How can I legally establish my club?
July 13, 2022 | 40,00 EUR | answered by Emilia Vöss
Dear lawyer,
My name is Jessica Schlosser and I am planning to establish an organization that aims to promote animal welfare in my region. I have already found some fellow supporters and we are all very motivated to pursue this project. However, I am unsure about how to legally establish the organization.
Currently, we are in the planning phase and have already drafted a statute outlining the goals and structure of the organization. We have also chosen a name for the organization and are considering registering as a non-profit association. It is important to us to do everything correctly from the start in order to avoid any legal issues in the future.
My concerns mainly revolve around the possibility of overlooking something or encountering pitfalls that we need to be aware of. I want to ensure that the establishment of the organization is legally sound and that we meet all the requirements to be recognized as a non-profit organization.
Therefore, my question is: How can we legally establish our organization and what should we pay particular attention to in order to avoid making any legal mistakes? Are there specific steps we should follow or forms we need to fill out to properly carry out the process of establishing the organization?
Thank you in advance for your assistance.
Sincerely,
Jessica Schlosser
Dear Mrs. Schlosser,
Thank you for your inquiry regarding the establishment of an animal welfare association in your region. It is commendable that you are committed to this important cause and want to contribute to promoting animal welfare.
To legally establish your association, there are some important steps and aspects to consider. Firstly, it is very positive that you have already created articles of association outlining the goals and structure of the association. The articles of association are a central document for any association and should include all necessary information such as the purpose of the association, membership conditions, the association's bodies (e.g. board of directors), and regulations for the dissolution of the association.
If you decide to establish the association as a registered association (e.V.), you will have the advantage of the association having legal personality and being able to act independently. To register the association as e.V., you must have the articles of association and founding meeting notarized and then submit them to the relevant registry court. The association will then be entered into the association register.
It is important that the articles of association meet all legal requirements so that the association can later be recognized as a charitable organization. This includes, among other things, the exclusive and direct promotion of charitable, benevolent, or ecclesiastical purposes as well as compliance with certain formal requirements.
Another important step is the election of the board of directors, who are responsible for the management of the association. The board should consist of at least two people, and clear regulations for the representation of the association should be established.
In addition to the articles of association and the election of the board of directors, you should also apply for charitable status for the association with the tax office. To do this, you must submit certain documents proving that the association pursues charitable purposes.
Overall, it is important that you inform yourself and seek advice in a timely manner to avoid potential errors in the establishment of the association. I am happy to answer any further questions you may have and support you in founding your association.
Best regards,
Emilia Vöss, Lawyer specializing in association law
