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Do you want to set up an association with legal capacity? Then you must have it entered in the register of associations.
If you found an association, it does not have legal capacity without being entered in the register of associations. This means that it cannot itself be the bearer of rights and obligations. This has consequences for the persons acting on behalf of the association. If the association is not entered in the register of associations, you as the chairman or chairwoman, for example, are liable for transactions for the association with your private assets. The association only becomes legally capable when you have it entered in the register of associations. The association is then only liable for debts with its assets.
In addition to the registration letter, the original articles of incorporation and the minutes of incorporation, which contain the appointment of the board members, must be submitted to the registry court.
The registration of an association must be applied for by the board of directors at the responsible local court. The local court publishes the initial entries in the register of associations in an electronic information and communication system (www.handelsregister.de).
Upon registration, the name of the association is given the addition "registered association" (e.V.). After entry in the register, the association receives an extract from the register as proof of 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.
Note: You must also have certain processes or facts entered in the register of associations at a later date, bFor example, if
- the articles of association change or
- the members have elected other people to the board.
The Ministry of Justice has legal information for associations in a own brochure "All about the club" summarizedsummarized.
An association of persons for a specific common purpose only becomes a registered association (e.V.) when it is entered in the register of associations.
The entry of an association in the register of associations is based on an application to the register by the members of the Management Board. The application must be submitted in notarized form. You must therefore go to a notary. Registration as an association (e. V.) does not mean that it is recognized as a non-profit organization. The certificate of non-profit status is issued by the responsible tax office. If the association is to be recognized as a non-profit organization, it is advisable to submit the articles of association to the responsible tax office for an opinion before applying for entry in the register of associations.