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The public appointment and swearing-in can be obtained in an administrative procedure at the Chambers of Industry and Commerce.
Public appointment and swearing-in is the public-law and legally protected distinction provided for in Germany for particularly qualified and trustworthy experts in the fields of business. It can be obtained by providing proof of the requirements in accordance with Section 36 of the Trade, Commerce and Industry Regulation Act in an administrative procedure at the Chambers of Industry and Commerce.
The purpose of the public appointment is to provide courts, authorities and the public with particularly knowledgeable and personally suitable experts whose statements are particularly credible.
The public appointment includes the provision of expert opinions and other expert services such as consulting, monitoring, testing, issuing certificates as well as arbitration and arbitration-related activities.
The rights and obligations of publicly appointed experts are primarily regulated in the expert regulations of the Chambers of Industry and Commerce (IHK).
Publicly appointed and sworn experts can be recognized by the legally protected designation "publicly appointed and sworn". The chambers of industry and commerce award the experts a round stamp and issue an expert certificate.
According to § 36 of the Trade, Commerce and Industry Regulation Act, you can be publicly appointed and sworn in as an expert if
Foreign certificates of training, qualifications and other credentials will be taken into account in the administrative procedure. They must be submitted in German.
In addition, experts with qualifications from a member state of the European Union or another signatory state to the Agreement on the European Economic Area may be publicly appointed if the expert has already proven his expertise there for a specific subject area, which is essentially comparable, or if he has worked full-time as an expert for two of the last ten years and the evidence submitted shows that the expert essentially has the special expertise.
in particular on the authorization to use any academic titles and degrees or other professional titles (proof by submission of a certified copy or by simultaneous submission of the originals)
for submission to an authority not older than three months
If applicable, further documents, such as papers, publications, essays, scientific papers or studies, lectures, etc., from which the "special expertise" to be demonstrated and the ability to provide expert opinions can be derived. If the professional appointment requirements stipulate further requirements, these must be observed.
The fee for public appointment by the IHK is between 350 and 3,480 euros and is charged when the application is submitted.
The expenses incurred in reviewing the application, in particular by involving the expert committees and other examiners, must also be reimbursed by the applicant. Costs of between 1,000 and 3,000 euros are to be expected, depending on the subject area applied for.
As a rule, the IHK will request an appropriate advance on costs.
There are no application deadlines.
If the objection has no suspensive effect, an application for suspension of enforcement can be made to the original authority or the objection authority in accordance with Section 80 (4) VwGO. Instead, an application for an order or restoration of the suspensive effect of the objection can be made to the competent Bavarian Administrative Court in accordance with Section 80 (5) VwGO.
Please note: If it concerns the demand for public charges and costs (§ 80 Para. 2 Sentence 1 No. 1 VwGO), an application to the court is generally only admissible if the authority has previously rejected an application for suspension of enforcement (§ 80 Para. 6 VwGO).
Das bundesweite Sachverständigenverzeichnis enthält Angaben zu über 8000 von Industrie- und Handelskammern, von Architekten-, Ingenieur- und Landwirtschaftskammern sowie von Landesregierungen öffentlich bestellten und vereidigten Sachverständigen. Effektive Suchfunktionen und zusätzliche Schlagwörter vereinfachen die Suche nach dem richtigen Sachverständigen.