Rechtsanwaltsgesellschaft – Zulassung (RLP)
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 firm requires licensing.
If your business purpose is advice and representation in legal matters and the legal form of your company is a limited liability company (GmbH) or a UG, you must be admitted as a law firm. If you are organized as a stock corporation, you can register as a law firm, provided that you meet the requirements that the case law has developed on the basis of § 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 the following:
- Certificate of incorporation (copy)
- Proof of professional liability insurance or a provisional confirmation of cover (copy)
- List of shareholders according to § 8 paragraph 1 number 3 of the Act on Limited Liability Companies (GmbHG) (certified copy)
- Shareholders' resolution on the appointment of managing persons, if necessary also persons with power of attorney and authorized representatives (copy)
- Employment contracts of managing persons, persons with power of attorney and authorised representatives (copy)
- Certificate of the respective professional chamber on the existence of the membership of the partners (copy)
- Proof of payment of the administrative fee
- The object of the company is to provide advice and representation in legal matters.
- The shareholders are:
- lawyers,
- Patent Attorneys,
- Tax consultants,
- tax agents,
- auditors or
- sworn auditors.
- These partners must be professionally active in the law firm.
- In principle, the majority of shares and voting rights must belong to lawyers.
- Shares of the law firm may not be held for third parties.
- Third parties may not participate in the profits of the law firm.
- In principle, the majority of the managing persons must be lawyers.
- The independence of lawyers acting as managing persons, persons with power of attorney or authorised representatives must be guaranteed. Influence exerted by the shareholders is not permitted.
- The company must not be in financial decline.
- There is sufficient professional liability insurance of the law firm.
- Registration of the company in the commercial register.
For the admission of the law firm, fees are charged in accordance with the respective scale of fees of the competent bar association.
The application form can be obtained from the competent bar association. Submit the completed and signed application with all the required documents to the Bar Association.
- The Bar Association examines 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.
The participation of law firms in associations for the joint exercise of the profession is prohibited.
The law firm must immediately notify the competent bar association of any changes to the articles of association, the partners or in the person of the persons authorised to represent the company pursuant to § 59f of the Federal Lawyers' Act (BRAO) as well as the establishment or dissolution of branches to the competent bar association, enclosing a publicly certified copy of the respective document.
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 Code of Administrative Court Procedure (VwGO)).
- Law firm Admission
- Approval required as a law firm according to § 59c Bundesrechtsanwaltsordnung (BRAO) for GmbHs that advise and represent in legal matters
- However, the UG (haftungsbeschränkt) and the Aktiengesellschaft are also eligible for admission; §§ 59c ff BRAO apply accordingly to both
- 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