Legal services on the basis of special expertise Registration of persons who provide legal services in a foreign law
Who is allowed to provide legal services in a foreign law in the Federal Republic of Germany on the basis of special expertise?
Natural and legal persons as well as companies without legal personality registered with the competent authority may provide legal services in a foreign law on the basis of special expertise. If foreign law is the law of a member state of the European Union or another state party to the Agreement on the European Economic Area, advice may also be given in the field of European Union law and the law of the European Economic Area.
Applicants are requested to use the forms provided under
Legal Services Register
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§ 14 RDG or admission to the bar pursuant to § 14 para. 2 no. 1 to 3 and 7 to 9 of the Federal Lawyers' Act (BRAO) has been revoked, admission to the legal profession pursuant to § 14 para. 1 BRAO has been withdrawn or has been refused in accordance with § 7 BRAO or an exclusion from the legal profession has taken place,
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 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 RDV. 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 insurer's benefits may be limited to four times the statutory minimum insurance sum 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 pecuniary damage 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).
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. The competent authority is the President of the State Social Court Berlin-Brandenburg.
§ 10 paragraph 2 Legal Services Act (RDG)
§ 13 paragraph 1 Legal Services Act (RDG)
- Ordinance on the Legal Services Act
Ordinance on the Regulation of Competences according to § 19
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
of the State of Brandenburg
14473 Potsdam, Potsdam, German.
Phone: +49 (0)331 866-1676
Fax: +49 (0)331 866-1753
Last update or date of publication