How can I establish a club and what legal steps are necessary for this?
November 21, 2022 | 50,00 EUR | answered by Roberta Lahn
Dear lawyer specializing in association law,
My name is Zofia Dornbusch and I intend to establish an association. I have already found a group of like-minded individuals who share the same goal as myself. We want to organize ourselves as a non-profit association and engage in environmental protection and sustainability.
Currently, we are unsure about the legal steps we need to take for this. What steps are necessary to establish an association and what legal framework do we need to consider?
I am concerned that we may make mistakes that could hinder our establishment or have legal consequences. Therefore, it would be very helpful for us to receive a detailed guide on which steps we need to take in what order to establish our association in compliance with the law.
Are there specific documents that we need? What formalities must be considered? Are there any special regulations that apply to a non-profit association?
We are very motivated and would like to implement our project as soon as possible. Therefore, it would be of great importance for us to receive a clear and understandable guide from you as quickly as possible.
Thank you in advance for your help.
Best regards,
Zofia Dornbusch
Dear Mrs. Dornbusch,
Thank you for your inquiry regarding the establishment of a non-profit organization in the field of environmental protection and sustainability. It is commendable that you and your like-minded individuals are interested in such an important issue. I am happy to help you understand and correctly implement the necessary legal steps.
To establish an organization, there are several legal requirements that must be considered. Firstly, you should create a constitution for your organization. The constitution should include the name of the organization, its purpose, membership conditions, the organs of the organization (e.g. board, general assembly), and the provisions for the dissolution of the organization. The constitution should be clearly and unambiguously formulated and comply with legal requirements.
After the constitution has been drafted, you must appoint a board of directors. The board represents the organization externally and manages its affairs. It is important that the board consists of at least two individuals who are fully legally competent. Additionally, you must convene a founding meeting where the constitution will be adopted and the board will be elected.
Furthermore, you must register the organization with the relevant register court. For this purpose, you will need the constitution, a list of board members, and a list of founding members. After registration in the organization register, you will receive a registration entry confirming the organization as a legal entity.
As a non-profit organization, you must also meet the requirements for tax-exempt status. This includes, among other things, that the organization pursues exclusively and directly charitable purposes, does not generate profits, and uses these funds only for purposes specified in the constitution. To obtain tax-exempt status, you must apply to the tax office for recognition of charitable status.
It is important to inform yourself about the legal requirements early on and, if necessary, seek professional help to avoid mistakes. I am happy to assist you in establishing your organization and help you with any questions.
I wish you success in establishing your non-profit organization in the field of environmental protection and sustainability.
Sincerely,
Roberta Lahn
