What requirements must be met in order to be able to found an association?
January 29, 2024 | 40,00 EUR | answered by Emilia Vöss
Dear lawyer specializing in association law,
My name is Konrad Ullmann and I am planning to establish my own association. However, I am unsure about the requirements that need to be met and the specific steps I need to take to legally establish the association.
Regarding the current situation: I have found a group of like-minded individuals who are also interested in the topic that the association is supposed to cover. Together, we have already developed some initial ideas for the goals and activities of the association. Now, the question arises of how we can put these ideas into action and officially establish the association.
The current status is that we are still in the planning process and need to address the legal aspects of establishing an association. My concerns mainly lie in the possibility that we might overlook important requirements and thus encounter problems during the establishment or in the future life of the association.
Therefore, my specific question to you as an expert in association law is: What are the requirements that need to be met in order to establish an association? Are there specific formalities that need to be observed? What are the specific steps we need to take to legally establish the association? Are there any potential stumbling blocks that we should be aware of?
I would greatly appreciate your support and expertise in this matter so that we can establish our association smoothly and in compliance with the law.
Thank you in advance for your help.
Sincerely,
Konrad Ullmann
Dear Mr. Ullmann,
Thank you for your inquiry regarding the establishment of your own association. I am pleased that you have already found a group of like-minded individuals and have developed concrete ideas for the goals and activities of the association. I would be happy to provide you with a comprehensive answer to your questions regarding the requirements and steps for founding an association.
First of all, it is important to know that founding an association in Germany is generally legally uncomplicated. You will need at least seven people who want to found the association together. These individuals must be of legal age and competent to act. Additionally, you will need articles of association outlining the goals and structure of the association. The articles of association must contain certain minimum content, such as the purpose of the association, membership regulations, the organs of the association (e.g. board, general assembly), and regulations for the dissolution of the association.
To legally establish the association, you must first convene a founding assembly where the articles of association are adopted and the board is elected. Subsequently, the association must be registered in the association register of the competent local court. Only with registration in the association register will the association acquire legal capacity and be able to act validly.
There are certain formalities that must be observed, such as notarization of the articles of association, registration in the association register, and preparation of a founding protocol. It is advisable to seek assistance from an experienced attorney specializing in association law to avoid potential errors.
Possible stumbling blocks in the founding of the association could be that the articles of association do not meet legal requirements, not all founding members are present, or registration in the association register is rejected due to formal errors. Therefore, it is important to proceed carefully and diligently in preparing for the establishment of the association.
I hope that this information has been helpful to you and I am available for any further questions. I wish you success in founding your association and am happy to provide you with my expertise.
Sincerely,
Emilia Vöss
