Specialist lawyer for commercial and corporate law
The specialist lawyer for commercial and company law was introduced by the 5th constitutional assembly of the Federal Bar Association (BRAK) on November 7, 2005 with effect from July 1, 2006. Lawyers can acquire this title if they have appropriate technical knowledge according to § 14i of the specialist lawyer regulations (usually by successfully passing a so-called specialist lawyer course) and a knowledge according to § 5 para. 1 lit. p FAO can provide evidence of the minimum number of cases actually processed. In the context of the so-called case list, various areas must be covered in order to ensure practical experience on a broad basis.
According to § 14 i of the Fachanwaltsordnung (FAO) special knowledge in commercial and company law in the following areas must be proven:
- 1. Substantive commercial law
- a) Law of the commercial status (§§ 1–104 HGB),
- b) Law of commercial transactions (§§ 343–406 HGB)
- c) international sales law , in particular UN sales law.
- 2. Substantive company law , in particular
- a) the law of partnerships ,
- b) the law of corporations ,
- c) international company law , in particular the basics of European company law and the European stock corporation ,
- d) Group law , in particular the law of affiliated companies,
- e) conversion law,
- f) Principles of accounting and tax law ,
- g) Basics of service contract and co-determination law .
- 3. References of commercial and company law to labor law , antitrust law , craft and trade law , inheritance and family law as well as insolvency and criminal law as well as references to the law of stock corporations on securities acquisition and takeover law.
- 4. Special features of procedure and litigation.
The approval of the board of directors of the respective bar association to use the title of specialist lawyer is preceded by an examination by a specialist committee. This examines the application and recommends a decision to the board in the form of a vote. Many technical committees issue leaflets and sample lists of cases in preparation for the application. B. the Frankfurt am Main Bar Association: information sheet and sample case list. Since the specialist lawyer regulations have to be interpreted in many areas, it is advisable to study such information sheets and to use the sample case lists of the respective bar association in order to speed up the application process.
statistics
As of January 1, 2017, 1,656 lawyers will be holding the title of specialist lawyer for commercial and corporate law.
Individual evidence
- ^ [1] Leaflet RAK Frankfurt am Main
- ↑ Sample case list RAK Frankfurt am Main
- ↑ BRAK specialist lawyer statistics as of January 1, 2017
