What are the duties of the board of directors of an association?
April 8, 2024 | 50,00 EUR | answered by Thomas Tressel
Dear lawyer specialized in association law,
I am reaching out to you as a board member of an association because I am unsure of the specific duties and responsibilities that I carry as a board member. My name is Emma Witzelmann and I have been serving on the board of our non-profit sports club for two years.
Currently, I feel that my tasks and duties as a board member are not clearly defined and therefore I am unsure if I am fulfilling my obligations to the fullest extent. I am concerned about the legal consequences if I do not fulfill my duties properly.
Could you please outline specifically what duties and responsibilities a board member in an association has? Are there any legal requirements or guidelines that I must adhere to? How can I ensure that I fulfill my duties as a board member properly and avoid legal risks?
I thank you in advance for your support and advice.
Sincerely,
Emma Witzelmann
Dear Mrs. Witzelmann,
Thank you for your inquiry regarding your duties and responsibilities as a board member of a non-profit sports club. As a lawyer specializing in association law, I am happy to provide you with information and help you with any uncertainties you may have.
In general, a board member of an association has a variety of duties and responsibilities. These stem primarily from association law, in particular the Civil Code (BGB) as well as the specific association law of the federal state in which the association is based.
Some of the key duties of a board member include representing the association externally, managing the affairs of the association in accordance with the bylaws and decisions of the general assembly, managing the association's resources, and complying with tax and legal regulations.
Therefore, a board member has a comprehensive responsibility for the organization and proper functioning of the association. It is important to ensure that the association's financial resources are managed and utilized correctly, that the bylaws and association goals are upheld, and that all legal regulations are followed.
To ensure that you fulfill your duties as a board member properly and avoid legal risks, I recommend working regularly with the other board members, making decisions together, and communicating transparently with the members. Additionally, it is important to continue your education regularly to stay informed about current legal developments.
It is also advisable to seek legal advice if you are unsure how to act in certain situations. A lawyer specializing in association law can help you avoid legal pitfalls and clarify your duties as a board member.
I hope that my response is helpful to you and I am available to assist you further if you have any more questions or need legal advice.
Best regards,
Thomas Tressel
Lawyer specializing in association law
