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Apply for admission to the law society

Source: Zuständigkeitsfinder Schleswig-Holstein (Linie6Plus)

Service Description

Do you want to run your law firm in the form of a limited liability company (GmbH) or a stock corporation (AG)? In this case, recognition as a law company requires admission.

If your business purpose is to provide advice and representation in legal matters and the legal form of your business is a limited liability company (GmbH) or a UG haftungsbeschränkt, you must be admitted as a Rechtsanwaltsgesellschaft. If you are organized as a stock corporation, you may be admitted as a Rechtsanwaltsgesellschaft, provided that you meet the requirements developed by case law based on § 59c ff BRAO.

After successful admission as a law society, you will receive a certificate of admission and a confirmation of admission.


Process flow

You can obtain the application form from the relevant bar association. Submit the completed and signed application with all required documents to the Bar Association.

  • The Bar Association will check the admission requirements.
  • If the admission requirements are met, the law firm is admitted and receives an admission certificate.
  • Upon admission, the law firm becomes a member of the Bar Association.
Requirements
  • The object of the company is consulting and representation in legal matters.
  • The shareholders are:
    • Attorneys at law,
    • patent attorneys and patent attorneys,
    • tax consultants,
    • tax agents,
    • certified public accountants or
    • certified accountants and auditors.
  • These partners must be professionally active in the law firm.
  • The majority of the shares and voting rights must be held by lawyers.
  • Shares in the Rechtsanwaltsgesellschaft may not be held for third parties.
  • Third parties may not participate in the profits of the Rechtsanwaltsgesellschaft.
  • The majority of the managing directors must be attorneys-at-law.
  • The independence of the attorneys-at-law acting as managing persons, persons with power of attorney or authorized agents must be guaranteed. Influence by the shareholders is inadmissible.
  • The company must not be in financial collapse.
  • There must be sufficient professional liability insurance for the law firm.
  • Registration of the company in the Commercial Register.
Which documents are required?

The documents required in your case can be found in the application form, in particular they can be the following:

  • Certificate of incorporation (copy)
  • Proof of professional liability insurance or a provisional confirmation of coverage (copy)
  • List of shareholders pursuant to Section 8 (1) No. 3 of the German Limited Liability Companies Act (GmbHG) (certified copy)
  • Shareholders' resolution on the appointment of the managing persons, if applicable also of persons with procuration and authorized agents (copy)
  • Employment contracts of the managing persons, persons with procuration and authorized agents (copy)
  • Certificate of the respective professional chamber about the existence of membership of the partners (copy)
  • Proof of payment of the management fee
What are the fees?

For the admission of the law firm, fees are charged according to the respective fee schedule of the competent bar association.

What deadlines do I have to pay attention to?

The admission must be made before the commencement of the business activity of the law company.

Processing duration

Your application will be reviewed within 3 months.

Legal basis
Appeal

An application for a court decision may be filed against a negative decision within one month of service (Section 112a (1), Section 112c (1) sentence 1 of the Federal Lawyers' Act (BRAO), Section 74 (1) sentence 1 of the Administrative Court Rules (VwGO)).

What else should I know?

The participation of law firms in associations for the joint practice of the profession is not permitted.

The Rechtsanwaltsgesellschaft shall immediately notify the competent Bar Association of any change in the articles of association, the partners or in the persons authorized to represent the Rechtsanwaltsgesellschaft pursuant to Section 59f of the Federal Lawyers' Act (BRAO), as well as of the establishment or dissolution of branches, enclosing a publicly certified copy of the respective deed.

Author

The text was automatically translated based on the German content.

Teaser

Do you want to run your law firm in the form of a limited liability company (GmbH) or a stock corporation (AG)? In this case, recognition as a law company requires admission.

Process flow

You can obtain the application form from the relevant bar association. Submit the completed and signed application with all required documents to the Bar Association.

  • The Bar Association will check the admission requirements.
  • If the admission requirements are met, the law firm is admitted and receives an admission certificate.
  • Upon admission, the law firm becomes a member of the Bar Association.

Requirements

  • The object of the company is consulting and representation in legal matters.
  • The shareholders are:
    • Attorneys at law,
    • patent attorneys and patent attorneys,
    • tax consultants,
    • tax agents,
    • certified public accountants or
    • certified accountants and auditors.
  • These partners must be professionally active in the law firm.
  • The majority of the shares and voting rights must be held by lawyers.
  • Shares in the Rechtsanwaltsgesellschaft may not be held for third parties.
  • Third parties may not participate in the profits of the Rechtsanwaltsgesellschaft.
  • The majority of the managing directors must be attorneys-at-law.
  • The independence of the attorneys-at-law acting as managing persons, persons with power of attorney or authorized agents must be guaranteed. Influence by the shareholders is inadmissible.
  • The company must not be in financial collapse.
  • There must be sufficient professional liability insurance for the law firm.
  • Registration of the company in the Commercial Register.

Which documents are required?

The documents required in your case can be found in the application form, in particular they can be the following:

  • Certificate of incorporation (copy)
  • Proof of professional liability insurance or a provisional confirmation of coverage (copy)
  • List of shareholders pursuant to Section 8 (1) No. 3 of the German Limited Liability Companies Act (GmbHG) (certified copy)
  • Shareholders' resolution on the appointment of the managing persons, if applicable also of persons with procuration and authorized agents (copy)
  • Employment contracts of the managing persons, persons with procuration and authorized agents (copy)
  • Certificate of the respective professional chamber about the existence of membership of the partners (copy)
  • Proof of payment of the management fee

What are the fees?

For the admission of the law firm, fees are charged according to the respective fee schedule of the competent bar association.

What deadlines do I have to pay attention to?

The admission must be made before the commencement of the business activity of the law company.

Processing duration

Your application will be reviewed within 3 months.

Legal basis

Appeal

An application for a court decision may be filed against a negative decision within one month of service (Section 112a (1), Section 112c (1) sentence 1 of the Federal Lawyers' Act (BRAO), Section 74 (1) sentence 1 of the Administrative Court Rules (VwGO)).

What else should I know?

The participation of law firms in associations for the joint practice of the profession is not permitted.

The Rechtsanwaltsgesellschaft shall immediately notify the competent Bar Association of any change in the articles of association, the partners or in the persons authorized to represent the Rechtsanwaltsgesellschaft pursuant to Section 59f of the Federal Lawyers' Act (BRAO), as well as of the establishment or dissolution of branches, enclosing a publicly certified copy of the respective deed.

Author

The text was automatically translated based on the German content.

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