Service Finder
Chamber of Engineers - registration in the register of companies with consulting engineers (§ 9, § 10 ThürAIKG)
Service Description
The Chamber of Engineers of Thuringia, as a public corporation, has been assigned, among other things, the task of keeping a register of companies with consulting engineers, insofar as this is a corporation (e.g. GmbH, Aktiengesellschaft) or a partnership company (also partnership company with limited professional liability).
The entry in the company register is designed to ensure that the professional designations protected in the provisions of the ThürAIKG may only be used in the company name of a corporation and in the name of a partnership company if the prerequisites specified in the ThürAIKG are met and an entry has been made in the company register.
This serves to protect the confidence of the general public, including the interests of the client, and to create comparable conditions in the competitive relationship with natural professionals.
In contrast to natural professionals who have a protected professional title in the ThürAIKG and are a member of the chamber, such as "Consulting Engineer", companies do not become members of the Thuringian Chamber of Engineers by being entered in the register of companies.
With the registration in the register of companies it is ensured at the same time that the articles of association or the statutes meet the requirements specified in the ThürAIKG and that a sufficient professional liability insurance serving the interests of securing the existence and the consumer protection has been proven by the company.
In this context, it is of essential importance that the performance of professional duties within the meaning of § 1 ThürAIKG is included as an object in the provisions of the partnership agreement or the articles of association and that the professional titles used correspond to the company name or the name of the partnership.
The entry in the register of companies of the Chamber of Engineers of Thuringia is equivalent to an entry in a corresponding register of companies of a Chamber of Architects or Chamber of Engineers of another state, as far as the company has neither its registered office nor a branch in Thuringia.
Process flow
You can submit your application electronically via the portal of the Thuringian Application System for Administrative Benefits (ThAVEL). This free service of the Free State of Thuringia provides the necessary documents for the administrative benefit selected here on a virtual desk. Step-by-step instructions will help you with the application process. If you have any questions, please contact the responsible staff of the Chamber of Engineers of Thuringia directly.
Application forms can be found at www.ikth.de, menu item "Members - Become a member".
The documents can be filled out barrier-free.
After the application has been submitted, the Thuringian Chamber of Engineers will confirm receipt of the application, including the submitted evidence, to the applying company within one month and, if necessary, inform the company which evidence is still missing and must be submitted later.
A decision on the application will be made within three months of receipt of the complete supporting documents at the latest, although this period may be extended by a further month.
As a result of the examination to be carried out by the registration committee of the Thuringian Chamber of Engineers regarding the existence of the legal requirements for registration in the register of companies, the company submitting the application will be notified accordingly. The decision made therein constitutes an administrative act.
The documents submitted by the applicant company with the application remain with the Thuringian Chamber of Engineers and are archived there.
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@ikth.de
Competent authority
Chamber of Engineers Thuringia
Requirements
The registration of a company in the register of companies to be kept at the Chamber of Engineers Thuringia requires, in addition to a written application, depending on the legal form of the company, the existence of the following requirements:
in the case of a corporation
- the company has its registered office or a branch in Thuringia;
- the conclusion of a professional liability insurance in accordance with § 33 ThürAIKG;
- the articles of incorporation or bylaws contain provisions as follows:
- the object of the company, which exclusively includes the autonomous and independent performance of freelance professional tasks in accordance with § 1 Para. 5 to 7 ThürAIKG, which correspond to the professional title listed in the company name
- the majority of the capital and the voting shares among the shareholders are held by compulsory members of the Chamber of Engineers according to § 21 para. 3 no. 1 ThürAIKG as well as the majority of the persons appointed to the management or the board of directors are compulsory members whose professional title is listed in the company and it is further guaranteed that the company is responsibly managed by them,
- the 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 or companies entitled to hold shares in the company,
- in the case of a joint-stock company or a partnership limited by shares, the shares are registered,
- the transfer of capital and business shares is subject to the consent of the Company;
4. the existence of an application or registration of the corporation in the Commercial Register kept at the competent
Commercial Register kept at the competent registry court.
In the case of a partnership company:
- the company has its registered office or a branch office in Thuringia;
- at least one partner of the partnership is entitled to use a protected professional title pursuant to § 3 Para. 1, Para. 2 or Para. 5 ThürAIKG;
- the object of the partnership company is, at least in part, the performance of freelance professional tasks within the meaning of § 1 ThürAIKG,
- the existence of an application or registration of the partnership company in the partnership register kept at the competent register court;
- Conclusion of and proof of professional liability insurance in accordance with the provisions regulated for partnership companies or partnership companies with limited professional liability pursuant to § 33 and § 10 Para. 2 ThürAIKG.
Notwithstanding the aforementioned provisions of the partnership agreement or the articles of association, shares in the company may also be held by companies whose partnership agreement or articles of association equally comply with the aforementioned provisions.
The registration committee of the Thuringian Chamber of Engineers decides on the application for registration in the register of companies (§ 26 para. 2 ThürAIKG).
Which documents are required?
The following documents must be submitted for registration in the register of companies:
- fully completed application documents (basic application) including Annex 5 (technical sheet for registration in the register of companies with consulting engineers)
- officially certified copy of the partnership agreement or the articles of association
- Proof of registration or entry in the commercial register or partnership register
- Proof of the authorization of the aforementioned shareholders/managing directors or partners to use the professional title protected in the ThürAIKG (consulting engineer, architect, etc.) by submitting certified copies/copies of official confirmations (list entries in another federal state) or degrees (e.g. diploma, bachelor's and/or master's certificates and degree certificate)
What are the fees?
For the processing of the application for registration in the register of companies at the Chamber of Engineers Thuringia, the application fee is € 300.00.
After receipt of the application, the Chamber of Engineers Thuringia will issue a cost notice. Only after payment of the cost amount the application can be processed further.
The legal basis for the collection of costs is the cost regulation of the Chamber of Engineers Thuringia from 26.10.2017.
What deadlines do I have to pay attention to?
Since the authorization to use a protected professional title of the company of a corporation as well as in the name of a partnership company requires the entry in the register of companies kept at the Chamber of Engineers of Thuringia, an application is required immediately after the registration or entry has been made.
Processing duration
The registration committee of the Thuringian Chamber of Engineers decides on the registration in the register of companies with consulting engineers according to § 9, § 10 ThürAIKG according to § 26 ThürAIKG within three months after receipt of the complete documents. The deadline may be extended once by up to one month in individual cases if this is justified due to the special features of the matter.
Applications / forms
An action against a decision of the Chamber of Engineers of Thuringia may be brought before the administrative court responsible for the registered office of the company within one month of its receipt, in writing or for the record of the clerk of the administrative court.
Preliminary proceedings or opposition proceedings do not take place.
Appeal
You can find them at www.ikth.de, menu item "Become a member".
The documents can be filled out barrier-free.
The Thuringian Application System for Administrative Services (ThAVEL) provides you with the necessary application document on a virtual desk.
https/www.ikth.de/service/antraege
What else should I know?
The entry of a corporation in the register of corporations is to be deleted pursuant to Section 13 (4) ThürAIKG if:
- the company no longer exists;
- the company has requested this in writing to the chamber (waiver);
- the protected professional title is no longer used in the company's name;
- the requirements for registration have not been met or are no longer met;
- the company has fallen into financial collapse (Section 12 (2) No. 1 ThürAIKG);
- facts have occurred or become known after the registration which would have to lead to the refusal of registration in a registration procedure pursuant to Section 12 (3) sentence 1 ThürAIKG;
- the deletion of the registration has been recognized without appeal in honorary proceedings.
The entry of a partnership company in the company register must be deleted if the entry of one of the partners has been deleted in accordance with § 13 ThürAIKG and no other partner in the partnership company is entitled to use the professional titles protected in accordance with § 3 ThürAIKG (§ 10 Paragraph 3 ThürAIKG).
Furthermore, the grounds for deletion listed above for the corporation also apply to the deletion of the partnership company.
Author
The text was automatically translated based on the German content per DeepL.
Technically approved by
Chamber of Engineers Thuringia
Professionally released on
23.04.2020
Source: Zuständigkeitsfinder Thüringen (Linie6PLus)
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