How do I register a company 1

Part 3 - Legal Services Act (RDG)

Article 1 G. v. 12.12.2007 Federal Law Gazette I p. 2840 (No. 63); last amended by Article 1 G. v. December 22nd, 2020 Federal Law Gazette I p. 3320
Valid from July 1st, 2008; FNA: 303-20 Notaries, Lawyers, Legal Advisers; Notarization
17 earlier versions | Printed matter / draft / justification | is quoted in 75 regulations

Part 3 Legal Services by Registered Persons

§ 10 Legal services based on special expertise

§ 11 Special expertise, job titles

§ 11a Disclosure and information requirements for debt collection services

§ 12 Registration Requirements

§ 13 Registration Procedure

§ 13a Supervisory Measures

§ 14 Revocation of Registration

§ 14a Appointment of a liquidator for pension advisors

§ 15 Temporary Legal Services

Section 15a Statistics

§ 15b Operation without registration


Part 3 Legal Services by Registered Persons

§ 10 Legal services based on special expertise


Section 10 has 3 earlier versions and is cited in 39 regulations


(1) 1Natural and legal persons as well as companies without legal personality who are registered with the competent authority (registered persons) are allowed to provide legal services in the following areas due to their special expertise:


1.
Collection services (Section 2, Paragraph 2, Clause 1),

2.
Pension advice in the field of statutory pension and accident insurance, social compensation law, other social security and severely disabled law with reference to a statutory pension as well as company and professional pension,

3.
Legal services in a foreign law; if the foreign law is the law of a member state of the European Union, another signatory state to the Agreement on the European Economic Area or Switzerland, advice may also be given in the field of European Union law and the law of the European Economic Area.

2The registration can be limited to a sub-area of ​​the areas named in sentence 1 if the sub-area can be separated from the other activities falling within the area and if there are no compelling reasons of general interest to oppose the registration for the sub-area.

(2) 1The registration takes place upon request. 2If the registration according to paragraph 1 sentence 2 takes place for a sub-area, this is to be specified in the application.


(3) 1If this is necessary for the protection of those seeking legal rights or legal transactions, registration can be made dependent on conditions or linked to conditions. 2In the area of ​​debt collection services, the requirement should be ordered to forward third-party funds immediately to a person authorized to receive them or to pay them into a separate account. 3 Conditions can be arranged or changed at any time. 4If the registration is limited to a sub-area, the scope of the professional activity must be clearly stated to the person seeking legal advice.



Text in the version of Article 6 of the Act for the Implementation of the Professional Recognition Directive and for the Amendment of Other Regulations in the Field of Legal Advisory Professions G. v. May 12, 2017 Federal Law Gazette I p. 1121 w.v. 18th May 2017


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§ 11 Special expertise, job titles


Section 11 has 1 earlier version and is quoted in 7 provisions


(1) Collection services require special expertise in the areas of law that are important for the requested collection activity, in particular civil law, commercial, securities and company law, civil procedure law including foreclosure and insolvency law as well as cost law.


(2) Pension advice requires special expertise in the law of statutory pension and accident insurance and in the other sub-areas of Section 10, Paragraph 1, Clause 1, No. 2, for which registration is requested, knowledge of the structure, structure and structural principles of social security as well Knowledge of the common legal principles that apply to all areas of social benefits, including administrative procedures under social law and social court proceedings.


(3) Legal services in a foreign law require special expertise in the foreign law or in the sub-areas of foreign law for which registration is requested.


(4) Job titles that contain the term "debt collection" as well as the job title "Rentenberaterin" or "Rentenberater" or names that are confusingly similar to these may only be used by appropriately registered persons.


(5) Persons who have a professional qualification within the meaning of Section 12 Paragraph 3 Clause 4 and are only registered for a sub-area in accordance with Section 10 Paragraph 1 Clause 2 must carry out their professional activity under the professional title of their country of origin translated into German.



Text in the version of Article 6 of the Act for the Implementation of the Professional Recognition Directive and for the Amendment of Other Regulations in the Field of Legal Advisory Professions G. v. May 12, 2017 Federal Law Gazette I p. 1121 w.v. 18th May 2017


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§ 11a Disclosure and information requirements for debt collection services


Section 11a has 1 earlier version and is cited in 5 provisions


(1) 1Registered persons who provide collection services must, if they assert a claim against a private person, provide the following information clearly and understandably with the first assertion:


1.
the name or company of your client,

2.
the reason for the claim, in the case of contracts, specifying the subject matter of the contract and the date of the conclusion of the contract,

3.
if interest is claimed, an interest calculation, stating the interest-bearing claim, the interest rate and the period for which the interest is calculated,

4.
if an interest rate above the statutory default interest rate is claimed, a separate reference to this and an indication of the circumstances on the basis of which the increased interest rate is required,

5.
if a collection fee or other collection costs are claimed, information on their type, amount and cause,

6.
if sales tax amounts are claimed with the collection remuneration, a declaration that the client cannot deduct these amounts as input tax.

2 On request, the private person must also be provided with the following information:

1.
a summons address of the client, if it is not shown that this would impair the client's interests worthy of protection,

2.
the name or company of the person in whose person the claim arose,

3.
in the case of contracts, the essential circumstances of the conclusion of the contract.

(2) A private person within the meaning of paragraph 1 is any natural person against whom a claim is asserted that is not related to their commercial or independent professional activity.



Text in the version of Article 1 of the Law against Dodgy Business Practices G. v. October 1, 2013 Federal Law Gazette I p. 3714 w.v. November 1, 2014


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§ 12 Registration Requirements


Section 12 has 6 earlier versions and is quoted in 21 regulations


(1) Requirements for registration are


1.
personal suitability and reliability; this is usually missing when

a)
the person is not only temporarily unable to properly perform the requested activity for health reasons,

b)
the person carries out an activity that is incompatible with the requested activity, in particular because there is a likelihood of a conflict of duties going beyond the individual case,

c)
the financial circumstances of the person are disordered,

d)
one of the reasons stated in Section 7 numbers 1, 2 or 6 of the Federal Lawyers' Act exists or

e)
the person in the last three years prior to the application

aa)
has been convicted of a crime or an offense relating to the exercise of the profession, or

bb)
excluded from the legal or patent attorney's office or from an occupation regulated in the Tax Advisory Act or in the Wirtschaftsprüferordnung, removed from the notarial office or the service in the administration of justice in disciplinary proceedings or dismissed in proceedings on judicial indictments or she has anticipated one of these measures by waiving one of these measures ,

2.
theoretical and practical expertise in the area or sub-areas of Section 10 (1) in which the legal services are to be provided,

3.
professional liability insurance with a minimum sum insured of 250,000 euros for each insured event.

(2) 1The financial circumstances of a person are generally disordered if insolvency proceedings have been opened against their assets or if they are entered in the directory to be kept by the enforcement court (Section 26 (2) of the Insolvency Code, Section 882b of the Code of Civil Procedure). 2Unordinate financial circumstances do not exist if, in the event of bankruptcy opening, the creditors' meeting has approved the continuation of the company on the basis of an insolvency plan and the court has confirmed the plan, or if the financial interests of the legal seeker are not specifically endangered for other reasons.


(3) 1The theoretical expertise must be proven to the competent authority by means of certificates. 2Practical expertise generally requires at least two years of professional experience or practical professional training under supervision. As a rule, in the case of Section 10 Paragraph 1 Clause 1 Number 1, at least twelve months, in the case of Section 10 Paragraph 1 Clause 1 Number 2, at least 18 months of professional practice or training in Germany. 4Is the person entitled to practice one of the professions or a comparable profession specified in Section 10 (1), sentence 1, number 1 or 2 in another member state of the European Union, another signatory to the Agreement on the European Economic Area or Switzerland, and the requirements are met of Section 1 (2) and (3) of the Act on the Activities of European Patent Attorneys in Germany, the expertise can also be proven by taking an at least six-month adaptation course, taking into account the existing professional qualification. 5The Professional Qualification Assessment Act does not apply.


(4) 1Legal persons and companies without legal personality must name at least one natural person who fulfills all of the requirements according to paragraph 1 nos. 1 and 2 (qualified person). The qualified person must be permanently employed in the company, independent of instructions and authorized to give instructions and authorized to represent the company in all matters relating to the company's legal services. 3Registered individuals can nominate qualified persons.


(5) The Federal Ministry of Justice and Consumer Protection is authorized to regulate the details of the prerequisites for registration according to Sections 11 and 12 by means of a statutory ordinance with the consent of the Bundesrat, in particular the requirements for expertise and its evidence, including recognition and certification private providers of specialist training courses, the recognition of foreign professional qualifications and the adaptation course and, in deviation from the provisions of the Insurance Contract Act for compulsory insurance, the content and structure of professional liability insurance.



Text in the version of Article 1 of the law to improve consumer protection in debt collection law and to amend other provisions G. v. December 22, 2020 Federal Law Gazette I p. 3320 w.v. January 1, 2021


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Section 13 Registration Procedure


Section 13 has 7 earlier versions and is cited in 19 provisions


(1) 1The application for registration is to be sent to the authority responsible for the location of the domestic main establishment. 2If a person does not have a place of business in Germany, he or she can submit the application to any authority responsible for the implementation of this Act in accordance with Section 19. The registration procedure can also be handled by a uniform body in accordance with the provisions of the Administrative Procedure Act. 4With the application, which must contain all the information to be entered in the legal services register in accordance with Section 16 (2) sentence 1 number 1 letters a to d, the following must be provided for the examination of the prerequisites in accordance with Section 12 (1) numbers 1 and 2 and paragraph 4:


1.
a summary of the professional training course and previous professional practice,

2.
a certificate of good conduct in accordance with Section 30 (5) of the Federal Central Register Act,

3.
In the case of an application for registration for the area of ​​collection services, information in accordance with Section 150 (5) of the Trade Regulations,

4.
a declaration as to whether insolvency proceedings are pending or whether an entry was made in the debtor register (Section 882b of the Code of Civil Procedure) in the last three years prior to filing the application,

5.
Documents proving theoretical and practical expertise.

5In the cases of Section 12 Paragraph 4, the documents specified in Clause 4 as well as documents proving the requirements specified in Section 12 Paragraph 4 Clause 2 must be submitted separately for each qualified person.

(2) 1The application must be decided on within a period of three months; Section 42a (2) sentences 2 to 4 of the Administrative Procedure Act applies accordingly. 2For decisions on the reason for refusal under Section 12 (1), number 1, letter a, Section 15 of the Federal Lawyers' Act applies accordingly. 3If the registration requirements according to § 12 Paragraph 1 Numbers 1 and 2 as well as Paragraph 4 are met, the competent authority requests the applicant to provide evidence of professional liability insurance and the fulfillment of conditions (§ 10 Paragraph 3 Sentence 1 ) to provide. 4As soon as this evidence is provided, it will register and have it published in the legal services register.


(3) 1Registered persons or their legal successors must immediately notify the competent authority in writing of any changes that affect the registration or the content of the legal services register. 2This initiates the necessary registrations and their public announcement in the legal services register. 3If a relocation of the main office affects the responsibility according to paragraph 1 sentence 1, the authority transfers the process to the authority that is responsible for the location of the new main office. 4This informs the registered person that the takeover has taken place, registers the change and initiates its public announcement in the legal services register.


(4) 1The Federal Ministry of Justice and Consumer Protection is authorized to regulate the details of the registration procedure and the notification procedure in accordance with Section 15 by means of a statutory ordinance with the consent of the Bundesrat. 2 In particular, retention and deletion periods are to be provided.



Text in the version of Article 1 of the law to improve consumer protection in debt collection law and to amend other provisions G. v. December 22, 2020 Federal Law Gazette I p. 3320 w.v. January 1, 2021


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§ 13a Supervisory Measures


§ 13a has 1 earlier version and is quoted in 4 provisions


(1) The competent authority oversees compliance with this Act.


(2) 1The competent authority shall take measures with regard to persons who provide legal services to ensure compliance with this Act. 2In particular, it can order or change conditions according to Section 10 Paragraph 3 Clause 3.


(3) The competent authority may temporarily prohibit a person who provides legal services from operating, in whole or in part, if well-founded facts justify the assumption that


1.
a prerequisite for registration according to § 12 no longer applies or

2.
there is a significant or permanent breach of obligations.

(4) 1Insofar as it is necessary to fulfill the tasks assigned to the competent authority as a supervisory authority, the person who provides legal services must allow the competent authority and the persons acting on its behalf to enter the business premises during normal operating hours, upon request to present relevant books, records, receipts, documents and other documents in a suitable manner for inspection, even if they are kept electronically, to provide information and to provide the necessary support. The party obliged to provide information can refuse to provide information if this would expose himself or one of the relatives referred to in Section 383 (1) numbers 1 to 3 of the Code of Civil Procedure to the risk of prosecution for a criminal offense or for proceedings under the Administrative Offenses Act. 3This right is to be pointed out to him.



Text in the version of Article 1 of the Law against Dodgy Business Practices G. v. October 1, 2013 Federal Law Gazette I p. 3714 w.v. October 9, 2013


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§ 14 Revocation of Registration


§ 14 has 1 earlier version and is quoted in 3 provisions


The competent authority revokes the registration without prejudice to Section 49 of the Administrative Procedure Act or corresponding state law provisions,

1.
if well-founded facts justify the assumption that the registered person or a qualified person no longer has the required personal aptitude or reliability; This is usually the case if one of the reasons mentioned in Section 12 (1) No. 1 occurs retrospectively or if the registered person persistently fails to notify changes in accordance with Section 13 (3) sentence 1,

2.
if the registered person no longer has professional liability insurance according to Section 12 (1) No. 3,

3.
if well-founded facts justify the acceptance of permanently unqualified legal services to the detriment of the legal seeker or legal transactions; this is usually the case if the registered person provides legal services beyond the registered authority to a considerable extent or persistently violates conditions or disclosure and information obligations according to § 11a,

4.
if a legal person or a company without legal personality that has not appointed a further qualified person does not appoint a qualified person within six months when the qualified person leaves.


Text in the version of Article 1 of the Law against Dodgy Business Practices G. v. October 1, 2013 Federal Law Gazette I p. 3714 w.v. November 1, 2014


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§ 14a Appointment of a liquidator for pension advisors


§ 14a has 1 earlier version and is quoted in 3 provisions


(1) 1If a person registered as a pension advisor (Section 10, Paragraph 1, Clause 1, Number 2) has died or if his / her registration has been withdrawn or revoked, the authority responsible for registration may appoint a liquidator for their practice. The processor must be a lawyer or have a registration for the same area as the registered person whose practice is to be processed.


(2) Section 53 (5) sentence 3, paragraphs 9 and 10 sentences 1 to 6 as well as Article 55 (1) sentences 4 and 5, paragraph 2 sentences 1 and 4, paragraph 3 sentence 2 and paragraph 4 apply to the ordering and implementation of the processing in accordance with the Federal Lawyers' Act, with the proviso that the board of directors of the Bar is replaced by the authority that appointed the liquidator.



Text in the version of Article 6 of the Act for the Implementation of the Professional Recognition Directive and for the Amendment of Other Regulations in the Field of Legal Advisory Professions G. v. May 12, 2017 Federal Law Gazette I p. 1121 w.v. 18th May 2017


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§ 15 Temporary Legal Services


Section 15 has 3 earlier versions and is cited in 14 provisions


(1) 1Natural and legal persons as well as companies without legal personality who are in another member state of the European Union, in another contracting state of the Agreement on the European Economic Area or in Switzerland for the exercise of a number 1 or 2 mentioned in Section 10 (1) sentence 1 or a comparable profession are legally established, may exercise this profession temporarily and occasionally in the Federal Republic of Germany with the same rights and obligations as a person registered in accordance with Section 10 (1) sentence 1 number 1 or 2 (temporary legal services). 2If neither the profession nor the training for this profession are regulated in the country of the establishment, this only applies if the person or company has practiced the profession in the countries named in sentence 1 during the previous ten years for at least one year. 3 Whether legal services are provided temporarily and occasionally is to be assessed in particular on the basis of their duration, frequency, regular recurrence and continuity.


(2) Temporary legal services are only permitted if the person or company submits a report in text form with the content according to sentence 2 to a competent authority according to § 19 before the first provision of services in Germany. The registration procedure can also be handled by a uniform body in accordance with Sections 71abis71e of the Administrative Procedure Act. In addition to the information to be made public in the legal services register in accordance with Section 16 (2) sentence 1 number 1 letters a to c, the report must contain:


1.
a certificate stating that the person or company in a member state of the European Union, in another signatory to the Agreement on the European Economic Area or in Switzerland is lawful to exercise one of the professions or one of the professions specified in Section 10 (1) sentence 1 number 1 or 2 a comparable profession and that she is not, even temporarily, prohibited from exercising this activity at the time of submission of the certificate,

2.
Proof that the person or company has lawfully exercised the profession in the countries named in number 1 during the previous ten years for at least one year, if the profession is not regulated there,

3.
if the profession is practiced in the territory of the Federal Republic of Germany, proof of the existence of professional liability insurance in accordance with paragraph 5 or information on why it is not possible or unreasonable to take out such insurance; Otherwise, a declaration that the profession is exclusively exercised from the country of residence,

4.
the specification of the professional title under which the activity in Germany is to be carried out.

4§ 13 para. 3 sentence 1 applies accordingly. 5The report must be repeated annually if the person or company wants to provide temporary legal services in Germany again after one year. 6In this case, the proof or the declaration according to sentence 3 number 3 must be attached again.

(3) 1As soon as the notification in accordance with paragraph 2 is complete, the competent authority shall undertake a temporary registration or its extension by one year and arrange for it to be publicly announced in the legal services register. The procedure is free of charge.


(4) Temporary legal services are to be provided under the job title in the language of the country of establishment for the activity. 2A confusion with the professional titles listed in Section 11, Paragraph 4 must be ruled out.


(5) 1Temporarily registered persons or companies who practice their profession in the territory of the Federal Republic of Germany are obliged to take out professional liability insurance to cover the liability risks for financial losses resulting from their professional activity in Germany, the nature and extent of which are due to their professional activity arising risks is appropriate. 2If it is not possible or unreasonable for the person or company to take out such insurance, they must inform their client of this fact and its consequences in writing prior to commissioning.


(6) 1The competent authority can prohibit a temporarily registered person or company from further providing legal services if, based on justified facts, it can be assumed that they will provide permanently unqualified legal services to the detriment of those seeking legal advice or legal transactions or if they violate professional duties to a considerable extent Has. 2The requirements according to sentence 1 are regularly met if the person or company


1.
is no longer legally established in the country of establishment or is prohibited from exercising the activity there,

2.
provides legal services beyond the registered authority to a considerable extent,

3.
persistently violates the disclosure and information obligations according to § 11a,

4.
does not have the German language skills required to work in Germany,

5.
persistently uses an incorrect job title contrary to paragraph 4 or

6.
persistently violates the requirements of paragraph 5 on professional liability insurance.

(7) 1Natural and legal persons as well as companies without legal personality that are legally established in a state named in paragraph 1 sentence 1 for the provision of legal services under a foreign law (Section 10 paragraph 1 sentence 1 number 3) may provide these legal services in the Federal Republic of Germany Exercise Germany temporarily and occasionally with the same powers as a person registered in accordance with Section 10 (1) sentence 1 number 3 (temporary legal services). 2 Paragraph 1 sentences 2 and 3 as well as paragraphs 2 to 6 apply accordingly.



Text in the version of Article 6 of the Act for the Implementation of the Professional Recognition Directive and for the Amendment of Other Regulations in the Field of Legal Advisory Professions G. v. May 12, 2017 Federal Law Gazette I p. 1121 w.v. 18th May 2017


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Section 15a Statistics


§ 15a has 2 earlier versions and is quoted in 2 provisions


1 Federal statistics are carried out on procedures in accordance with Section 12, Paragraph 3, Clause 4 and Section 15. 2§ 17 of the Professional Qualification Assessment Act is to be applied.



Text in the version of Article 6 of the Act for the Implementation of the Professional Recognition Directive and for the Amendment of Other Regulations in the Field of Legal Advisory Professions G. v. May 12, 2017 Federal Law Gazette I p. 1121 w.v. 18th May 2017


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§ 15b Operation without registration


§ 15b has 1 earlier version and is cited in 5 provisions


If legal services are provided without the required registration or temporary registration, the competent authority can prevent the continuation of operations.



Text in the version of Article 1 of the Law against Dodgy Business Practices G. v. October 1, 2013 Federal Law Gazette I p. 3714 w.v. October 9, 2013


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