What must be regulated in a club statute?
November 29, 2023 | 40,00 EUR | answered by Thomas Tressel
Dear Mr. Lawyer,
My name is Edith Peters and I am the chairperson of a small non-profit organization. We have recently realized that our organization's bylaws are not up to date and some important regulations are missing. This concerns me, as I am not sure which points must be included in the bylaws in order to be legally secure.
Our organization mainly focuses on environmental protection and regularly organizes actions and events. Lately, there has been a significant increase in interest in our organization and we have gained new members. Therefore, I want to ensure that our bylaws contain all the necessary regulations to ensure smooth operation and clear structure.
I have already started to inform myself about the topic of bylaws, but I am unsure if I have considered all the relevant points. That is why I am reaching out to you with the question: Which points must be included in the bylaws to legally protect our organization? Are there specific regulations that are particularly important for non-profit organizations like ours?
I would greatly appreciate it if you could provide me with specific advice and tips on how we can optimize our bylaws to avoid future legal problems. Thank you in advance for your support.
Sincerely,
Edith Peters
Dear Mrs. Peters,
Thank you for your inquiry regarding the articles of association of your non-profit organization. It is commendable that you are taking care of the legal protection of your organization and ensuring that your articles of association meet current requirements.
An articles of association is the basic regulatory framework of an organization and governs the organization, tasks, and structure of the organization. To ensure that your organization is legally protected, certain points should be clearly regulated in the articles of association:
1. Name and registered office of the organization: The exact name of the organization and its registered office must be specified in the articles of association.
2. Purpose of the organization: The purpose of the organization must be clearly defined and should be charitable, as your organization is involved in environmental protection. The purpose of the articles should precisely describe the goals of the organization and how it intends to achieve them.
3. Membership: The requirements for membership in the organization, the rights and obligations of members, and membership fees should be regulated in the articles of association.
4. Organizational structure: The articles should describe the organs of the organization, such as the board, general assembly, and possibly committees, as well as their responsibilities and tasks.
5. Decision-making: Regulations on decision-making in the general assembly and the board should also be included in the articles of association.
6. Financing and accounting: The articles should contain clear regulations on the financing of the organization and accounting to ensure transparency.
7. Dissolution of the organization: Regulations on the dissolution of the organization, asset commitment, and the use of organizational assets in case of dissolution should also be recorded in the articles of association.
For non-profit organizations like yours, certain regulations are particularly important to maintain charitable status. These include regulations on the use of funds, donation receipts, and public accountability.
To optimize your articles of association and avoid legal issues, I recommend seeking advice from an experienced attorney specializing in organization law. They can review your articles of association and suggest necessary changes to ensure compliance with current legal requirements.
I hope that these suggestions and tips are helpful to you and wish you success in optimizing your articles of association.
Sincerely,
Thomas Tressel, Attorney specializing in organization law
