Point of single contact professional recognition, debt collection service provider for not only temporary and occasional legal services in D

Prerequisites

• Theoretical and practical expertise
• personal suitability and reliability
• professional liability insurance with a minimum sum insured of EUR 250,000 for each insured event

Documents required

When registering natural persons:

1. a completed application form

2. A summary of the professional training course and previous professional practice of the person to be registered

3. Documents to prove the theoretical and practical expertise of the person to be registered

If you are entitled to practice the profession of debt collection service provider in another member state of the European Union, another contracting state of the Agreement on the European Economic Area or Switzerland, the expertise may also be enhanced by an adaptation course lasting at least six months, taking into account the existing professional qualification be detected.

In this case, you must provide the certificate issued by a registered person or a member of a bar association stating that you have worked for at least six months under the responsibility of the registered person or a qualified person working for them or the member of a bar association in Germany.

However, the fact that the expertise can be proven by means of an adaptation course lasting at least six months requires the following:

If the activity is regulated in the EU Member State in which you are entitled to practice, you need a certificate of training or qualifications from the competent authority of this Member State.

If the profession is not regulated in the other EU member state, you need a certificate from the competent authority stating that you have been prepared for the profession in a regulated training course.

If neither the profession nor the training is regulated in the other EU member state, you need a certificate from the responsible authority stating that you were prepared for the practice of the profession in a non-regulated training course. You must also prove that you have practiced the profession for at least one year within the previous ten years in another Member State where the profession is not regulated.

If the training or qualification certificate relates to training that was not primarily carried out in EU member states, you must have practiced the profession for at least three years in the member state in which the certificate was issued.

If you have a certificate of training and qualifications from a country that is not a member state of the EU but has been recognized by a member state in which the profession is regulated, you need a certificate from the competent authority of the member state stating that you are there at least have practiced the profession for three years.

4. The certificate of good conduct to be submitted to the authority pursuant to Section 30 (5) of the Federal Central Register Act (Please apply for this from the competent authority. The certificate of good conduct will then be sent directly to the District Court of Hamburg.)

5. Proof of professional liability insurance for the person to be registered (can be submitted later if requested separately)


When registering legal entities:

1. a completed application form

2. Documents to prove that a qualified person is working for the person to be registered under the following conditions:
- permanent employment in the company
- Independence from instructions and authority to issue instructions
- Authorization to represent externally

3. A summary of the professional training course and previous professional practice of the qualified person

4. Documents to prove the theoretical and practical expertise of the qualified person

5. The certificate of good conduct for submission to the authority pursuant to Section 30 (5) of the Federal Central Register Act for the qualified person (please apply for this from the competent authority. The certificate of good conduct will then be sent directly to the district court of Hamburg.)

6. Proof of professional liability insurance for the person to be registered (can be submitted later if requested separately)

Please note

Please fill out the application form that is right for you and enclose the required attachments. Persons or associations according to Sections 6, 7 (1) and Section 8 (1) Nos. 4 and 5 of the Legal Services Register (RDG) can request the provision of legal services be prohibited for a maximum of five years if unqualified legal services are permanently provided to the detriment of those 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 Section 17 RDG are met.

Deadlines

No

Procedure

- You apply for registration in the legal services register in the area of debt collection services and submit the application together with the other documents to the responsible office
- The competent authority will examine your application
- As soon as all requirements have been met and all evidence has been provided, the competent authority will register and arrange for it to be publicly announced in the legal services register
- You will receive notification as to whether the registration has been completed.

Processing time

Approx. 4 weeks from receipt of the complete documents

Fees

• The fees for matters under the Legal Services Act (RDG) are determined according to § 1 Para. 2 No. 3 of the Judicial Administration Costs Act (JVKostG)
  
  No. 1110 Registration according to the RDG
  
  When registering a legal person or a company without legal personality, the fee also covers the entry of a qualified person in the legal services register: €150.00
  
  No. 1111 Entry of a qualified person in the legal services register if the entry is not covered by fee 1100, per person: €150.00
  
  No. 1112 Revocation or withdrawal €75.00

Legal remedies

- Complaint before the Administrative Court


- contradiction

Legal basis

Section 2 of the Law on Extrajudicial Legal Services (Legal Services Act – RDG)


§§ 10 Para. 1 S. 1 No. 1, 12 f.


§ 11 RDG


§ 12 RDG


§ 13 paragraph 1 RDG


§ 2 - 6 of the Ordinance on the Legal Services Act (Legal Services Ordinance - RDV)

Registration for legal services in Germany:

If you have previously worked as a debt collection service provider under the law of another member state of the European Union, in another contracting state of the Agreement on the European Economic Area or in Switzerland, you need an entry in the legal services register if you want to exercise your activity in the Federal Republic of Germany want to settle down. You also need an entry in the legal services register if you want to provide more than just temporary and occasional legal services in Germany.