vorübergehende Registrierung vorübergehender Rechtsdienstleistungen

Persons or companies of other EU Member States or contracting states to the Agreement on the European Economic Area may, after submitting a notification, provide so-called temporary legal services in the territory of the Federal Republic of Germany if they are entitled to exercise a profession referred to in Section 10 (1) RDG or comparable in the country in which they are established.

We kindly ask you to use the forms provided under www.rechtsdienstleistungsregister.de . The report should be addressed to the President of the Brandenburg Higher Regional Court, Gertrud-Piter-Platz 11, 14770 Brandenburg.

In addition to the notification, the following documents must be submitted (§ 15 para. 2 RDG):

(a) a certificate of legal establishment in a Member State for the purpose of practising the profession for which temporary registration is sought;

(b) alternatively, if the profession is not regulated in the Member State, proof of at least two years' professional practice in the preceding ten years;

(c) information on the existence or non-existence and scope of professional indemnity insurance or other individual or collective protection in relation to professional indemnity;

(d) an indication of the professional title under which the activity is carried out in the State of establishment.

The notification must be submitted in writing. The supporting documents to be attached must be submitted in the original. If the above-mentioned documents are not available in German, a translation prepared by an authorised translator must be attached. There is no provision for the notification to be submitted electronically.

Requirements for registration (§ 15 RDG):

1. Notification to the competent licensing authority (Brandenburg Higher Regional Court) § 15 para. 2 RDG;
2. The person or company must be a resident of a Member State of the European Union or another State party to the Agreement on the European Economic Area;
3. The person or company must be lawfully established abroad for the purpose of exercising one of the professions referred to in Section 10 (1) RDG or a comparable profession;
4. during the period of the notification, there must have been no prohibition of the activity by foreign authorities;
5. the exercise in the Federal Republic of Germany is occasional or temporary;
6. the activity must have been carried out in the State of establishment for at least 2 years within the previous ten years, if the profession is not regulated in the State of establishment.

A regulated profession is a professional activity or a group of professional activities in which the taking-up or pursuit or one of the types of exercise is linked, directly or indirectly, by laws, regulations or administrative provisions to the possession of certain professional qualifications. One type of exercise is, in particular, the use of a professional title which is restricted by law, regulation or administrative provision to persons who have a specific professional qualification (Article 3(1)(a) of Directive 2005/36/EC of the European Parliament and of the Council of 07.09.2005 on the recognition of professional qualifications).

After notification and submission of all required documents, the examination and registration in the Legal Services Register takes place; or, in the absence of admission requirements, the examination of the prohibition of the activity.

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

Registration in the register of legal services is not constitutive. The start of the activity can already take place with the complete notification to the competent authority. Registration is only valid for one year (§ 15 para. 2 sentence 3 RDG). If a repeat registration is submitted, the registration will be extended by one year. If there is no repeat notification, the announcement will be deleted from the legal services register (§ 17 para. 1 no. 6 RDG).

Registration for temporary legal services in the field of pension counselling (§ 15 RDG in conjunction with § 10 para. 1 no. 2 RDG) does not fall within the jurisdiction of the Brandenburg Higher Regional Court. In this respect, the competent authority is the President of the Regional Social Court of Berlin-Brandenburg.