Can a club be founded without a constitution?
September 15, 2022 | 40,00 EUR | answered by Roberta Lahn
Dear lawyer specializing in association law,
My name is Alice Niemeyer and I have a question regarding the establishment of an association. I plan to establish an association together with some friends in order to implement joint projects and represent our interests. However, we are unsure whether an association can be founded without a statute.
Our current situation is as follows: We already have a group of individuals who regularly meet and exchange ideas for joint projects. Now, we want to officially establish an association in order to be legally protected and be able to apply for funding. However, we have not yet drafted a statute and are unsure if this is mandatory.
Our concerns revolve around not knowing exactly what legal foundations we need to consider when establishing the association and whether an association can even exist without a statute. We want to ensure that our association is on solid legal ground and does not encounter any issues with authorities or other associations.
Therefore, my question to you as an expert in association law is: Can an association be founded without a statute, and what possible solutions are available for our problem? We are grateful for any help and support you can provide us in this matter.
Thank you in advance for your assistance.
Best regards,
Alice Niemeyer
Dear Mrs. Niemeyer,
Thank you for your inquiry regarding the establishment of an association without statutes. It is understandable that you would like to inform yourself about the legal foundations before founding the association to ensure that your association is on solid legal ground.
In general, the statutes of an association are a central and legally binding part for all members. The statutes include, among other things, the name and location of the association, the purpose and goals of the association, membership conditions, the organs of the association, and regulations for the dissolution of the association. Without statutes, the legal basis for the association's activities and organization is lacking.
Therefore, an association cannot be founded without statutes, as the statutes form the basis for the existence and legal capacity of the association. Without statutes, the association would not legally exist and therefore could not apply for funding or conduct other legal transactions.
If you have not yet drafted statutes, I strongly recommend doing so before founding the association. In the statutes, you can define all the important regulations and provisions relevant to the association's activities. It is advisable to adhere to the legal requirements for association statutes and, if necessary, seek professional help to ensure that the statutes are legally sound.
If you are still unsure or need assistance in drafting the statutes, I am happy to help. Feel free to ask any further questions regarding the establishment of the association, I am here to assist you with my expertise.
I hope this information has been helpful to you and wish you success in founding your association.
Sincerely,
Roberta Lahn
Attorney specializing in association law
