Chamber of Engineers - application for entry in the register of foreign companies (§ 15 ThürAIKG)

Service Description

In cases where a foreign company which has neither its registered office nor a branch in the Federal Republic of Germany and intends to move to Thuringia for the temporary or occasional provision of services, in the sense of the exercise of professional duties of an engineer or consulting engineer according to § 1 of the Thuringian Chamber of Architects and Engineers Act of 14.12.2016 (ThürAIKG) to Thuringia, this requires a prior notification of the first activity at the Chamber of Engineers Thuringia and, in the case of the use of the protected professional title "Engineer" and "Consulting Engineer" in the company or in the name of the foreign company, the presence of the requirements regulated in § 15 ThürAIKG.

In this respect, foreign companies, in the legal form comparable to a corporation, may only use the protected professional title "Consulting Engineer" in their company or name if the articles of association or the statutes contain at least regulations in accordance with the legal requirements of § 15 ThürAIKG. These include, in particular, that the purpose of the company is the exclusive, independent performance of freelance professional tasks within the meaning of § 1 para. 5-7 ThürAIKG, the majority of the capital, including the voting shares in the case of compulsory members, is held by the Chamber of Engineers, the majority of the persons appointed to the management or the executive board are compulsory members of the Chamber of Engineers, capital shares may not be held for the account of third parties and voting rights may only be transferred to compulsory members of the Chamber of Engineers, the transfer of capital and business shares is subject to the approval of the company and the existence of a professional liability insurance in accordance with the requirements of § 33 ThürAIKG is proven.

As far as an external company, in a legal form comparable to a partnership company, intends to use the professional title "Consulting Engineer" in its name, it is necessary that the object of this company at least partially includes the performance of professional tasks in the sense of § 1 of the ThürAIKG and that comparable requirements, as these are regulated for the registration of a partnership company in the register of companies according to § 10 para. 1 ThürAIKG, are met.

Should a foreign company, comparable to the legal form of a corporation, intend to use the protected professional title "engineer" in its company name or name, it is necessary that the majority of the persons appointed to the management or the board of directors use the professional title "engineer" in accordance with the requirements set out in

§ 4 (1) ThürAIKG and that the persons entitled to do so hold the majority of the capital and the voting shares.

In the case of an external company, which is comparable to a partnership company, it is necessary that at least one partner is entitled to use the professional title "engineer" in accordance with the prerequisites stipulated in § 4 Para. 1 ThürAIKG, in order to be allowed to use the title "engineer" in its name.

It should be noted that the foreign company must first notify the Chamber of Engineers of Thuringia in writing of its first activity in the Free State of Thuringia and, at the request of the Chamber of Engineers of Thuringia, must prove the existence of the requirements for the use of the professional title "Engineer" or "Consulting Engineer" in accordance with § 15 Paragraph 1 ThürAIKG.

Furthermore, it should be noted that the notification must be renewed once a year if the external company intends to provide further services in Thuringia. The Chamber of Engineers must also be informed immediately in writing of any significant changes to the circumstances reported and these changes must be documented.

The aforementioned notification is not required if the foreign company already has a corresponding valid certificate of registration of a chamber of architects or engineers of another federal state and can prove this upon request of the Chamber of Engineers.

Foreign companies that use the protected professional title "Consulting Engineer" in their company or name are to be entered in a special register of foreign companies at the Chamber of Engineers of Thuringia. Upon their application, they are to be issued a certificate of entitlement to use the professional title "Consulting Engineer", which is limited to one year. Upon application, the period may be extended by one year at a time.

Source: Zuständigkeitsfinder Thüringen (Linie6PLus)

Competent Authority

Ingenieurkammer Thüringen

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Gustav-Freytag-Str. 1
99096 Erfurt
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