Association law – With good preparation, the association register will work out

Associations are an integral part of social life in Germany. More than 28 million members are organized in sports clubs alone. 1 Many associations 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 types 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 setting up an association.

From idea to registered association

Most associations in Germany are entered in the register of associations and therefore have the suffix „e.V.“ in their name. „Entry in the register of associations prevents personal liability for persons acting on behalf of the association,“ explains Dr. Nadine Lüttchens, managing director of the Koblenz Chamber of Notaries, adding: „The register also provides clarity in legal transactions because the members of the executive board 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 a constitution that regulates, among other things, its name, registered office, purpose, and representation. The constitution must be adopted by the members at a founding meeting. There are a few formalities to observe 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, approve the articles of association, and sign them.
• A board of directors must be elected.
• Minutes of the meeting must be taken and signed by the secretary and the chairperson.

Important changes are decided by the general meeting.

If the articles of association are to be amended, this shall be decided by the general meeting. Here, too, there are a number of things to bear in mind: the invitation must be issued in the correct form and in good time, the meeting must have a quorum, and the minutes must be taken in the proper manner. „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 chairperson 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 until they have been registered. The signed minutes of the general meeting and the complete text of the amended articles of association must be enclosed with the registration. The election of new board members is also decided by the general meeting and must then be registered with the register of associations.

Notaries provide support with registration in the register of associations

Registrations for the register of associations are made by the members of the executive board in a number authorized to represent the association. The signatures on the registration form must be publicly certified. Registrations for the register of associations can also be carried out digitally using the online notarial procedure. Notaries prepare
They prepare the association register applications, certify the signatures, and submit the application electronically to the association register. „Sometimes it turns out that certain formalities were not observed when convening or holding the general meeting,“ Lüttchens notes, adding: „To save trouble later on, the meeting should be well planned.“ The Federal Chamber of Notaries provides the following information on this subject
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.