Registrierung von ausländischen Rechtsdienstleisterinnen und Rechtsdienstleistern zur vorübergehenden Erbringung von Rechtsdienstleistungen in der Bundesrepublik Deutschland

Would you like to offer legal services on a temporary and occasional basis and are you already active as a legal service provider with a branch in another European country? Then you must notify the competent authority of this under certain conditions.

If you are a natural or legal person or a company without legal personality who is legally established in another European country (EU member state, EEA contracting state or Switzerland) for the purpose of practicing a profession referred to in Section 10 para. 1 sentence 1 no. 1 or 2 RDG or a comparable profession or for the provision of legal services in a foreign law pursuant to Section 10 para. 1 sentence 1 no. 3 RDG and wish to provide one of the following legal services temporarily and occasionally in the Federal Republic of Germany, you must notify the competent authority in accordance with Section 19 RDG before providing one of the following legal services in Germany for the first time:

• Debt collection services
• Pension advice in the field of statutory pension and accident insurance, social compensation law, other social security and disability law relating to a statutory pension and occupational and occupational pension schemes
• Legal services in a foreign law

This notification must be repeated annually if required by the activity.

The competent authority checks whether the notification has the required content in accordance with Section 15 para. 2 sentence 3 RDG.

As soon as the notification is complete, the authority will carry out a temporary registration or the extension of the registration for a period of one year and arrange for the public announcement in the Legal Services Register.

They are now registered for a period of one year and can be found by the public via the "Announcement platform for extrajudicial legal services".

In addition to the registered providers, prohibitions on the provision of legal services can also be viewed via the "Announcement platform for extrajudicial legal services". This strengthens the protection of those seeking legal services and legal transactions.

• A notification containing the following:
  • the information to be disclosed pursuant to Section 16 (2) sentence 1 no. 1 a) - c) RDG,
  • a certificate stating that the person or company is legally established in an EU, EEA member state or Switzerland for the purpose of practising a profession pursuant to Section 10 para. 1 sentence 1 no. 1 or 2 RDG or a comparable profession or for the provision of legal services in a foreign law (Section 10 para. 1 sentence 1 no. 3 RDG) and is not (even temporarily) prohibited from practising this profession or proof of lawful practice in one of these countries for at least one year during the previous ten years, if the profession is not regulated there,
  • proof of professional indemnity insurance or an explanatory declaration that it is not possible/unreasonable to take out insurance or that the profession is practiced exclusively from the country of establishment,
  • indication of the professional title under which the activity is to be performed in Germany and if applicable, consent to the publication of the telephone number and e-mail address in the legal services register.

Requirements for registration as a temporary legal service provider pursuant to Section 15 RDG:

• Lawful professional establishment in another European country
• No prohibition on practicing the profession
• Professional liability insurance or reasons that speak against taking out professional liability insurance
• Temporary, occasional provision of services in Germany

• You can submit the notification to the competent authority. The registration procedure is regulated in §§ 15, 16 RDG as well as in the Legal Services Ordinance (RDV). The state justice administrations are generally responsible for registration. The competent authority in Hesse pursuant to Section 19 RDG is the Higher Regional Court of Frankfurt am Main.
• The registration can only be made in text form, enclosing the required documents.
• As soon as the notification has been submitted in full, the competent authority will make a public announcement in the Legal Services Register once registration has been completed.

The registration must be made before the first legal service is provided.

After one year, the registration in the legal services register is automatically deleted.

• Legal services based on special expertise - Notification for temporary legal services
• If natural or legal persons and companies without legal personality who are legally established in another member state of the European Union, in another state party to the Agreement on the European Economic Area or in Switzerland for the purpose of exercising a profession referred to in Section 10 para. 1 sentence 1 no. 1 or 2 RDG or a comparable profession or for the provision of legal services in a foreign law pursuant to Section 10 para. 1 sentence 1 no. 3 RDG wish to provide legal services in these areas in Germany on a temporary and occasional basis, they must generally notify the competent authority pursuant to Section 19 RDG,
• the notification is required by law
• a breach of an existing registration obligation can lead to the imposition of fines
• The notification must contain the following information in accordance with Section 15 (2) RDG:
  • the information to be published in accordance with Section 16 (2) sentence 1 no. 1 a) - c) RDG,
  • a certificate stating that the person or company is legally established in an EU, EEA member state or Switzerland for the purpose of practising a profession in accordance with Section 10 (1) No. 1 or 2 RDG or a comparable profession and is not (even temporarily) prohibited from practising this profession or
  • proof of lawful practice in one of these countries for at least one year during the previous ten years, if the profession is not regulated there
  • proof of professional indemnity insurance or
  • an explanatory statement that it is not possible/unreasonable to take out insurance or that the profession is practiced exclusively from the country of establishment,
  • Indication of the professional title under which the activity is to be performed in Germany,
  • if applicable, consent to the publication of the telephone number and e-mail address in the legal services register.
• As soon as the notification in accordance with paragraph 2 is complete, the competent authority shall carry out a temporary registration or its extension by one year and arrange for the public announcement in the Legal Services Register.
• The notification must be repeated annually in good time if the period of activity exceeds one year.
• The Higher Regional Court of Frankfurt am Main is responsible for the State of Hesse.

The Higher Regional Court of Frankfurt am Main is responsible for the state of Hesse.

Forms available: Yes

Written form required: No

Informal application possible: Yes, but use of the forms is appropriate due to the information required.

Personal appearance necessary: No

Online services available: Yes