You want to found an association with legal capacity? Then you have to have it entered in the register of associations.
If you found an association, it is not legally capable without entry in the register of associations. That is, he cannot yet be a bearer of rights and obligations himself. This has consequences for the persons acting on behalf of the association. If the association is not entered in the register of associations, you are liable, for example, as chairman or chairperson in transactions for the association with your private assets. The association only becomes legally capable if you have it entered in the register of associations. Only the association is liable for debts with its assets.
In addition to the registration letter, the original of the founding statutes and the founding protocol, which contains the appointment of the board members, must be submitted to the registry court.
Note: Even later you have to have certain processes or facts entered in the register of associations, for example if
- the statutes of the association change or
- the members have elected other persons to the board.
The M inisterium der Justiz has compiled legal information for associations in its own brochure "Rund um den Verein" .
Around the association
§§ 21 et seq. of the German Civil Code (BGB)
§§ 55 et seq. of the German Civil Code (BGB)
The registration of an association must be registered by the board with the competent local court. The district court publishes the first entries in the register of associations in an electronic information and communication system (www.handelsregister.de).
With the registration, the name of the association receives the addition "registered association" (e.V.). After the register entry, the association receives a register extract with which it proves the registration. The extract from the register serves as proof of the e.V. status. It is required, for example, when opening a bank account and at the tax office.
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