(1) A party may have itself represented by an authorised representative. The power of representation authorises all procedural acts relating to the administrative procedure, unless something else follows from its content. The authorised representative must, on demand, furnish written proof of the power of representation. A revocation of the power of representation becomes effective towards the authority only once it reaches the authority.
(2) The power of representation is annulled neither by the death of the grantor of the power nor by a change in his or her capacity to act or his or her statutory representation; the authorised representative must, however, where he or she appears for the legal successor in the administrative procedure, produce that successor's power of representation in writing on demand.
(3) Where an authorised representative has been appointed for the procedure, the authority must address itself to that representative. It may address itself to the party personally insofar as the party is obliged to cooperate. Where the authority addresses itself to the party, the authorised representative must be informed. Provisions on service on authorised representatives remain unaffected.
(4) A party may appear at negotiations and discussions with an adviser. What is put forward by the adviser is deemed to have been put forward by the party, insofar as the party does not object without delay.
(5) Authorised representatives and advisers are to be rejected where, contrary to section 3 of the Legal Services Act, they provide legal services.
(6) Authorised representatives and advisers may be rejected from making submissions where they are unsuited for this; from oral submissions they may be rejected only where they are not capable of making a proper submission. Persons who, under section 73(2), first and second sentences, nos. 3 to 9 of the Social Courts Act, are entitled to act as representatives in social-court proceedings may not be rejected.
(7) The rejection under subsections (5) and (6) must also be communicated in writing to the party whose authorised representative or adviser is rejected. Procedural acts of the rejected authorised representative or adviser undertaken after the rejection are without effect.
Home› Civil Procedure & Administrative Law› SGB X (English)
Part 1 · Administrative Procedure › Title 1 · Principles of Procedure › Section 13
Authorised representatives and advisers
←→ also move between sections