Zulassung für Rechtsanwaltsgesellschaft beantragen

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 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 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

• 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.

Procedural costs

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 an admission certificate.
• Upon admission, the law firm becomes a member of the Bar Association.

Your application will be reviewed within 3 months.

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 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 can be made 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 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

competent: local bar association in whose district the company has its registered office