Legal services (pension consulting), apply for permission

Application for registration in the Legal Services Register in accordance with the Legal Services Act (RDG)

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

  • Pension advice in the following areas:
    • statutory pension and accident insurance
    • social compensation law as well as other social insurance and severe disability law with reference to a statutory pension
    • company and occupational pension schemes
  • collection services
  • legal services in a foreign law (can be limited to the sub-areas "commercial legal protection" and "tax law")

You may provide extrajudicial legal services in areas other than those mentioned only 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 activities - especially business activities - if these are ancillary to your profession or activity. (Example: advising an architect on construction law issues related to the planning service). There is no obligation to register in these cases.

The legislator leaves representation in court and comprehensive out-of-court advice primarily in the hands of lawyers, as before.

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 centers or associations such as the Tenants' Association for legal services must guarantee their members that they will only provide legal services through or under the guidance of a fully qualified lawyer (fully qualified lawyers hold both state law examinations). Should there be any violations in this regard, the legal service may be prohibited.

Single Point of Contact

For this procedure, you can use the service of the Single Point of Contact (Einheitlicher Ansprechpartner). They will guide you through the administrative procedure, take care of correspondence with all the offices responsible for your request and will be available to you as a competent advisor.

Onlineantrag und Formulare

Hinweis: Sobald Sie eine Postleitzahl oder einen Ort angegeben haben, können wir Ihnen an dieser Stelle den Onlineantrag und die Formulare der zuständigen Stelle anzeigen. Ort angeben

Zuständige Stelle

Keine zuständige Stelle vorhanden.

Hinweis: Sobald Sie eine Postleitzahl oder einen Ort angegeben haben, können wir Ihnen an dieser Stelle weitere Informationen zu der für Sie zuständigen Stelle anzeigen. Ort angeben
Warum soll ich einen Ort angeben?
Mit Hilfe der Ortsangabe können wir die für Sie passenden Informationen, Formulare, Dienste und Ihre zuständige Stelle anzeigen.
Welchen Ort soll ich angeben?
Zum Beispiel Ihren Wohnort, wenn Sie einen Reisepass beantragen wollen oder den Unternehmensstandort, wenn Sie ein Gewerbe anmelden möchten.

Service details

Prerequisite

Basic requirements

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

Special expertise is required in the following areas in particular:

  • statutory pension and accident insurance law
  • social compensation law
  • other social insurance and severely disabled persons law with reference to a statutory pension as well as company and occupational pension schemes
  • Knowledge of the structure, organization and structural principles of social security as well as knowledge of the common legal principles applicable to all areas of social benefits, including the administrative procedure under social law and the social court procedure.

You must provide evidence of your theoretical and practical expertise (see "Required documents"). 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 is to 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 practice this or a comparable profession in its territory. This is also the case if the person has practiced such a profession full-time for two years during the previous ten years in one of the aforementioned states that does not regulate this profession.

Further requirement

  • Professional liability insurance with a minimum sum insured of EUR 250,000 for each insured event.
  • Legal entities and companies without legal personality must designate at least one natural person who meets all the required conditions (qualified person). The qualified person must
    • be permanently employed in the company
    • be independent of and authorized to issue instructions in all matters concerning the legal services of the company, and
    • be authorized to represent the company externally.

Registered individuals may appoint qualified persons.

Procedure

You can apply for registration in the Legal Services Register in writing or electronically to the competent registration authority using the forms provided.

  • Call up the necessary application forms online in the registration portal (see further information).
  • Complete the forms in full. 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: 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 written notification as to whether the registration has taken place

Temporary registration

You may additionally provide the service occasionally and temporarily in Germany if you are legally established (i.e. comparable to a legal service requiring registration) to practice the profession in the following territories:

  • 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".

Note: You must repeat the notification annually if you want 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 body in text form of any changes that affect the registration or content of the legal services register.

  • Retrieve the forms as described above
  • Enter only the changes to be made
  • Submit the form (with additional documents, if necessary) to the competent body

Required documents

  • Application forms
  • Attachments

With the application, please submit in particular:

  • a summary of your training and previous work experience
  • 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 statement 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 field of expertise
  • Work certificates as proof of practical expertise.

If the personal suitability and reliability as well as the 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.

Deadlines

Deletion of data publications

Data on providers of legal services who have been prohibited from engaging in this activity are publicly available in the register for a maximum period 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.

Costs

  • Registration (including registration of a qualified person in 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

Miscellaneous

Electronic signature / signature - how can I sign electronically?

In order to be able to fulfill the signature requirement even when submitting applications electronically, a qualified electronic signature is required. This is the only way to ensure that the sender's identity can be reliably established.

Your application and the necessary declarations require your handwritten signature. According to German law, your application form must have a qualified electronic signature in order to be considered signed. You will need an appropriate program for this. You can obtain electronic signatures from:

  • Trust service providers (according to the directory of the Federal Network Agency) or
  • the Bundesdruckerei (for citizens with the new identity card/nPA or electronic residence permit).
Use only this access to send electronically signed documents for your application: anerkennung-beruf-ausland@sbad.sachsen.de

Release note

Saxon State Ministry of Justice and for Democracy, Europe and Equality. 28.02.2020