Prerequisites
- personal suitability and reliability;
- theoretical and practical expertise in the area or sub-area of § 10 RDG [Legal Services Act] in which the legal services should be provided;
- professional liability insurance
- Legal persons and unincorporated companies must nominate at least one natural person who fulfills all the necessary requirements (qualified person). The Qualified Person must
- permanently employed in the company,
- in all matters relating to the company's legal services, independent of instructions and authorized to issue instructions, as well as
- be authorized to represent externally.
Documents required
The following documents are required for the registration of natural persons:
1. a completed application form
2. a summary of the vocational training course and previous professional practice of the person to be registered
3. Documents proving the theoretical and practical expertise of the person to be registered
4. A certificate of good conduct to be presented to the authority in accordance with Section 30 Paragraph 5 of the Federal Central Register Act (Please apply for this from the responsible authority. The certificate of good conduct will then be sent directly to the Hamburg District Court.)
5. Proof of professional liability insurance for the person to be registered (can be submitted upon separate request)
6. information from the central trade register for submission to the authority in accordance with Section 150 Paragraph 5 of the Trade Code
7. a description of the content of the intended activities (in particular information on which legal areas the debt collection activity is to be carried out and whether and, if so, which other activities are to be carried out as ancillary services)
The following documents are required for the registration of legal entities and companies without legal personality:
1. a completed application form
2. Documents proving that a qualified person is acting for the person to be registered under the following conditions:
- permanent employment in the company
- Independence from instructions and authority to give instructions
- Right of representation in external relationships
3. a summary of the qualified person's vocational training course and previous professional practice
4. Declaration as to whether insolvency proceedings are ongoing against the person applying or whether an entry has been made in a list of debtors in the last three years before the application was submitted? If necessary, adjust the consecutive numbering.
5. Documents proving the theoretical (see § 2 RDV ) and practical (see § 3 RDV ) expertise of the qualified person
6. A certificate of good conduct for presentation to the authority in accordance with Section 30 Paragraph 5 of the Federal Central Register Act for the qualified person (Please apply for this from the responsible authority. The certificate of good conduct will then be sent directly to the Hamburg District Court.)
7. Proof of professional liability insurance for the person to be registered (can be submitted upon separate request)
8. information from the central trade register for submission to the authority in accordance with the Trade Code Section 150 Paragraph 5 for both the person to be registered and the qualified person
9. a description of the content of the intended activities (in particular information on which legal areas the debt collection activity is to be carried out and whether and, if so, which other activities are to be carried out as additional services)
Please note
There are the following hints:
Prohibition:
Persons or associations according to § 6 RDG , § 7 para. 1 and § 8 para. 1 no. 4 and 5 RDG can be prohibited from providing legal services for a maximum of five years if unqualified legal services are provided permanently to the detriment of the person seeking justice.
Legal services register and public notice:
According to § 16 RDG, a transnational register of legal services will be set up. This serves to provide free information to those seeking legal advice, to persons offering legal services, to legal transactions and to other public bodies. The legal services register lists persons who are permitted to provide legal services in one or more of the areas or sub-areas specified in Section 10 (1) RDG (debt collection services, pension advice and legal services under foreign law), and persons or associations who are permitted to provide legal services in accordance with Section 9 Para. 1 RDG has been definitively prohibited, made public.
The public announcement according to § 16 paragraph 3 sentence 1 RDG takes place several times a day through a central publication of all registration authorities on these pages. The publicly disclosed data will be deleted if the requirements of § 17 RDG are met.
Deadlines
In principle, an activity according to the RDG may only be carried out after registration. There are no application deadlines for registration.
