German clearing house

from Wikipedia, the free encyclopedia
German clearing house AG
legal form Corporation
founding 2004
Seat Cologne , Germany
management Sven Ries
Branch Financial services
Website www.dvs.ag

The German Clearinghouse AG is a financial services institution in accordance with § 1 para. 1a para. 9 KWG , which offers factoring in the form of a clearing house. The company was founded in 2004 under the name of Deutsche Anwaltliche Verrechnungsstelle , and was renamed in December 2014.

history

Under the original name of the company, against resistance from parts of the legal profession, the company legally enforced the clearing house model established among doctors among this target group. Based on the then valid version of Section 49 b (4) sentence 2 of the Federal Lawyers' Act (BRAO), lawyers were only allowed to assign fee claims against clients to third parties if a claim was legally established by a court, a first attempt at enforcement was unsuccessful and the express, written consent of the Client existed. These requirements, understood as cumulative, meant that the assignment of attorney's fees was of no practical relevance.

An expert opinion from the Institute for Legal Law at the University of Cologne saw the company's business model in line with professional law standards if the client had given their consent to the assignment of the legal fee in advance. The part of the Federal Bar Association (BRAK) and the Federal Ministry of Justice gave the model for approval, while some regional bar associations stopped selling attorney claims due to the laws wording unlawful. For example, the bar associations in Cologne and Düsseldorf showed a negative attitude.

Complaints by the competent bar association before the LG Cologne and the OLG Cologne were unsuccessful. Subsequently, within the framework of the Legal Services Act (RDG), a new formulation was initiated in Section 49b (4) BRAO, which in the new version with Section 49b (4) sentence 2 basically allows assignment to third parties. In the Berliner Anwaltsblatt this decision was referred to as "Lex AnwVS". With its judgment of April 24, 2008, the Federal Court of Justice finally confirmed the admissibility of the business model even before the BRAO was changed. As a result, the company became the market leader in the field of legal accounting services.

In 2011, the target group of motor vehicle experts was expanded , and in 2014 a service and sales partnership was established with the StBVS, which addresses tax advisors. The German clearing house has been a member of the German Factoring Association since the beginning of 2016. In the previous year, its members generated total sales of EUR 209 billion, which corresponds to a share of GDP of 6.9%.

At the beginning of 2008, Karl-Peter Winters became a member of the supervisory board , to which he was now chairman. Wilfried Frohnhofen is currently Chairman of the Supervisory Board.

Services

In addition to the pure pre-financing of outstanding fee claims, the factoring offer also includes full control of fee management through to dunning and judicial enforcement.

The company operates on the market with the brands AnwVS and KfzVS , which are aimed at lawyers and motor vehicle experts as target groups.

literature

  • Marc Kley: Seed investment ready for the stock market? - Deutsche Anwaltliche Verrechnungsstelle AG: several growth options , in: VentureCapital Magazin 5/2007, Special "Private Equity in North Rhine-Westphalia", p. 30.

Web links

Individual evidence

  1. ↑ a b DVS AG Fact Sheet. (PDF) German clearing house, accessed on February 2, 2017 .
  2. ^ Register announcement of January 6, 2015 , in: Unternehmensregister.de, last accessed on February 2, 2017.
  3. ↑ Simplification of the assignment of legal fees with the draft of the Legal Services Act . In: Kammer aktuell . No. 4 , December 2006, pp. 224 f .
  4. ↑ Marcus Creutz: New clearing house for lawyers' fees started . handelsblatt.de. January 26, 2005. Retrieved February 2, 2017.
  5. ↑ Marcus Creutz: Chamber takes action against collection agency for attorney's fees . handelsblatt.de. March 10, 2005. Retrieved February 2, 2017.
  6. ↑ Jörg Stronczek: advertising writing the German Bar Lichen Clearinghouse AG (AnwVS) to lawyers in the local chamber district . In: Chamber communications . No. 4 , December 2005, pp. 224 f .
  7. ↑ Judgment of the Cologne Regional Court of September 30, 2005 (Az. 81 O 77/05)
  8. ^ Judgment of the Cologne Higher Regional Court of February 3, 2006 (Az. 6 U 190/05)
  9. ↑ Legal advice: Legal monopoly is crumbling. In: n-tv.de. December 6, 2007, accessed February 2, 2017 .
  10. ^ Martin W. Huff: Selling the fee claim. (No longer available online.) In: FAZ.net . June 15, 2007, formerly in the original ; accessed on February 2, 2017 .  ( Page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.@1@ 2Template: Dead Link / www.faz.net  
  11. ↑ 55th meeting of fee officers of the bar associations. In: iww.de. August 7, 2007, accessed February 2, 2017 .
  12. ↑ Thomas Vetter: 2008 brings the legal profession the liberalization of professional law and the success fee . In: Berliner Anwaltsblatt . No. 1-2 , January 2008, pp. 15 .
  13. ^ Judgment of the Federal Court of Justice of April 24, 2008 (Az. IX ZR 53/07)
  14. ↑ Success for AnwVS: BGH confirms the clearing house's legal opinion . In: MAV-Mitteilungen . August 2008, p. 11 .
  15. ↑ Equity for North Rhine-Westphalian companies in the seed phase (PDF), in: Promote and Finance - Development Banks in Germany, Issue 2, March 2009, p. 15.
  16. ↑ German clearing house: German clearing house now member of the German Factoring Association. In: dvs.ag. February 15, 2016, accessed February 2, 2017 .
  17. ^ German Factoring Association eV: Deutsche Verrechnungsstelle AG, Cologne. In: factoring.de. Retrieved February 2, 2017 .
  18. ↑ Deutsche Factoring Bank: Annual Report 2015 (PDF), p. 5, accessed on February 1, 2017.
  19. ↑ eBundesanzeiger: Company Announcement German Attorney Clearinghouse AG (AnwVS) of 28 February, 2008.
  20. ↑ Imprint on dvs.ag ( Memento from March 20, 2016 in the Internet Archive )
  21. ↑ DVS Deutsche Verrechnungsstelle AG: Imprint of the website , accessed: August 16, 2017.