Is a club allowed to accept minors as members?
October 2, 2023 | 40,00 EUR | answered by Thomas Tressel
Dear lawyer specializing in association law,
I have a question regarding the membership of minors in an association. My name is Oliver Hemminger and I am the chairman of a sports club in my community. Lately, we have seen an increase in interest from parents of children under 18 years old who want to enroll their children as members of our association.
So far, we have only accepted adult members, as we are unsure if we are legally allowed to admit minors as members. We want to ensure that we comply with all legal requirements and avoid any legal issues.
I am concerned that we may be acting without a proper legal basis and could potentially be in conflict with association law. I would therefore like to know if it is legally permissible to admit minors as members of an association and what possible solutions there are to implement this in a legally secure way.
Thank you in advance for your help and advice.
Sincerely,
Oliver Hemminger
Dear Mr. Hemminger,
Thank you for your inquiry regarding the membership of minors in a club. It is important to adhere to the legal regulations in this matter to avoid legal problems.
In principle, it is allowed to admit minors as members in a club. The Civil Code (BGB) regulates the legal capacity of minors in §§ 104 ff. Minors from the age of seven are therefore limited in their legal capacity and can enter into effective legal transactions, as long as they are compatible with the pocket money paragraph (§ 110 BGB). This means that minors can enter into legal transactions within the scope of their pocket money without the consent of their legal representatives (usually parents).
Therefore, it is generally possible to admit minors as members in a club. However, the parents or legal guardians must consent to the membership and may also be responsible for paying the fees for their minor children. It is advisable to include a corresponding provision in the club's statutes to legally secure the parents' consent.
Another option is to obtain a declaration of consent from the parents explicitly approving the membership of their minor child. This declaration of consent can also include provisions regarding fees, liability, or other important points.
It is crucial for the club to document the parents' consent and be able to prove it in case of legal problems. Close communication with the parents and a transparent approach can help prevent potential conflicts.
I hope this information is helpful and I am available for further questions.
Best regards,
Thomas Tressel
