Legal services (debt collection and legal services under foreign law), apply for permission

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

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

  • Debt collection services
  • Legal services under foreign law (can be limited to the sub-areas "industrial property protection" and "tax law")
  • Pension consulting in the following areas:
    • Compulsory pension and accident insurance
    • Social compensation law as well as other social insurance and severely disabled law related to a statutory pension
    • Occupational and professional pension schemes

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.

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

Free legal services

Basically, there are no longer any legal restrictions on legal services provided free of charge or charitably, especially among family and friends.

However, charitable institutions, consumer advice centers or associations such as the Tenants' Association (Mieterbund) must guarantee that they will only provide legal services to their clients/members through or under the guidance of a fully qualified lawyer (fully qualified lawyers have passed both judicial state examinations). Should there be any violations of this rule, the legal service may be prohibited.

Single Point of Contact

For this procedure, you can make use of the services of the Single Point of Contact. This person will accompany you through the procedure, take care of the 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

District court Chemnitz, Dresden or Leipzig

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

Detailed information

Prerequisite

Basic prerequisites

  • 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. These include in particular

  • Civil law
  • Commercial, securities and corporate law
  • Civil procedural law including foreclosure and insolvency law
  • Legal costs 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 related to the professional qualification or professional practice is to be proven by an adaptation course of at least 6 months’ duration. This applies to persons holding a professional qualification from

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

which is required to practice this or a comparable profession in the state in question. The adaptation course may also be taken by persons who have practiced such a profession full-time for two years during the previous ten years in one of the aforementioned states if the respective state does not regulate this profession.

Further prerequisites

  • Professional liability insurance with a minimum sum insured of EUR 250,000 for each insurance claim.
  • Legal entities and companies without legal personality must designate at least one natural person who meets all the requirements (qualified person).
    The qualified person must
    • be permanently employed in the company
    • be independent of instructions 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

Apply for registration in the Legal Services Register in writing or electronically to the relevant registration authority (district court) on the forms provided.

  • Retrieve the necessary application forms online in the portal of the Legal Services Register.
  • 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 under a foreign law: indicate the foreign law to which the registration is to relate.
  • Submit the application forms together with the other documents to the responsible registration authority.
  • As a result of the examination of the application, you will be notified in writing whether the registration has been made.

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

You may 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 authorities in writing, for example by means of a simple letter or an email to the responsible authority.

  • Use the form “Meldung für vorübergehende Rechtsdienstleistungen" (Notification of temporary legal services).
Note: You must renew the notification annually if you want to continue to provide the legal service on a temporary basis after one year.

Obligation to notify of changes

Remember that you must immediately notify the responsible authority in writing of any changes that affect the registration or content of the Legal Services Register.

  • Retrieve the forms.
  • Enter only the changes that need to be made.
  • Submit the form (with additional documents, if necessary) to the responsible authority.

Required documents

  • Application forms
  • Attachments

Together with the application, please submit in particular

  • a summary of your training and previous practice of your profession
  • a police clearance certificate, Belegart 0 (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.

After the personal suitability and reliability as well as the theoretical and practical expertise have been checked with a positive result, 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 published data

Data on providers of legal services who have been prohibited from providing such services may be publicly viewed in the register for a maximum period of 5 years. The published data will be deleted if, for example, the registered person has renounced the registration, the natural person has died or if the legal entity or company without legal personality has ceased to exist.

Costs

  • Registration (including registration of a qualified person for legal entities or companies without legal personality): EUR 150.00
  • Each additional registration of a person: EUR 150.00
  • Revocation or withdrawal of registration: EUR 75.00

Miscellaneous

Electronic signature - how can I sign electronically?

A qualified electronic signature is required to fulfill the signature requirement when submitting applications electronically. This is the only way to ensure that the identity of the sender can be safely established.

Your application and the necessary declarations require your handwritten signature. According to German law, your application form must include a qualified electronic signature to be considered signed. You will need suitable software for this. Electronic signatures can be purchased from:

  • Trusted service providers (according to the directory of the Federal Network Agency) or
  • the German Federal Printing Office (Bundesdruckerei), for citizens with a new identity card/nPA or electronic residence permit.
Please exclusively use the following address 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. 18.02.2020