Certified Specialist for Corporate Law
Only since 2011, have attorneys been allowed to acquire a third certified specialist title.
Attorney Leander J. Gast has passed all examinations in 2011; the formal awarding of the certified specialist title for commercial and corporate law took place on February 24, 2012.
There are a total of 51 specially certified attorneys for commercial and corporate law in Berlin, nationally there are 1033 (as of 1.1.2012, source German Federal Bar Association, Bundesanwaltskammer, BRAK-Mitt. 03/2012).
Prerequisites for the awarding of a certified specialist title is a three-year admission and activity within the last six years before application, Sec. 3 Certified Specialist Attorneys Code, (FAO).
The acquisition of special theoretical knowledge presumes as a rule that the applicant has participated in a special course for attorneys preparing for the certified specialist title, which comprises all relevant areas of this specialization. The total length of time muss at least comprise of 120 hours, Sec. 4 para. 1 Certified Specialist Attorneys Code, FAO.
In this case the applicant must have taken in at least three examinations (proctored tests) from various areas of his training course. A performance-check must last a least an hour and no longer than five hours. The total time of the successfully completed performance-check must not be less than fifteen hours, Sec. 4a Certified Specialist Attorneys Code, FAO.
Attorney Gast has passed all performance-checks for the certified specialist title for commercial and corporate law with the best grade of “very good”.
For the title certified specialist for trade and corporate law one must, according to Sec. 14f, demonstrate knowledge in the following areas:
- Substantive commercial law (mercantile law, commercial law, international commercial law, especially UN purchasing law),
- Substantive corporate law (especially partnership law, corporation law, international and European corporate/company law, transformation, basic elements of financial and tax law, basic elements of service contracts and co-determination law),
- Relations between commercial and corporate law and labor law, cartel law, handicraft and industrial law, inheritance and family law, bankruptcy and criminal law,
- Relations between stock companies and the acquisition of securities and mergers and acquisitions
- Peculiarities conducting a lawsuit.
The acquisition of especially practical experiences, according to Sec. para. 1 lit pi Certified Specialist Attorneys Code, FAO, presumes that the applicant in the last three years before application , has personally and free of instruction worked as an attorney in specific areas:
- 80 cases, which cover at least three various areas of Sec. 14i Nr. 1 and 2 Certified Specialist Attorneys Code, FAO,
- Of which at least 40 cases have been the object of judicial disputes, arbitration or mediation proceedings or the designing of corporate contracts or the establishment or transformation of corporations;
- Of these 40 cases, at least 10 must have been the object of judicial disputes, arbitration or mediation proceedings and at least 10 the designing of corporate contracts or the establishment or transformation of corporations;
- The importance, size and difficulties of individual cases can lead to another weighting, Sec. 5 para. 4 Certified Specialist Attorneys Code, FAO.
Particular theoretical and practical knowledge are to be demonstrated according to Sec. 6 FAO.
In order to demonstrate the theoretical and practical knowledge, the committee can use a subject-oriented conversation. However, it can also abstain from such conversation if the applicant is able to demonstrate his theoretical or practical knowledge by the overall appearance of submitted credentials Sec. 7 para. 1 Certified Specialist Attorneys Code, FAO.
Whoever carries the title of certified specialist must publish annually a scholarly article in this area or at least participate in further legal training for attorneys either in a teaching or listening capacity. The total length of the course should not be less than ten hours. This is to be furnished to the bar association of one’s own accord, Sec. 15 Certified Specialist Attorneys Code, FAO.
Leander J. Gast Attorneys at law
Berlin: Schumannstr. 18 | 10117 Berlin-Mitte | Phone: 030 240 47 66 | Fax: 030 240 476 71
Hamburg - since June 2013: Neuer Wall 10 | Ecke Jungfernstieg | 20354 Hamburg
Fon: 040 822 15 - 31 03 | Fax: 040 822 15 - 34 91