Service Finder
Chamber of Engineers - Application for entry in the list of external companies (§ 15 ThürAIKG)
Service Description
In cases in which a foreign company that 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 exercising the professional duties of an engineer or consulting engineer in accordance with Section 1 of the Thuringian Chamber of Architects and Engineers Act of 14.12.2016 (ThürAIKG) to Thuringia, this requires prior notification to the Thuringian Chamber of Engineers of the first-time activity and, in the case of using the protected professional title "Engineer" and "Consulting Engineer" in the company name or in the name of the foreign company, the existence of the requirements regulated in § 15 ThürAIKG.
In this context, external companies with a legal form comparable to that of a corporation may only use the protected professional title "Consulting Engineer" in their company or name if the articles of association or statutes at least contain provisions in accordance with the legal requirements of Section 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 Section 1 (5-7) ThürAIKG. 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 board are compulsory members of the Chamber of Engineers, capital shares are not 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 professional liability insurance in accordance with the requirements of Section 33 ThürAIKG is proven.
If a foreign 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 includes, at least in part, the performance of freelance professional tasks within the meaning of § 1 of the ThürAIKG and that comparable requirements as those regulated for the registration of a partnership company in the company register pursuant to § 10 para. 1 ThürAIKG are met.
If a foreign company with the legal form of a corporation intends to use the protected professional title "engineer" in its company name or name, it is necessary for the majority of the persons appointed to the management or board of directors to have the professional title "engineer" in accordance with the requirements set out in
§ 4 para. 1 ThürAIKG and that the persons authorized to do so hold the majority of the capital and 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 authorized to use the professional title "engineer" in accordance with the requirements set out in § 4 Para. 1 ThürAIKG in order to be allowed to use the title "engineer" in their name.
It should be noted that the foreign company must first notify the Thuringian Chamber of Engineers in writing of its first activity in the Free State of Thuringia and, at the request of the Thuringian Chamber of Engineers, must prove that the requirements for using the professional title "engineer" or "consulting engineer" have been met in accordance with Section 15 (1) ThürAIKG.
It should also 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 and documented of any significant changes to the circumstances notified.
The aforementioned notification is not required if the foreign company already has a corresponding valid certificate of registration from a chamber of architects or engineers in another federal state and can provide evidence of this to the Chamber of Engineers on request.
Foreign companies that use the protected professional title "Consulting Engineer" in their company or name must be entered in a special register of foreign companies at the Thuringia Chamber of Engineers. Upon application, they shall be issued with a certificate of authorization 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.
Process flow
Foreign companies can submit their notification of first-time activity as a foreign service provider and their application for entry or registration in the list of foreign companies electronically via the Thuringian Application System for Administrative Services (ThAVEL) portal. This free service of the Free State of Thuringia provides the necessary documents for the administrative service selected here on a virtual desktop. A step-by-step guide will help you with your application. Questions can be addressed directly to the responsible employees of the Thuringia Chamber of Engineers.
The relevant forms can be found at www.ikth.de, menu item "Become a member".
The documents can be filled out barrier-free.
Who should I contact?
Please contact the Thuringia Chamber of Engineers.
Requirements
An application and notification requires that the foreign company submitting the application has neither its registered office nor a branch in Germany and is traveling to Thuringia for the temporary or occasional provision of services within the meaning of the professional duties under Section 1 ThürAIKG .
Which documents are required?
After submission of a corresponding application for initial activity and/or application for entry in the list of external companies, the following documents must be submitted to the Thuringia Chamber of Engineers on request, unless the relevant documents have already been sent to the Thuringia Chamber of Engineers:
- Identity card/passport or passport of the representative of the company,
- A copy of the articles of association or statutes,
- Proof of registration of the company with the competent registry court of the EU member state or a state with equivalent status,
- Proof of the existence of a comparable authorization of shareholders or of the company to use the professional title "engineer" and/or "consulting engineer",
- Proof that a comparable professionally qualifying university degree had to be proven in the country in which the company is established for the activity as a "consulting engineer" and that at least three years of professional practice in the sense of the professional tasks of a "consulting engineer" were subsequently acquired,
- Proof of professional liability insurance in accordance with § 33 ThürAIKG.
What are the fees?
A fee of € 150.00 is charged for processing the application for entry in the register of foreign companies with a validity of one year and a fee of € 300.00 is charged for examining the application for entry in the procedure before the registration committee.
Additional costs of € 20.00 are incurred if further documents are required and € 200.00 for each further meeting of the Registration Committee without hearing the representative of the applicant foreign company or € 300.00 with a hearing.
The legal basis for charging fees is the cost regulations of the Thuringian Chamber of Engineers dated October 26, 2017, in accordance with the provisions of Section 2 (1) g), (2) c) and (5) a).
What deadlines do I have to pay attention to?
It should be noted that prior to the first activity in the sense of a temporary or occasional provision of services of professional tasks of an "engineer" or "consulting engineer" in the Free State of Thuringia, a written notification and, in the case of the intended use of the protected professional titles "engineer" or "consulting engineer", a corresponding application must be submitted to the Thuringian Chamber of Engineers.
Processing duration
Once the application and notification have been submitted, the Chamber of Engineers of Thuringia will confirm receipt of the application or notification, including the evidence submitted, to the external company within one month and, if applicable, inform the company which evidence is still required and requested.
A decision on the application will be made no later than three months after receipt of the complete supporting documents; the deadline may be extended by one month.
The registration committee of the Thuringian Chamber of Engineers is responsible for decisions on the application in accordance with Section 26 (2) ThürAIKG. The external company will be notified of the decision.
The documents submitted by the external company with the application and notification remain with the Thuringia Chamber of Engineers and are archived there.
Applications / forms
An appeal against a decision of the Thuringia Chamber of Engineers may be lodged with the competent administrative court in writing or for the record of the clerk of the administrative court within one month of receipt of the decision. There are no preliminary proceedings or appeal proceedings.
Appeal
These can be found at www.ikth.de, menu item "Members - Become a member".
The documents can be completed without barriers.
The Thuringian application system for administrative services (ThAVEL) provides you with the necessary notification and application documents on a virtual desktop https://www.ikth.de/service/antraege.
Author
The text was automatically translated based on the German content.
Technically approved by
Thuringia Chamber of Engineers
Professionally released on
15.05.2020
Source: Zuständigkeitsfinder Thüringen (Linie6Plus)
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