How can a club change its statutes and what requirements must be met for this?
March 9, 2024 | 50,00 EUR | answered by Emilia Vöss
Dear lawyer,
my name is Albrecht Peters and I am a board member of a non-profit organization. In our current statutes, there are some regulations that are no longer up to date and that we would like to change. However, since we have never made a change to the statutes before, we have some questions regarding the exact process and requirements.
The current situation is that the statutes of our organization have remained unchanged since its founding. However, the needs and requirements of our organization have changed, which is why we would like to make some adjustments. For example, we would like to increase membership fees, simplify the admission process for new members, and reorganize the responsibilities within the board.
My concerns are that we may make mistakes in amending the statutes that could have legal consequences. Additionally, I am unsure if we are carrying out all necessary steps correctly and what requirements must be met for the statute amendment to be legally valid.
Therefore, my question to you is: How can an organization change its statutes and what requirements must be met for this? Are there specific formal requirements that we must follow? What majorities are required and how should the statute amendment be documented to be legally valid?
Thank you in advance for your help and support.
Sincerely,
Albrecht Peters
Dear Mr. Peters,
Thank you for your inquiry regarding the amendment of the articles of your non-profit organization. It is understandable that you are concerned about the exact procedure and requirements in order to avoid possible legal consequences. Amending the articles is an important step to align the organization with current needs and should therefore be carefully planned and executed.
First and foremost, it is important to note that an amendment to the articles is usually decided upon in a general meeting of members. The specific regulations regarding this should be outlined in your current articles. In most cases, a majority of at least two-thirds of the votes cast is required for the amendment of the articles. Therefore, it is important to inform all members about the planned amendment and invite them to the general meeting.
In terms of formal requirements, there are some points that need to be considered. Usually, the planned amendment should be communicated to the members in writing well before the general meeting. Additionally, the new articles should be clearly and understandably formulated to avoid misunderstandings. It is advisable to discuss the changes with an experienced lawyer specializing in association law beforehand to ensure compliance with all legal requirements.
The amendment to the articles must also be properly documented. After the decision is made in the general meeting, a protocol should be drawn up, recording the amendment to the articles and the voting results. Furthermore, the updated articles should be prepared in written form and signed by all board members.
Therefore, it is important to thoroughly consider the planned amendment to the articles beforehand and carefully follow all necessary steps. If you have any uncertainties or questions, please feel free to contact me for further assistance.
I hope this information is helpful to you and wish you success in amending the articles of your organization.
Sincerely,
Emilia Vöss
