Association law - With good preparation, it works with the register of associations

Clubs are an integral part of social life in Germany. More than 28 million members are organized in sports clubs alone. 1 Many clubs pursue charitable purposes and thus serve society. The voluntary commitment of their members is an important pillar of our democracy. Notaries support associations with all kinds of registrations in the register of associations. On the new website www.verein-gruenden.notar.de the Federal Chamber of Notaries answers the most important questions and provides tips for founding an association.

From the idea to a registered association

Most associations in Germany are entered in the register of associations and therefore have the suffix "e.V." in their name. "The entry in the register of associations prevents personal liability of the persons who act externally for the association," explains Dr. Nadine Lüttchens, Managing Director of the Koblenz Chamber of Notaries, and continues: "The register also creates clarity in legal transactions because the board members are entered there." But how does your association get into the register? The association needs at least seven members. In addition, the association must have articles of association that regulate the name, registered office, purpose and representation of the association, among other things. The articles of association must be adopted by the members at an inaugural meeting. There are a few formalities to be observed to ensure that the entry in the register is successful:

• The meeting must be duly convened.
• At least seven founding members must attend the meeting, adopt and sign the articles of association.
• A board of directors must be elected.
• Minutes of the meeting must be drawn up and signed by the secretary and the chairman of the meeting.

Important changes are decided by the General Meeting

If the articles of association are to be amended, this is decided by the general meeting. Here, too, there are a number of things to consider: The formal and timely invitation, the quorum and the proper minutes of the meeting. "The
The minutes must be signed by the persons specified in the articles of association. If there is no provision in the articles of association, the chairman of the meeting and the secretary must sign," says Lüttchens. Amendments to the articles of association must be registered with the register of associations and are not effective beforehand. The application must be accompanied by the signed minutes of the general meeting and the full wording of the amended articles of association. The election of new board members is also decided by the general meeting and must then be registered in the register of associations.

Notaries provide support with registration in the register of associations

Registrations in the register of associations are made by the members of the Executive Board in a number authorized to represent the association. The signatures under the application must be publicly notarized. Applications to the register of associations can also be made digitally using the notarial online procedure. Notaries prepare
register of associations, certify the signatures and submit the registration electronically to the register of associations. "Sometimes it turns out that certain formalities were not adhered to when convening or holding the general meeting," says Lüttchens and continues: "To save yourself trouble later, the meeting should be well planned." The Federal Chamber of Notaries provides
Practical assistance on the website www.verein-gruenden.notar.de ready. Among other things, the articles of association for a non-profit association can be created there in just a few clicks.