from the articles of association or certificate of incorporation)


Preconditions
§ 59d BRAO according to § 59m paragraph 2 in the .m § 36 BRAO i.V.m. § 26 VwVfG The following special requirements arise for the law firm: The object of the company is advice and representation in legal matters Shareholders and managing directors may only be lawyers, patent attorneys, tax consultants, tax representatives, auditors or sworn accountants Lawyers are entitled to a majority of the shares and voting rights responsible management by lawyers the partners must actively exercise their profession no participation of debt capital the company must contain the name of at least one legal partner and the designation "rechtsanwaltsgesellschaft" the company must comply with the legal requirements sufficient professional indemnity insurance or provisional cover must be proven the company must not be in the forfeiture of assets

Hints
If proceedings are conducted against a partner or authorised representative of the company with the aim of withdrawing or revoking his admission or appointment, or if a provisional prohibition of profession 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 notarization as well as the register entry are not initiated or even carried out by the Bar Association, but only provided. The admission of a GmbH as a Rechtsanwalts-GmbH requires an already completed company law founding act, which is essentially based on the provisions of the GmbH Act. After admission, the GmbH can be commissioned as a legal or procedural representative in accordance with § 59 l BRAO. The participation of law firms in mergers for the joint exercise of the profession is inadmissible. The law firm must immediately notify the Bar Association of any change in the articles of association, the partners or in the person of the persons authorised to represent under § 59f BRAO as well as the establishment or dissolution of branches of the Bar Association, enclosing a publicly certified copy of the respective document.
§§ 59c ff. Federal Lawyers' Act (BRAO)

www.brak.de BGH decision of 10.01.2005 (NJW 2005, 1568) on the admission of a stock corporation as a law firm BGH decision of 14.11.2005 (NJW 2006, 1132) on requirements for the company form

filing the request with the competent chamber; the application must be signed by hand or provided with a qualified electronic signature Examination of the submitted documents and, if necessary, additional claims for missing documents after all conditions have been established: issuing the certificate for the admission of the law firm

Responsible for the content
Ministry of Economy, Labour and Energy
of the State of Brandenburg
Heinrich-Mann-Allee 107
14473 Potsdam, Potsdam, German.
Phone: +49 (0)331 866-1676
Fax: +49 (0)331 866-1753

Last update or date of publication
16.01.2020