Public registers and data banks

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Compliant with section 14 of the aircraft admission regulation (Luftverkehrs-Zulassungsordnung, LuftVZO), planes, helicopters, airships, power gliders, sailplanes and manned balloons are to be registered at the aircraft admission office of the federal aviation administration. Microlight aircrafts are registered at the aviation sport register (Luftsportgeräteregister). This applies to hang-gliders and gliders on request.

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A non-profit association can be registered at the register of associations of the respective district court, according to section 21 of the civil law code (Bürgerliches Gesetzbuch, BGB).

The register can be accessed through the cross-state platform, which is run by the state of Nordrhein-Westfalen.

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The electronic business register is run by the Ministry of Justice and helps research on business relevant data that were published via Federal gazette (Bundesanzeiger). Every enterprise that is listed in the commercial register, the cooperative register or partnership register will automatically be added to the business register without the assistance of said enterprise. This results from section 8b of the commercial code (Handelsgesetzbuch).

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In the central execution platform of the federal states, nationwide data of the lists of debtors can be purchased for accessing, as per sections 882b et seqq. Code of Civil Procedure (Zivilprozessordnung, ZPO). Additionally the information from the debtor on his assets can be given, as per section 802k paragraph 2 of the Code of Civil Procedure.

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The chimney sweeper register lists licenced freelancing chimney sweepers, as per section 3 of the profession rights and provisions of the chimney sweeper craft (Schornsteinfeger-Handwerksgesetz, SchfHwG).

Essential activities in the chimney sweeper craft can only be executed if registered to the register of qualified craftsmen or if requirements according to sections 7-9 of the “EU/EWR-Handwerkverordnung”, by December 2007, are fulfilled.

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The commercial register is a public directory that lists signed in merchants and associations. It serves a purpose for publication, evidence, supervision and protection. Principally every merchant, open trading company, limited partnership, limited liability company or stock companys is obligated to notify their business name, their authorised person to represent, their place of business and their national address in the court of their region.

This results for merchants from section 29, for Open trading company from section 106, for limited partnerships from section 162 paragraph 1 and section 161 paragraph 2 including section 106 of the commercial code (Handelsgesetzbuch, HGB). For limited liability companies this results from section 7 of the law for limited liability companies and for stock companies from section 36 of the stock company act. The register can be accessed through the cross-state platform, which is run by the state of Nordrhein-Westfalen.

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A cooperative is a union of natural persons and/or juristic persons who are working together professionally. The statutes and the members of the board are required to register at the court of their region electronically. This arises from sections 10, 11 and 14 of the cooperative law (Genossenschaftsgesetz, GnG) and from the regulation on cooperative registers (Genossenschaftsregisterverordnung, GenRegV).

The register can be accessed through the cross-state platform, which is run by the state of Nordrhein-Westfalen.

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The independent execution of a free craftsmanship or a craft-like trade as a standing enterprise has to be registered at the chamber of crafts, according to section 18 paragraph 1 of the crafts code (Handwerksordnung).

As per section 19 of the crafts code (Handwerksordnung), every chamber of skilled crafts runs a directory in which holders of a free craftsmanship enterprise or of a craft-like trade are listed. Information can be obtained if an eligible interest can be proved.

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The joined judiciary online platform of the state and the federal states, run by the Ministry of Justice and the state ministries of justice, allows an easy access to e-justice services and information. Insolvency courts publish official statements once insolvency proceedings have been applied at court. This results from section 9 of the German insolvency statute (Insolvenzordnung) as well as the regulation on publishing insolvency notifications on the internet (Verordung zu öffentlichen Bekanntmachungen in Insolvenzverfahren im Internet).

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State justice authorities run the legal services register. The platform divides into two sections: Registration and prohibition. For registration, notifications on collection services, pension advice, legal services under foreign law and registered authorisation holders are published. These legal services can only be executed by licenced expert witnesses, as per section 10 of the legal service law (Rechtsdienstleistungsgesetz, RDG).

Section prohibition lists people that are banned from executing legal services. Prohibition usually results when unqualified legal services have proven adverse for their clients or for other legal dealings.

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As per section 12 paragraph 4 of the federal lawyer regulation (Bundesrechtsanwaltsordnung) the activity as a “lawyer” will only be permitted after an approval process. The chamber of lawyers is responsible in approving these licences and will hand out a certificate for validation. Lawyers will automatically become members of the chamber of lawyers.

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A partnership is a form of association in which affiliates of independent professions (such as notaries, lawyers, doctors, architects) work as a cooperation. The addition of “partnership” or “and partner(s)” in association titles can only be used if it is registered at court of their respectable region.

The register can be accessed through the cross-state platform, which is run by the state of Nordrhein-Westfalen. The registration process results from the partnership association law (Partnerschaftsgesellschaftsgesetz), as well as from section 106 paragraph 1 and section 108 of the commercial code (Handelsgesetzbuch).

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Public accountants professionally carry out economical examinations, in particular annual financial statements of economic enterprises and they certify the act and the result of these examinations. Public accountants are publically appointed. The appointment demands a verification of personal and professional skills through admission procedure and public validation procedure.

The chamber of public accountants administers a register of profession for public accountants and their associations in German. The register is publically available for everyone with online access. Records and deletions will be executed by the chamber.

The license for examinations as a public accountant are based on regulations of professional conduct for public accountants (Wirtschaftsprüferordnung), effective since 1961.

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Tax accountants, tax agents and tax accountant associations are permitted to offer commercial service for taxation, according to section 3 of the tax accountant law (Steuerberatungsgesetz, StBerG). The profession register is administrated by the chamber of tax accounters. The registration process and the duty to report result from the sections 45 et seqq. of the realisation of the regulation of tax accountants, tax agents and tax accountant associations act (Verordnung zur Durchführung der Vorschriften über Steuerberater, Steuerbevollmächtigte und Steuerberatungsgesellschaften, DVStB).

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Every chamber of commerce and industry runs a register of insurance intermediaries, insurance advisers and investment brokers. State law settles the local jurisdiction. The purpose of this register is to ensure that investors and insurance undertakings can verify licenses for insurance intermediaries, insurance advisers and investment brokers. Transparency and consumer protection can be assured that way. Enterprise data of the insurance intermediaries , insurance advisers and investment brokers can be viewed publically. It is prohibited to use this data for profit.

The registry administration runs with the help of the Association of German Chambers of Commerce and Industry (Deutscher Industrie- und Handelskammertag, DIHK).

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To run an independent skilled craft business, a registration according to section 1 paragraph 1 of the crafts code (Handwerksordnung) is required.

According to section 6 of the crafts code, every chamber of skilled crafts is obligated to run a register on holders of skilled crafts businesses in their region. Information can be obtained if an eligible interest can be proved.

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The trade register contains all independent firms of an existing business. The senior mayors (mayors) of the independent cities, heads of office or the mayors of municipals in the state of Mecklenburg-Vorpommern are in charge of these registers. Registration, changes and deregistration of businesses, an affiliate or sub-office require notification towards their authorities. The business register is not public. In case of prima facie evidence of legal interest, information can be obtained.

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As per section 13 paragraph 1 clause 1 of the architect and engineer law Mecklenburg-Vorpommern (Architekten- und Ingenieurgesetz des Landes Mecklenburg-Vorpommern, ArchInG MV), the job titles „architect“, “interior architect” or “landscaper” can only be used if the association is listed in the special directory of the architect chamber or if they are approved as a foreign association, as per section 14 of the architect and engineer law. As per registration the association becomes a member of the chamber of architects.

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People who neither live nor work in Mecklenburg-Vorpommern can use the job titles „architect“, “interior architect”, “landscaper” or “urban planner” without being listed at the chamber of architects, as per section 3 of the architect and engineer law Mecklenburg-Vorpommern (Architekten- und Ingenieurgesetz des Landes Mecklenburg-Vorpommern, ArchInG MV), if they meet the requirements of sections 3 and 4 of the architect and engineer law . Those who independently run their enterprise as a non-resident will carry the additional title “freelancer”.

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As per section 2 paragraph 1 clause 1 of the architect and engineer law Mecklenburg-Vorpommern (Architekten- und Ingenieurgesetz des Landes Mecklenburg-Vorpommern, ArchInG MV) the job titles „architect“, “interior architect” or “landscaper” can only be used if the association is listed in the list of architects at the architect chamber or if they are approved as per section 3 of the architect and engineer law. Those who independently run their enterprise will carry the additional title “freelancer”.

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As per section 66 paragraph 2 of the building regulation of Mecklenburg-Vorpommern (Landesbauordnung Mecklenburg-Vorpommern), specific building projects require fire prevention verification of a licenced beneficiary who is listed in a list of fire prevention planners at a chamber of architects.

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As per section 2 paragraph 1 clause 2 of the architect and engineer law Mecklenburg-Vorpommern (Architekten- und Ingenieurgesetz des Landes Mecklenburg-Vorpommern, ArchInG MV) the job title “urban planner” can only be used if the person is listed in the list of urban planners of the chamber of architects. Those who independently run their enterprise will carry the additional title “freelancer”.

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As per section 66 paragraph 2 of the building regulation of Mecklenburg-Vorpommern (Landesbauordnung Mecklenburg-Vorpommern), specific building classes and further building works require a stability verification by an architect or building engineer with professional experience in framework planning, who is also listed at the architect chamber of Mecklenburg-Vorpommern.

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The job title “counselling engineer“ can only be used by those listed and licenced at the chamber of engineers, as per section 6 paragraph 2 of the architect and engineer law Mecklenburg-Vorpommern (Architekten- und Ingenieurgesetz des Landes Mecklenburg-Vorpommern, ArchInG MV). The required listing results from section 6 of the architect and engineer law Mecklenburg-Vorpommern.

A non-resident counselling engineer is required to register at the chamber of engineering prior to their service delivery, as per section 7 paragraph 3 clause 2 of the architect and engineer law Mecklenburg-Vorpommern (Architekten- und Ingenieurgesetz des Landes Mecklenburg-Vorpommern, ArchInG MV).

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The job title „consulting engineer“ can be used by enterprises if they are listed in a special directory of the chamber of engineers Mecklenburg-Vorpommern, as per section 13 paragraph 1 clause 2 of the architect and engineer law Mecklenburg-Vorpommern (Architekten- und Ingenieurgesetz des Landes Mecklenburg-Vorpommern, ArchInG MV). The registration does not lead to a membership in the chamber of engineers.

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As per building regulation of Mecklenburg-Vorpommern (Landesbauordnung Mecklenburg-Vorpommern, LBauO MV), alterations on buildings in cases require a registration. These alterations are required to be properly documented and signed by building documentation beneficiaries. These beneficiaries can either be:

• those approved the title “architect”
• those listed as a building documentation engineer at the chamber of engineers Mecklenburg-Vorpommern or listed at a chamber in another state.
• those approved of the title “interior architect”
• those approved of the title “engineer” and being active in the field of architecture, building construction or building engineering and being attendant to a juristic person of a public cooperation.

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Expert witnesses on earthworks and foundation engineering testify the accuracy of information on subsoil regarding its chemical composition, structure and geological influences that can have an influence on the weight capacity etc. of the physical structure. These expert witnesses do not hold any official duties.

Those not licenced for surveying earthworks and foundation engineering, cannot use the title expert witness.

The chamber of engineering Mecklenburg-Vorpommern approves of these licences for expert witnesses.

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Testing engineers execute general building inspectorate approvals, as per building regulation of Mecklenburg-Vorpommern (Landesbauordnung Mecklenburg-Vorpommern). Those not licenced for test engineering can not use the title “testing engineer”.

The building control authority approves of applications for testing engineers.

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Expert witnesses examine and certify technical systems and/or facilities as commissioned by their client, as per building regulation of Mecklenburg-Vorpommern (Landesbauordnung Mecklenburg-Vorpommern, LBauO MV). These expert witnesses do not hold any official duties.

Those not licenced for surveying technical systems and facilities, cannot use the title expert witness, as per section 8 of the testing engineer and expert witness regulation (Prüfingenieure- und Prüfsachverständigenverordnung, PPVO).

The chamber of engineering Mecklenburg-Vorpommern approves of these licences for expert witnesses.

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As per section 66 of the building regulation of Mecklenburg-Vorpommern (Landesbauordnung Mecklenburg-Vorpommern, LBauO MV), certain building projects require fire prevention planning designed by engineers for fire prevention planning who are licenced and listed at the chamber of engineers Mecklenburg-Vorpommern.

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As per section 66 of the building regulation of Mecklenburg-Vorpommern (Landesbauordnung Mecklenburg-Vorpommern, LBauO MV), specific buildings and physical structures require stability verification attested by structural engineers or architects experienced in building stability. These engineers or architects must have worked in this field for at least three years and must be listed at the chamber of engineers Mecklenburg-Vorpommern. As per section 10 paragraph 1 of the architect and engineer law Mecklenburg-Vorpommern (Architekten- und Ingenieurgesetz des Landes Mecklenburg-Vorpommern, ArchInG MV) of 2009, those licenced for structural engineering are approved to appear in the list.

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As per section 15 of the architect and engineer law Mecklenburg-Vorpommern (Architekten- und Ingenieurgesetz des Landes Mecklenburg-Vorpommern, ArchInG MV), engineers who have lived or worked in Mecklenburg-Vorpommern for two years, can be listed as voluntary members of the chamber of engineering.

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Testing engineers are licenced to testify in their field of expertise, as per building regulation of Mecklenburg-Vorpommern (Landesbauordnung Mecklenburg-Vorpommern, LBauO MV). Those not licenced can not use the job title “testing engineer”.

The validation process results from section 10 of the testing engineer and expert witness regulation (Prüfingenieure- und Prüfsachverständigenverordnung, PPVO). The supreme building control authority approves of applications for testing engineer licences.

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A building product can only enter the market if it carries the CE marking, as per regulation no 765/2008 of the European Parliament.

Authorities on inspection, monitoring and certification may be required to ensure correct manufacturing for building products. These authorities need to be acknowledged as per building regulation of Mecklenburg-Vorpommern (Landesbauordnung Mecklenburg-Vorpommern) or the building project act (Bauproduktengesetz). As neutral actors, these authorities exercise original inspections federally. They also inspect the running productions and certify products. Conformity audits in Europe may include random sample tests, first inspections for factories and their distinct production quality assurance as well as certifications. Each state is responsible of approving of these authorities in inspection, monitoring and certification. The building regulation (Landesbauordnung) of Mecklenburg-Vorpommern regulates this process.

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All veterinarians residing and or working in Mecklenburg-Vorpommern are compulsory members of the state chamber of veterinarians. As per sections 10, 11 of the medical professions of Mecklenburg-Vorpommern, every member of the chamber is obligated to sign up for the required information.

Members of the chamber are allowed to use job titles and further job descriptions that indicate knowledge in specific fields if they gained experience in these before.

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As per section 64 of the federal mining act (Bundesberggesetz, BBergG), the mine plans required for underground exploration or extraction operations should be prepared and updated by a mine surveyor approved by the competent authority.

The preparation and update of underground operations can only be executed by officially approved mine surveyors.

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Plant protection equipment for grain cultivation (etc.) or vineyard cultivation (etc.) are required to be regularly approved by authorities or by those approved to examine the equipment. The examination can only be executed by officially approved controlling workshops.

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As per section 1 of the public appointment and oath administration of interpreters and translators (Gesetze über die öffentliche Bestellung und allgemeine Beeidigung von Dolmetschern und Übersetzern, DolmG M-V) from January 1993, interpreters and translators are required to be publically appointed and put on oath if serving for speech transmissions, sign language transmissions, official and notarial work. The president of the higher regional court in Rostock publically appoints and administers an oath to interpreters and translators.

Interpreters or translators are approved to use the job title „publically appointed and sworn interpreter/translator for … (appointed language)”. The directory that lists interpreters and translators is recorded electronically at the higher regional court Rostock and can be accessed by anyone. The personal data of interpreters and translators on the internet will only be published if the interpreters approve of such, as per section 7 paragraph 1 page 3 of the public appointment and oath administration of interpreters and translators.

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