Vereinsregister (register of associations) - Registration of an association

• Aim and purpose The founding of an association (Verein) serves to realize shared purposes and goals. The members can decide that the association is to be entered in the Vereinsregister (register of associations). • Minimum number of members Two members are sufficient to found an association. If the association is to be entered in the register of associations, at least 7 founding members must join together. • Minutes of the founding meeting with election of the board At the founding meeting (Gründungsversammlung), the members elect a Vorstand (board). The composition of the board is determined by the Satzung (statutes). At the founding, all board positions must be filled. As a rule, board members must be elected individually and directly to their respective positions. Only if the statutes expressly permit it may board members be elected by block vote (Blockwahl) or decide the allocation of positions among themselves. The elected board members must declare their acceptance of the election. This declaration must be recorded in the minutes. • Satzung (statutes) The founding members adopt the rules and guidelines of the association (Satzung). The statutes must contain at least the following: • Name of the association The name of an association must be "true". It must not give cause for any misleading impression. In addition, the name must be "free" (frei), meaning it must be clearly distinguishable from other associations in the Berlin register of associations. • Intention to register The statutes must expressly state that the association is to be entered in the register of associations. • Registered seat of the association Every association must have a Sitz (registered seat). The seat is generally the place where the association is active. It is sufficient to state a municipality (e.g. "Berlin" for associations to be entered in the Berlin register of associations). The address of the office (Geschäftsstelle) does not need to be recorded in the statutes. • Purpose of the association and activities for realizing the purpose. An association can only be entered in the register if its purpose and measures are of a non-commercial (ideeller) nature. The association may not, for example, pursue economic goals or offer services for payment. • Rules for joining and leaving The requirements for joining and leaving the association must be established for each type of membership. • Membership fees The statutes must clearly state, for each type of membership, whether membership fees are to be paid or not. • It is not sufficient to stipulate that the general meeting (Mitgliederversammlung) may decide to levy fees. The amount of the fees does not need to be stated in the statutes. • Composition of the board The statutes must specify the composition of the board authorized to represent the association (vertretungsberechtigter Vorstand). • Invitation to the general meeting The form (e.g. in writing) in which general meetings are convened must be specified, as well as the minimum frequency (e.g. annually) at which general meetings must be convened. • Meeting minutes The recording of the resolutions of the general meeting must be regulated. At minimum, it must be specified who signs the minutes. • Signing of the statutes The statutes must be signed by at least seven members. If legal entities are founding members, they must sign the statutes with the number of authorized representatives required for representation. If the statutes are signed by proxies of the authorized representatives, valid powers of attorney (Vollmachten) must be submitted. • Date of establishment of the statutes The day on which the founding members sign the statutes must be noted on the statutes (Errichtungsdatum, date of establishment).

• Application for registration of the association (Anmeldung) The application must be submitted by the number of board members (Vorstandsmitglieder) required to represent the association. Their signatures on the application must be officially certified. To do this, the board members generally have to visit a notary. The dates of birth and places of residence of all board members authorized to represent the association must be stated, along with the association's address capable of receiving service (zustellungsfähige Vereinsanschrift). • Satzung (statutes/articles of association) The Satzung must be signed by 7 members of the association and dated with the day of establishment. A copy is sufficient. • Vorstandswahlprotokoll (minutes of the board election) (Gründungsprotokoll / founding minutes) The minutes must contain the necessary content, which you can find under the Requirements section. A copy is sufficient.

• 100.00 euros: court procedure fee • You can ask the notary (Notarin/Notar) about the amount of the certification fees.

• Grundgesetz (Basic Law, GG) Art. 9 www.gesetze-im-internet.de/gg/art_9.html • Bürgerliches Gesetzbuch (Civil Code, BGB) §§ 21 et seq. www.gesetze-im-internet.de/bgb/BJNR001950896.html#BJNR001950 • Gerichtsverfassungsgesetz (Courts Constitution Act, GVG) § 23a www.gesetze-im-internet.de/gvg/__23a.html • Gesetz über das Verfahren in Familiensachen und in den Angelegenheiten der freiwilligen Gerichtsbarkeit (Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction, FamFG) §§ 378 et seq. www.gesetze-im-internet.de/famfg/BJNR258700008.html#BJNR2587 • Vereinsregisterverordnung (Register of Associations Ordinance, VRV) www.gesetze-im-internet.de/vrv/ • Kostenverzeichnis des Gerichts- und Notarkostengesetz (Schedule of Costs of the Court and Notary Fees Act, GNotKG) No. 13100 www.gesetze-im-internet.de/gnotkg/anlage_1.html

On average 2-4 weeks, if the submitted documents require no objection from the Registergericht (register court).

• Guide to the law on associations (Vereinsrecht) www.bmjv.de/SharedDocs/Publikationen/DE/Leitfaden_Vereinsrec

The decision on recognizing a Verein's (association's) charitable status (Gemeinnützigkeit) is made exclusively by the Finanzamt für Körperschaften (tax office for corporations). Classification as charitable is neither a reason for, nor a precondition of, entering an association in the Vereinsregister (register of associations).