Legal services based on special expertise Registration of persons providing debt collection services

If you wish to provide collection services on a business basis, you must register this activity in the Legal Services Register. It can be registered who is personally suitable and reliable for the exercise of the activity as well as who also has special expertise and proves this accordingly. Important benchmarks for the required reliability are the previous life (in particular any criminal offences) and the economic conditions. Registration may be subject to conditions or subject to conditions. Requirements can be arranged or changed at any time. Legal services that are ancillary to another activity (e.B. collection of customer claims that have been assigned to a workshop on account of performance) are not subject to permission. Registration in the Legal Services Register is not required for these services.

Applicants are requested to use the forms provided under www.rechtsdienstleistungsregister.de. The application must be addressed to the President of the Brandenburg Higher Regional Court, Gertrud-Piter-Platz 11, 14770 Brandenburg. The following documents must be submitted (§ 13 Abs. 1, 2 RDG): (a) the application, including additional explanations; (b) a summary of the vocational training course and the previous exercise of the profession; c) a certificate of good conduct in accordance with § 30 (5) of the Federal Central Register Act, (d) documents proving theoretical and practical expertise; e) Proof of existing professional indemnity insurance. In addition to the application, licence holders under the Legal Advice Act only have to submit the certificate of authorisation and proof of an existing professional liability insurance (§ 1 RDGEG). The application must be submitted in writing in accordance with § 6 (1) RDV. The documents to be submitted must be submitted as originals.


Preconditions
I. Requirements for registration (§ 12 Abs. 1 RDG): 1. Personal suitability and reliability; reliability is usually lacking, (a) where the person has been finally convicted of a crime or offence relating to the exercise of a profession in the three years preceding the application; (b) where the financial circumstances of the person are disorderly; c) if, in the last three years prior to the application, a registration pursuant to § 14 RDG or admission to the bar pursuant to § 14 (2) no. 1 to (3) and (7) to (9) of the Federal Lawyers' Code has been revoked, admission to the bar in accordance with § 14 (1) of the Federal Lawyers' Code has been withdrawn or has been refused in accordance with § 7 of the Federal Lawyers' Code or an exclusion from the legal profession has been made. , 2. theoretical and practical expertise in the area or sub-areas of § 10 sec. 1 RDG in which the legal services are to be provided (further details with regard to the proof of competence can be found in the Ordinance on the Legal Services Act RDV), 3. professional indemnity insurance with a minimum sum insured of € 250,000.00 for each insured event. The financial loss liability insurance must meet the conditions of § 5 of the Ordinance on the Legal Services Act of 19 June 2008 (Federal Law Gazette I p. 1069). Accordingly, the insurer must, inter alia, be contractually obliged to inform the registration authority of any impairment of the insurance cover (Paragraph 5(6) of the RDV). Furthermore, the benefits of the insurer may be limited to four times the statutory minimum sum insured of € 250,000.00 for all damages caused within one year (§ 5 para. 4 RDV). II. Requirements for the registration of licence holders under the Legal Advice Act (§ 1 para. 1 RDGEG): 1. Certificate of permission in accordy with the Legal Advice Act 2. Professional indemnity insurance with a minimum sum insured of € 250,000.00 for each insured event. The financial loss liability insurance must meet the conditions of § 5 of the Ordinance on the Legal Services Act of 19 June 2008 (Federal Law Gazette I p. 1069). Accordingly, the insurer must, inter alia, be contractually obliged to inform the registration authority of any impairment of the insurance cover (Paragraph 5(6) of the RDV). Furthermore, the benefits of the insurer may be limited to four times the statutory minimum sum insured of € 250,000.00 for all damages caused within one year (§ 5 para. 4 RDV).

Hints
The granting of authorisation in the area of pension advice referred to in Paragraph 10(1)(2) of the RDG does not fall within the competence of the Brandenburg Higher Regional Court. In this respect, the competent authority is the President of the Landessozialgericht Berlin-Brandenburg.
§ 10 paragraph 2 Legal Services Act (RDG) § 13 paragraph 1 Legal Services Act (RDG) Act on Extrajudicial Services (RDG) Introductory Act to the Legal Services Act (RDGEG) Ordinance on the Legal Services Act (RDV) Ordinance on the Regulation of Competences according to § 19 RDG of 05.06.2008

www.rechtsdienstleistungsregister.de

After application and submission of all required documents, the examination and registration in the legal services register takes place; or, in the absence of admission requirements, the rejection of the application.

Responsible for the content
Ministry of Economy, Labour and Energy

Last update or date of publication
08.01.2020