Registered association (Germany)

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GWUP, an e.V. registered in Germany, but operates in Austria and Switzerland as well

An (; "registered association" or "incorporated association"), abbreviated (), is a legal status for a registered voluntary association in Germany. While any group may be called a , registration as confers many legal benefits, because it confers the status of a juridical person rather than just a group of individuals. The legal status must be mentioned in the name as well. Like certain other corporate bodies, an can apply for the status of a charitable organization ().

History

The oldest known social club is La Court de Bonne Compagnie, established in London and mentioned in 1413. The club was set up by a group of devout Templars for the purpose of "charitable causes". To represent the professional interests of craft and merchant guilds, societies or clubs were formed in the Middle Ages and Early Modern period, through which community and various social functional spaces (such as guild houses and music guilds of the Meistersinger) and events were run.

Societies based on language were formed in the seventeenth century, with exclusive English upper class gentlemen's clubs of the eighteenth century, Masonic lodges, the literary societies of the Enlightenment, and political clubs of the French Revolution being some of the earliest examples. One of the most notable social clubs of the early period was the Berliner Montagsclub, founded in 1749.

The first cross-class associations were founded in German-speaking countries during the 18th century. As a result of industrialisation during the nineteenth century, modern clubs, societies and federations began to develop, including those focused on culture, education and socialising.

Legal basis

The term 'association' is commonly used interchangeably with e.V. along with 'club', 'society', and other classifications denoting non-profit entities. This term refers to the right of citizens to unite under a common purpose and strive for common goals together. The right of free assembly is also one that can be derived directly from laws regarding personal freedom.

The Civil Code of Germany regulates registered non-profit, and for-profit associations regarded as juridical persons () in sections 21–79 and any other associations by contract () in sections 705–740. The is the basic type of a juridical person while the is dogmatically more a partnership. Due to this theoretical distinction, the concept of is also the legal basis for particular economic entities () such as and , which are also endowed with juridical personhood. These are regulated in separate statutes as special economic associations but bear the same basic features.

The ("Act regulating the public law of associations") and the associated regulations ("Regulation implementing the Act regulating ...") contain specific provision on the rights and duties of in general.

All natural and juridical persons in Germany, municipalities, counties, and other entities under public law, can form associations and be members of an association. This means that associations are not limited to private clubs formed by natural persons but have a much broader scope. They can be locally limited club-like institutions but also nationwide units representing important economic or social groups. It is even possible that registered associations themselves form a new association whose membership is composed entirely of associations (often called ).

The statutory minimum number of members for forming a registered association is seven. The minimum number of members before a registered association needs to be dissolved is three. The largest associations can have over one million members; there is no legal limit concerning membership numbers.

File:ADAC Dornier 328-300 D-BADC.jpg

Medical jet flying for the ADAC, the largest German motoring association with millions of car drivers as members

Registration

The registration of is regulated in the (VRV) (Template:Lit). It requires registration of an with the association registry () either kept at the district court of its seat or, if directed by state law, as a centralized register for the its seat is located in.

Differences to other jurisdictions

In other German-speaking countries such a distinction does not exist. But there may be legal requirements which oblige an association to register itself; for example, in Switzerland there is no association registry, but an association must be listed in the commercial register if its yearly turnover is high enough to legally require an audit (). In Austria, all associations are registered in a special register, and having an in the name is not allowed.