Rechtsdienstleistungen aufgrund besonderer Sachkunde Registrierung von Personen die Rechtsdienstleistungen in einem ausländischen Recht erbringen

Who is allowed to provide legal services in a foreign law in the Federal Republic of Germany on the basis of special expertise?

Natural and legal persons, as well as companies without legal personality, which are registered with the competent authority, may provide legal services in a foreign law on the basis of special expertise. If the foreign law is the law of a member state of the European Union or another state party to the Agreement on the European Economic Area, advice may also be given in the field of European Union law and the law of the European Economic Area.

Applicants are requested to use the forms provided under www.rechtsdienstleistungsregister.de . The application is to be addressed to the President of the Brandenburg Higher Regional Court, Gertrud-Piter-Platz 11, 14770 Brandenburg.

I. Requirements for registration (§ 12 para. 1 RDG):

1. personal suitability and reliability; reliability is usually lacking,

(a) if the person has been finally convicted of a felony or misdemeanour relating to the exercise of his profession in the three years preceding the filing of the application;

(b) if the person's financial circumstances are disorderly;

c) if, in the last three years prior to the application, a registration pursuant to § 14 RDG or an admission to the bar pursuant to § 14 (2) nos. 1 to 3 and 7 to 9 of the Federal Lawyers' Act (BRAO) has been revoked, admission to the bar has been withdrawn pursuant to § 14 (1) BRAO or refused pursuant to § 7 BRAO or an exclusion from the legal profession has taken place,

2. theoretical and practical expertise in the area or sub-areas of § 10 para. 1 RDG in which the legal services are to be provided (further details with regard to proof of expertise can be found in the RDV),

3. professional indemnity insurance with a minimum sum insured of € 250,000.00 for each insured event. The pecuniary loss liability insurance must meet the conditions of § 5 RDV. According to this, the insurer must, among other things, be contractually obliged to inform the registration authority of impairments of insurance cover (Section 5 (6) RDV). Furthermore, the insurer's benefits for all damage caused within one year may be limited to four times the amount of the statutory minimum sum insured of € 250,000.00 (§ 5 para. 4 RDV).

II. Requirements for the registration of licence holders under the Legal Advice Act (§ 1 para. 1 RDGEG):

1. Certificate of permission in accordance with the Legal Advice Act,

2. Professional indemnity insurance with a minimum sum insured of € 250,000.00 for each insured event. The pecuniary loss liability insurance must meet the conditions of § 5 of the Ordinance to the Legal Services Act of 19 June 2008 (Federal Law Gazette I p. 1069). According to this, the insurer must, among other things, be contractually obliged to inform the registration authority of impairments of insurance cover (Section 5 (6) RDV). Furthermore, the insurer's benefits for all damage caused within one year may be limited to four times the amount of the statutory minimum sum insured of € 250,000.00 (§ 5 para. 4 RDV).

€ 150.00 (§ 1 para. 1 JKGBbg in conjunction with § 2 para. 1 JVKostO and No. 300/301 JVKostO schedule of fees)

After the application has been submitted and all required documents have been submitted, the examination and registration in the Legal Services Register takes place; or, in the absence of admission requirements, the rejection of the application.

The processing time depends on the completeness of the documents provided.

In principle, the exercise of an activity under the RDG may only take place after registration. There are no application deadlines for registration.

The granting of permission for the area of pension counselling referred to in § 10.1 no. 2 RDG does not fall within the jurisdiction of the Brandenburg Higher Regional Court. The competent authority is the President of the Berlin-Brandenburg Regional Social Court.

Natural and legal persons, as well as companies without legal personality, which are registered with the competent authority, may provide legal services in a foreign law on the basis of special expertise. If the foreign law is the law of a member state of the European Union or another state party to the Agreement on the European Economic Area, advice may also be given in the field of European Union law and the law of the European Economic Area.

Brandenburgisches
Regional appeal court
Gertrud-Piter-Platz 11
14770 Brandenburg an der Havel
Phone: 03381 39 - 90
Fax: 03381 39 - 9350
Fax: 03381 39 - 9360
E-Mail: Verwaltung@olg.brandenburg.de