Can a club be founded without statutes?
April 18, 2023 | 40,00 EUR | answered by Thomas Tressel
Dear lawyer,
My name is Thomas Blumberg and I have an urgent question regarding association law. I am planning to establish an association, but I am unsure if an association can be founded without articles of association.
The situation is as follows: I want to create an association to express my passion for environmental protection and sustainability. I have already found some like-minded individuals who also want to get involved. We already have some initial ideas for projects and activities that we would like to implement within the association.
However, the current situation is that we have not yet drafted articles of association for the association. We are unsure if this is strictly necessary to legally establish the association. Additionally, we are concerned that without articles of association, we may encounter legal problems.
Therefore, my question to you is: Can an association be established without articles of association? If not, what steps do we need to take to draft articles of association and legally establish the association? What legal consequences could we face if we continue to be active without articles of association?
I thank you in advance for your support and advice.
Best regards,
Thomas Blumberg
Dear Mr. Blumberg,
Thank you for your inquiry regarding association law. I am pleased that you are interested in environmental protection and sustainability and want to establish an association to implement your ideas and projects. I understand your concerns regarding the lack of statutes and will be happy to assist you.
In Germany, a legally valid association cannot be founded without statutes. The statutes are the most important legal document of an association and regulate, among other things, the purpose of the association, membership, the organs of the association, and the general assembly. Without statutes, the legal basis for the existence and legal capacity of the association is lacking.
To legally establish your association, you must therefore create statutes. In the statutes, you should specify the purpose of the association, how membership is regulated, how the organs of the association are composed, and how decisions are made. It is advisable to seek professional help in creating the statutes to ensure that all legal requirements are met.
If you have already taken action without having statutes, you could face legal problems. Without statutes, there is no legitimacy for your actions on behalf of the association and conflicts with authorities or other organizations could arise. It is therefore strongly recommended to create the statutes promptly and properly establish the association to avoid legal uncertainties.
I hope this information has been helpful to you. If you have any further questions or need assistance in creating the statutes, I am happy to help.
Sincerely,
Thomas Tressel, Attorney
