Rechtsdienstleistungen (Inkasso und Rechtsdienstleistungen nach ausländischem Recht) – Registrierung, Löschung

• § 13 Rechtsdienstleistungsgesetz (RDG) – Registrierungsverfahren; Verordnungsermächtigung
• § 16 RDG – Inhalt des Rechtsdienstleistungsregisters; Verordnungsermächtigung
• § 17 RDG – Löschung von Veröffentlichungen; Verordnungsermächtigung
• Verordnung zum Rechtsdienstleistungsgesetz (RDV) – Einzelheiten zu den Registrierungsvoraussetzungen und dem Registrierungsverfahren
• Gesetz über Kosten in Angelegenheiten der Justizverwaltung (Justizverwaltungskostengesetz – JVKostG), Kostenverzeichnis – Anlage (zu § 4 Absatz 1) Kostenverzeichnis, Nr. 1110 bis 1112
• § 29a Sächsische Justizorganisationsverordnung (SächsJOrgVO) – zuständige Registrierungsbehörde

You must be registered in the Legal Services Register if you wish to provide the following extrajudicial legal services against payment:

• Collection services
• Legal services in a foreign law (may be limited to the sub-areas of "industrial property law" and "tax law")
• Pension advice in the following areas:
• statutory pension and accident insurance
• social compensation law as well as other social insurance and severely disabled persons law with reference to a statutory pension
• occupational and professional pension schemes

You may only provide extrajudicial legal services in areas other than those mentioned to the extent permitted by the Legal Services Act or other laws.

Authority to provide extrajudicial legal services under the Legal Services Act

The purpose of the Legal Services Act (RDG) is to open up the provision of legal services to more professionals than before without compromising quality. For example, you can now also provide legal services in connection with other - in particular economic - activities if these are ancillary to your profession or activity. (Example: advice by architects on questions of building law related to planning services) There is no obligation to register in these cases.

Representation in court and comprehensive out-of-court advice remain primarily in the hands of lawyers.

Free legal services

In principle, there are no longer any legal restrictions on gratuitous, charitable legal services - especially among family and friends.

However, charitable institutions, consumer advice centres or associations such as the Tenants' Association for legal services must guarantee their members that they only provide legal services through or under the guidance of a fully qualified lawyer (fully qualified lawyers hold both state law examinations). In the event of violations, the provision of legal services may be prohibited.

Deletion of publicly disclosed data in the Legal Services Register

In the case of registered persons, the data published in the Legal Services Register must be deleted when they cease to be registered.

Single point of contact

For this procedure, you can make use of the service of the point of single contact. He or she will guide you through the procedure, take care of the correspondence with all offices responsible for your matter and will be at your side as a competent advisor.

• Application forms
• Enclosures

With your application, please submit in particular

• a summary of your education and training and the practice of your profession to date
• a certificate of good conduct (document type 0)
• a declaration that no insolvency proceedings are pending against you and that you have not been entered in the debtors' register in the last three years prior to submitting your application
• a declaration as to whether your admission to the bar has been refused, withdrawn or revoked in the last three years (copy of the decision, if applicable)

Documents proving theoretical and practical expertise:

• Certificates, in particular of a successfully completed course of instruction in the subject matter
• Work certificates as proof of practical expertise.

If personal suitability 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 proofs that are not issued in German may be required to be translated.

Basic requirements

• Personal suitability and reliability,
• Expertise in the areas in which the legal services are to be provided.

Registration for debt collection services

You must have special expertise in areas of law relevant to this activity. This includes in particular

• Civil law
• Commercial, securities and company law
• Civil procedural law including compulsory execution and insolvency law
• Cost law

You must provide evidence of your theoretical and practical expertise.

Practical expertise generally requires at least two years of professional practice or practical professional training under supervision.

Foreign professional qualification

The expert knowledge taking into account this professional qualification or professional practice must be proven with an adaptation course of at least six months if the person has a professional qualification

• in another member state of the European Union (EU),
• another contracting state of the Agreement on the European Economic Area (EEA)
• or in Switzerland

which is required to practise this or a comparable profession in its territory. This is also the case if the person has exercised such a profession full-time for two years during the previous ten years in one of the aforementioned states which does not regulate this profession.

Further requirements

• Professional liability insurance with a minimum sum insured of EUR 250,000 for each insured event.
• Legal entities and companies without legal personality must appoint at least one natural person who fulfils all the necessary requirements (qualified person). The qualified person must
  • be permanently employed in the company
  • be independent of and authorised to issue instructions in all matters concerning the legal services of the enterprise, and
  • be authorised to represent the company externally.
  Registered individuals may appoint qualified persons.

• Registration (including registration of a qualified person in the case of legal entities or companies without legal personality): EUR 150.00
• each additional registration of a person: additional EUR 150.00
• Revocation or withdrawal of registration: EUR 75.00

You apply for entry in the Legal Services Register on the forms provided in writing or electronically to the competent registration authority. It is not necessary to sign the online forms.

Set up a service account in Amt24 for identification and authentication and use it to log in to the service portal. Have the required documents ready.

• Follow the link to the online application and fill in the data fields according to the instructions. You can save the information at any time and complete it later.
• Once all data fields have been filled in and the listed documents have been compiled, complete the application and the data will be sent to the competent office.
• You will find the application confirmation in the inbox of your service account. For incoming messages, you will receive a notification to your personal e-mail address.

• Fill out the forms completely. Pay particular attention to
  • indicate the area or sub-area for which the registration is to be made,
  • in the case of registration for legal services in a foreign law: to indicate the foreign law to which the registration is to relate.
• You submit the application forms together with the other documents to the competent registration authority.
• As a result of the examination of the application, you will receive notification as to whether registration has taken place.

Temporary registration for legal service providers from other EU / EEC states / Switzerland

You may also provide the service occasionally and temporarily in Germany if you are legally established (i.e. comparable to a legal service provider subject to registration) in the following territories for the purpose of practising the profession:

• European Union (EU)
• European Economic Area (EEA)
• Switzerland

Before doing so, you must notify the above-mentioned bodies in text form, for example by means of a simple letter or as an e-mail to the competent body.

• Use the form "Notification for temporary legal services pursuant to section 15 RDG".

Note: You must repeat the notification annually if you wish to provide the legal service again on a temporary basis after one year.

Obligation to notify changes

Remember that you must immediately notify the competent authority in text form of any changes that affect the registration or the content of the legal services register.

• Consult the forms.
• Enter only the changes to be made.
• Submit the form (with further documents if necessary) to the competent body.

• up to three months

If you do not receive any information, please contact the competent authority.

Deletion of data publications

• Information on legal service providers who have been prohibited from engaging in this activity: publicly accessible for a maximum of five years

The published data will be deleted if, for example, the registered person has renounced the registration, the natural person has died, the legal entity or company without legal personality has ceased to exist.

Electronic signature / Signature - how can I sign electronically?

It is not necessary to sign the online forms. However, you can also sign with a qualified electronic signature when submitting an application electronically. You can obtain electronic signatures from

• Trust service providers (according to the list of the Federal Network Agency) or
• bundesdruckerei (for citizens with a new identity card/nPA or electronic residence permit)

Only use this access to send electronically signed documents for your application: anerkennung-beruf-ausland@sbad.sachsen.de

Appeal to the competent authority or immediate action before the administrative court (for details on the procedure, see the decision)

Note: The registration authority does not decide on disputes between registered legal service providers and recipients or between legal service providers. Civil law claims between the parties involved must be brought before the ordinary courts.