How can an association change its statutes?
February 15, 2024 | 55,00 EUR | answered by Thomas Tressel
Dear lawyer specializing in association law,
I am reaching out to you with a question regarding the amendment of a club's constitution. I am a member of a sports club and we would like to adjust some provisions in our constitution. However, we are unsure of the process and the necessary steps to take.
Currently, our constitution has remained unchanged for several years and now some regulations appear outdated or no longer meet our current needs. We have already discussed this in a general meeting and have found a majority in favor of the changes. Now the question arises of how to implement these changes legally correctly.
My concern is that we may make mistakes and thereby jeopardize the validity of the amendment. Therefore, I would like to know from you what specific steps we need to take to successfully amend our club's constitution. Are there legal requirements that we must consider? Do we need to have it notarized? And how can we ensure that the changes are carried out properly?
I would greatly appreciate your expertise and support in this matter. Thank you in advance for your help.
Sincerely,
Daniel Binder
Dear Mr. Binder,
Thank you for your inquiry regarding the amendment of your sports club's statutes. It is understandable that you are thinking about the legal framework and necessary steps to ensure that the amendment of the statutes is carried out correctly and validly. Indeed, there are some legal requirements and procedures to consider when amending a club's statutes.
It is important to know that a club's statutes represent the basic rules according to which the club is organized and operates. Therefore, amending the statutes requires careful planning and execution to avoid legal issues. It is positive to hear that you have already discussed the proposed amendments in a general meeting and have found a majority in favor. This is an important step, as usually the approval of the members is required for an amendment of the statutes.
To successfully amend your club's statutes, you should consider the following steps:
1. Formulation of the amendments: Clearly define which provisions you want to change in the statutes and formulate them clearly and understandably. It is important that the changes are unambiguous and comprehensible.
2. Resolution: The amendment of the statutes must be decided in a properly convened general meeting. Usually, a majority of 2/3 of the members present is required. Make sure that the invitation to the general meeting is sent out in due time and that the agenda items are clearly named.
3. Documentation: The decisions of the general meeting must be documented. It is important that the minutes include all relevant points and voting results.
4. Submission to the club register: After the amendment of the statutes has been decided, you must submit the amended statutes to the relevant club register. Usually, this is the local court in whose district the club is based. Registering the amendment of the statutes in the club register is necessary to ensure the validity of the changes.
5. Notarial certification: In some cases, it may be necessary for the amendment of the statutes to be notarially certified. This is the case, for example, when real estate transactions or other legally relevant matters are regulated in the statutes.
I hope that this information is helpful to you and supports you in amending your club's statutes. If you have any further questions or need legal advice, I am at your disposal.
Best regards,
Thomas Tressel
Attorney specialized in club law
