Service Finder
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.
Process flow
Foreign companies can submit their notification of initial activity as a foreign service provider and their application for entry or registration in the register of foreign companies electronically via the portal of the Thuringian Application Systems for Administrative Services (ThAVEL). This free service of the Free State of Thuringia provides the necessary documents for the administrative service selected here on a virtual desk. Step-by-step instructions will help you with the application process. You can address questions directly to the responsible staff of the Chamber of Engineers of Thuringia.
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:
Chamber of Engineers Thuringia
Gustav-Freytag-Str. 1
99096 Erfurt
Telephone: (0361) 228730
Fax: (0361) 22873-50
E-Mail: info(at)ikth.de
Requirements
An application as well as notification requires that the applying foreign company has neither its registered office nor a branch office in Germany and moves to Thuringia for the temporary or occasional provision of services in the sense of the professional tasks according to § 1 ThürAIKG .
Which documents are required?
After presentation of a corresponding application for the first activity and/or the application for entry in the register of foreign companies, the following documents must still be presented upon request of the Chamber of Engineers Thuringia, as far as corresponding documents have not already been sent to the Chamber of Engineers Thuringia:
- Identity card/passport or passport of the representative of the company,
- A copy of the articles of association or the articles of incorporation,
- Proof of registration of the company with the competent registry court of the EU member state or an equivalent state,
- Proof of the existence of a comparable authorization of shareholders or of the company to use the professional title "engineer" and/or "consulting engineer",
- Evidence that in the state in which the company is established, a comparable professionally qualifying university degree of a course of study had to be proven for the activity as a "Consulting Engineer" and that thereafter at least three years of professional experience in the sense of the professional tasks of a "Consulting Engineer" have been acquired,
- Proof of the conclusion of a professional liability insurance in accordance with § 33 ThürAIKG.
What are the fees?
A fee of €150.00 is charged for processing the application for registration in the register of foreign companies valid for one year, and a fee of €300.00 is charged for examination of the application for registration in the proceedings before the Registration Committee.
Further costs are incurred if additional documents are required in the amount of €20.00 and for each additional meeting of the Registration Committee without hearing the representative of the applicant foreign company in the amount of €200.00 or with hearing in the amount of €300.00.
The legal basis for charging fees is the cost regulations of the Thuringian Chamber of Engineers dated 26.10.2017, in accordance with the specifications under § 2 para. 1 g), para. 2 c) and para. 5 a).
What deadlines do I have to pay attention to?
It should be noted that before 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 title "engineer" or "consulting engineer", a corresponding application is made to the Chamber of Engineers of Thuringia.
Processing duration
After successful application and notification, the Thuringian Chamber of Engineers confirms to the external company, within one month, the receipt of the application or the notification including the submitted evidence and informs, if necessary, which evidence is still necessary and required.
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 § 26 Para. 2 ThürAIKG. The external company will be informed about the decision.
The documents submitted by the external company with the application and notification remain with the Thuringian Chamber of Engineers and are archived there.
Applications / forms
An action against a decision of the Chamber of Engineers of Thuringia may be brought before the competent administrative court within one month of its receipt, either in writing or on the record of the clerk of the administrative court. Preliminary proceedings or opposition proceedings do not take place.
Appeal
These can be found at www.ikth.de, menu item "Members - Become a member".
The documents can be filled out barrier-free.
The Thuringian Application System for Administrative Services (ThAVEL) provides you with the necessary notification and application document on a virtual desk https://www.ikth.de/service/antraege.
Author
The text was automatically translated based on the German content per DeepL.
Technically approved by
Chamber of Engineers Thuringia
Professionally released on
15.05.2020
Source: Zuständigkeitsfinder Thüringen (Linie6PLus)
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Competent Authority
Ingenieurkammer Thüringen
Address
99096 Erfurt
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