Zulassung als Rechtsanwaltsgesellschaft
Inhalt
Begriffe im Kontext
- Anerkennung von Qualifikationen zum Zwecke der Beschäftigung in einem anderen Mitgliedstaat
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Do you want to run your law firm in the form of a limited liability company (GmbH) or a stock corporation (AG)? In this case, recognition as a law company requires admission.
Do you want to run your law firm in the form of a limited liability company (GmbH) or a public limited company (AG)? In this case, recognition as a law firm requires a license.
If your business purpose is to provide advice and representation in legal matters and the legal form of your business is a limited liability company (GmbH) or a UG haftungsbeschränkt, you must be admitted as a Rechtsanwaltsgesellschaft. If you are organized as a stock corporation, you may be admitted as a Rechtsanwaltsgesellschaft, provided that you meet the requirements developed by case law based on § 59c ff BRAO.
After successful admission as a law society, you will receive a certificate of admission and a confirmation of admission.
If the purpose of your company is to advise and represent clients in legal matters and the legal form of your company is a limited liability company (GmbH) or a UG haftungsbeschränkt, you must be licensed as a Rechtsanwaltsgesellschaft. If you are organized as a stock corporation, you can be admitted as a law firm, provided you meet the requirements developed by case law in accordance with § 59c ff BRAO.
After successful admission as a law firm, you will receive a certificate of admission and a confirmation of admission.
The documents required in your case can be found in the application form, in particular they can be the following:
- Certificate of incorporation (copy)
- Proof of professional liability insurance or a provisional confirmation of coverage (copy)
- List of shareholders pursuant to Section 8 (1) No. 3 of the German Limited Liability Companies Act (GmbHG) (certified copy)
- Shareholders' resolution on the appointment of the managing persons, if applicable also of persons with procuration and authorized agents (copy)
- Employment contracts of the managing persons, persons with procuration and authorized agents (copy)
- Certificate of the respective professional chamber about the existence of membership of the partners (copy)
- Proof of payment of the management fee
The documents required in your case can be found on the application form, in particular the following:
- Certificate of incorporation (copy)
- Proof of professional liability insurance or a provisional cover note (copy)
- List of shareholders in accordance with Section 8(1)(3) of the Limited Liability Companies Act (GmbHG) (certified copy)
- Shareholder resolution on the appointment of the managing directors, if applicable also of persons with power of attorney and authorized representatives (copy)
- Employment contracts of the managing directors, persons with power of attorney and authorized representatives (copy)
- Certificate from the relevant professional association confirming the membership of the partners (copy)
- Proof of payment of the administration fee
- Completed application form
- Questionnaire for the application form
- The object of the company is consulting and representation in legal matters.
- The shareholders are:
- Attorneys at law,
- patent attorneys and patent attorneys,
- tax consultants,
- tax agents,
- certified public accountants or
- certified accountants and auditors.
- These partners must be professionally active in the law firm.
- The majority of the shares and voting rights must be held by lawyers.
- Shares in the Rechtsanwaltsgesellschaft may not be held for third parties.
- Third parties may not participate in the profits of the Rechtsanwaltsgesellschaft.
- The majority of the managing directors must be attorneys-at-law.
- The independence of the attorneys-at-law acting as managing persons, persons with power of attorney or authorized agents must be guaranteed. Influence by the shareholders is inadmissible.
- The company must not be in financial collapse.
- There must be sufficient professional liability insurance for the law firm.
- Registration of the company in the Commercial Register.
- The object of the company is to advise and represent clients in legal matters.
- The shareholders are
- Attorneys at law,
- Patent attorneys and patent attorneys,
- tax advisors and tax consultants,
- tax agents,
- certified public accountants or
- sworn auditors.
- These partners must be professionally active in the law firm.
- The majority of shares and voting rights must be held by lawyers.
- Shares in the law firm may not be held for third parties.
- Third parties may not participate in the profits of the law firm.
- The majority of the managing directors must be lawyers.
- The independence of the lawyers acting as managing directors, persons with power of attorney or authorized representatives must be guaranteed. Influence exerted by the shareholders is not permitted.
- The company must not be in a state of financial collapse.
- The law firm must have adequate professional liability insurance.
- The company must be entered in the commercial register.
- The company complies with the requirements of
§§ Sections 59 c, 59 e and 59 f of the Federal Lawyers' Act (BRAO). - Proof of professional liability insurance (Section 59 j BRAO) has been provided or a provisional cover note has been issued.
For the admission of the law firm, fees are charged according to the respective fee schedule of the competent bar association.
Fees are charged for the admission of the law firm in accordance with the respective scale of fees of the competent bar association.
The costs of the procedure are
- Kassel Bar Association: 767.00 euros
- Frankfurt Bar Association: 500.00 euros
You can obtain the application form from the relevant bar association. Submit the completed and signed application with all required documents to the Bar Association.
- The Bar Association will check the admission requirements.
- If the admission requirements are met, the law firm is admitted and receives an admission certificate.
- Upon admission, the law firm becomes a member of the Bar Association.
You can obtain the application form from the relevant bar association. Submit the completed and signed application form with all required documents to the bar association.
- The bar association will check the admission requirements.
- If the admission requirements are met, the law firm is admitted and receives a certificate of admission.
- Upon admission, the law firm becomes a member of the Bar Association.
- If all admission requirements are met, you will receive a corresponding message and the admission certificate.
Your application will be reviewed within 3 months.
Your application will be reviewed within 3 months.
The admission must be made before the commencement of the business activity of the law company.
Admission must take place before the law firm commences business activities.
The participation of law firms in associations for the joint practice of the profession is not permitted.
The Rechtsanwaltsgesellschaft shall immediately notify the competent Bar Association of any change in the articles of association, the partners or in the persons authorized to represent the Rechtsanwaltsgesellschaft pursuant to Section 59f of the Federal Lawyers' Act (BRAO), as well as of the establishment or dissolution of branches, enclosing a publicly certified copy of the respective deed.
The participation of law firms in mergers for the joint practice of the profession is not permitted.
The law firm must immediately notify the competent Bar Association of any changes to the articles of association, the partners or the persons authorized to represent the firm pursuant to Section 59f of the Federal Lawyers' Act (BRAO) as well as the establishment or dissolution of branch offices, enclosing a publicly certified copy of the respective deed.
An application for a court decision may be filed against a negative decision within one month of service (Section 112a (1), Section 112c (1) sentence 1 of the Federal Lawyers' Act (BRAO), Section 74 (1) sentence 1 of the Administrative Court Rules (VwGO)).
An application for a court decision can be filed against a negative decision within one month of notification (Section 112a (1), Section 112c (1) sentence 1 of the Federal Lawyers' Act (BRAO), Section 74 (1) sentence 1 of the Administrative Court Code (VwGO)).
- Law Society Admission
- Admission required as a law society according to § 59c of the Federal Lawyers' Act (BRAO) for limited liability companies (GmbHs) that advise and represent in legal matters
- However, the UG (haftungsbeschränkt) and the stock corporation are also eligible for admission; §§ 59c ff BRAO apply to both accordingly
- after successful admission, a certificate of admission and a confirmation of admission are issued
- responsible: local bar association in whose district the company has its registered office
- Law firm Admission
- Admission required as a law firm pursuant to Section 59c of the Federal Lawyers' Act (BRAO) for GmbHs that advise and represent in legal matters
- However, the UG (haftungsbeschränkt) and the Aktiengesellschaft are also eligible for admission; Sections 59c ff BRAO apply to both accordingly
- After successful admission, a certificate of admission and a confirmation of admission are issued
- Responsible: local bar association in whose district the company has its registered office
to the bar association responsible for your registered office.
You can also complete the procedure electronically via the Point of Single Contact
A separate platform has been developed for online applications. On the so-called service platform, you can submit your applications electronically and much more! You are welcome to get your own impression of the application in advance without registering first. Use the simulation for this. To be able to use the online application to its full extent, you must first register for the online application procedure.