Which documents must associations keep and how long must they be retained?
January 19, 2023 | 50,00 EUR | answered by Otto Krebs
Dear attorney,
I am reaching out to you as a board member of an association confronted with the issue of document retention and unsure of which documents we need to keep and for how long.
In our association work, we collect a variety of documents such as minutes of board and member meetings, financial records, membership lists, contracts with partners and sponsors, as well as other important documents. So far, we have stored these documents in paper and digital form, but we lack a clear structure and regulation on how long we need to retain them.
I am concerned that we may not be complying with legal requirements regarding the retention of association documents and that this may potentially lead to consequences or legal problems. Therefore, I seek your advice and support on which documents an association must keep and for how long in order to be legally protected.
What are the legal requirements for the retention of association documents? Must certain documents be kept longer than others? Are there differences between paper and electronic documents? What measures can we take to ensure that we fulfill the retention obligations properly?
Thank you in advance for your assistance and guidance.
Sincerely,
Tobias Kronberger
Dear Mr. Kronberger,
Thank you for your inquiry regarding the storage of association documents. It is understandable that as a board member, you are concerned about whether your association complies with the legal requirements for the storage of documents. Proper documentation and storage of association documents are not only important for the transparency and traceability of the association's work, but also for the legal protection of the association.
There are legal requirements for the storage of association documents, which are regulated in the Civil Code (BGB) and the Commercial Code (HGB). According to § 257 HGB and § 147 AO, associations are required to keep certain documents for a certain period of time. These include minutes of board and member meetings, financial documents, membership lists, contracts with partners and sponsors, as well as other important documents.
The storage periods may vary depending on the type of documents. For example, minutes of board and member meetings usually have to be kept for at least 10 years, while other documents such as contracts must be kept for a shorter period of 6 years. It is important that you familiarize yourself with the specific storage periods for the various documents to ensure that you comply with all legal requirements.
Regarding the differences between paper and electronic documents, electronic documents are generally legally valid just like paper documents, as long as they meet the legal requirements for the storage and archiving of electronic documents. Therefore, it is important that you ensure that your electronic documents are properly secured and archived so that you can access them in case of an audit or legal dispute.
To ensure that you fulfill the storage obligations properly, I recommend establishing a clear structure and organization for the storage of association documents. Determine which documents need to be kept, create a list of storage periods, and ensure that all board members are informed about the legal requirements. Additionally, you can implement a suitable archiving method for your documents to ensure that they are stored safely and properly.
If you have any further questions regarding the storage of association documents or need assistance in creating a suitable storage structure, I am happy to help.
Best regards,
Otto Krebs
Attorney specializing in association law
