What tasks does the general assembly of a club have?
April 20, 2024 | 40,00 EUR | answered by Otto Krebs
Dear lawyer,
My name is David Breitwieser and I am a board member of a sports club. Lately, there have been increasing discussions within the board and the members about the tasks and powers of the general assembly. Some members believe that the general assembly is only there to relieve the board and to vote on important decisions. Others, on the other hand, claim that the general assembly has much broader tasks and should also be involved in the strategic direction of the club.
Since the board members are not in agreement on the actual role the general assembly should play, I am greatly concerned about the future of our club. I want to ensure that we comply with legal requirements and at the same time ensure good cooperation between the board and the members.
Could you please explain to me what specific tasks a club's general assembly has and to what extent it should be involved in strategic decisions? Are there legal requirements or recommendations that we should consider? And how can we ensure that the general assembly works effectively and adequately considers the interests of all members?
Thank you in advance for your support.
Sincerely,
David Breitwieser
Dear Mr. Breitwieser,
Thank you for your inquiry regarding the tasks and powers of the general assembly of a sports club. It is understandable that there are discussions within the board and members about the actual role the general assembly should play. To clarify, I would like to explain to you the specific tasks of the general assembly according to association law.
The general assembly is the highest body of an association and typically has the following tasks:
1. Election and dismissal of the board: The general assembly elects the board and can also dismiss it. The board manages the affairs of the association and is therefore the executive part of the association.
2. Approval of the budget and discharge of the board: The general assembly approves the budget and decides on the discharge of the board for the past financial year.
3. Amendments to the statutes: The general assembly can decide on changes to the association's statutes.
4. Decision on the dissolution of the association: In the event of the dissolution of the association, the general assembly decides on the use of the association's assets.
Furthermore, additional tasks of the general assembly can be specified in the association's statutes. It is important that the general assembly is convened regularly and that members are adequately informed and involved.
In terms of the strategic direction of the association, it is indeed useful to involve the general assembly in important decisions. For example, long-term goals and projects can be developed and decided upon together with the members. Involving members in the planning of events and activities can also strengthen their identification with the association.
To ensure that the general assembly works effectively and adequately considers the interests of all members, I recommend the following measures:
1. Transparency: Inform members in a timely manner about upcoming meetings, agenda items, and draft resolutions.
2. Participation: Give members the opportunity to submit proposals and actively participate in shaping the association's activities.
3. Open communication: Foster an open and respectful communication culture in which all members can express their opinions.
4. Documentation: Keep minutes of the meetings so that decisions and discussions are traceable.
In summary, the general assembly of an association plays an important role in decision-making and the democratic legitimization of the association. By complying with legal requirements, involving members appropriately, and ensuring transparent and open communication, you can ensure that the general assembly works effectively and considers the interests of all members.
I hope this information is helpful to you and wish you success in working with your board and the members of your sports club.
Sincerely,
Otto Krebs, Attorney
