Provision of legal services for consideration (collection services, pension advice and legal services in a foreign law) Unfortunately this specification of service has not yet been completely translated.
If you wish to provide out-of-court legal services (Section 2 of the Law - RDG) in the following areas for consideration, you must first register with the competent authority in the national legal services register (Section 10 paragraph 1 RDG): Debt collection services, Pension advice in the field of statutory pension and accident insurance, social compensation law, of the other social security and severely disabled persons with reference to a statutory pension as well as occupational and occupational pensions, legal services in a foreign law; where foreign law is the law of a Member State of the European Union or of another Contracting State to the Agreement on the European Economic Area, it may also be discussed in the field of European Union law and the law of the European Economic Area. Without registration in the legal services register, legal services in connection with another activity are permitted if they belong as an ancillary benefit to the occupational or occupational picture (Section 5 RDG). Permitted ancillary services are legal services provided in connection with one of the following activities: Execution of wills, House and housing management, Funding advice. The transnational legal services register and further information can be found in the notice platform for out-of-court legal services. The legal service register is freely accessible, the search is free of charge (Section 16 RDG). They may find out about the providers of industrial services there, including, where appropriate, whether a service provider has been denied such an activity in the past 5 years. Temporary registration in accordance with Section 15 RDG (for legal service providers from other EU/EEC countries) If you are legally established in the territory of the European Union (EU) or the European Economic Area (EEA) for the pursuit of a profession comparable to one of the legal services subject to registration, you may also provide this service in Germany on an occasional and temporary occasion. Before providing a legal service in Germany for the first time, you must report this to one of the registration authorities responsible in Germany in text form, for example by means of a simple letter or by e-mail. The address of the authority responsible for Hesse can be found below under "Who do I have to contact?", the addresses of all registration authorities can also be found here in the notice platform for out-of-court legal services/list of competent registration authorities. NOTE: You must repeat the notification annually if you wish to provide the legal service again temporarily after one year.
Application In particular, with the request, please submit: a summary of your training and the previous exercise of your profession a management certificate (document type 0) a declaration that no insolvency proceedings are pending against you and that you were not entered in the debtor list in the last 3 years prior to the application a statement of whether you have been refused admission as a lawyer, withdrawn or revoked in the last 3 years (copy of the communication if applicable) Documents proving theoretical and practical expertise: Certificates, in particular about a successfully completed subject-matter course Work certificates as proof of practical expertise. If personal aptitude and reliability as well as theoretical and practical expertise are available, the registration authority will also ask for proof of professional liability insurance. NOTE: Certificates and evidence not issued in German may be required to provide a translation. The details of the registration procedure are regulated in Section 13 of the RDG and Section 6 of the Law on Legal Services
A separate platform has been developed for online application. On the so-called service platform you can submit your applications electronically and much more! You are welcome to get your own picture of the application in advance without registering in advance. Use the simulation to do this. In order to make full use of the online application process, you must first register with the online application procedure. Online application procedure of the Single Point of Contact Hessen
Requirements for registration (Section 12 RDG): Anyone who is personally suitable and reliable for the performance of the activity can be registered, as well as having a special expertise and proving it accordingly. Important benchmarks for the required reliability are the previous life (in particular possible criminal offences) and the economic conditions. Registration is usually denied if: the person making the application has been convicted of a crime or a misdemeanor relating to the pursuit of the profession in the last 3 years, their financial situation is disorderly, in the last 3 years, for specific reasons, revoke a registration under the Law on Legal Services or revoke, withdraw or deny admission to the bar or have been expelled from the bar. Furthermore, you need special expertise (theoretically and practically) in the area in which you want to provide the legal service. The requirements for the respective area can be found in section 11 RDG. Natural and legal persons as well as companies without legal personality may be registered. The application may be limited to one or more of the above-mentioned sub-areas. Registration may be subject to conditions or subject to conditions if necessary to protect those seeking justice or legal traffic. You must prove your theoretical and practical expertise with the appropriate proof: Practical expertise usually requires at least 2 years of professional practice or practical vocational training under guidance. If you have a professional qualification required in another Member State of the European Union (EU) or another Contracting State to the Agreement on the European Economic Area (EEA) in order to have this or a comparable profession in its territory, or if you have practised such a profession for 2 years in a Member State which does not regulate that profession during the previous 10 years, the subject matter shall be subject to that professional qualification or practice by: at least 6 months of adjustment course. Other prerequisites: Proof of professional insinuation insurance with a minimum insurance sum of EUR 250,000.00 for each insured event (Section 5 Ordinance on the Legal Services Act - RDV). Legal persons and non-legal entities must designate at least one natural person who fulfils all the necessary conditions (qualified person). The qualified person must be permanently employed in the company, be entitled to represent himself to the outside world in all matters relating to the legal services of the company, regardless of instructions and authority to issue instructions. Registered individuals can nominate qualified persons.
Obligation to notify in the event of changes Please keep in mind that any changes that affect the registration or content of the legal services register must be notified in writing to the competent authority without delay (Section 13 paragraph 3 RDG). Use the forms of the Publicity Platform for Out-of-court Legal Services Enter the changes to be made. Submit the form (with further documentation if necessary) to the appropriate body.
- _ Rechtsdienstleitungsgesetz (Gesetz über außergerichtliche Rechtsdienstleistungen)
- _ Verordnung zum Rechtsdienstleistungsgesetz (RDV) _ Einzelheiten zu den Registrierungsvoraussetzungen und dem Registrierungsverfahren
- _ Anlage zu § 4 Absatz 1 des Gesetzes über Kosten in Angelegenheiten der Justizverwaltung (JVKostG)
- _ § 25 Justizzuständigkeitsverordnung (- JuZuV -)