Erzeugergemeinschaft Anerkennung als Vereinigung
Inhalt
Begriffe im Kontext
- Eintragung, Änderung der Rechtsform oder Schließung eines Unternehmens (Registrierungsverfahren und Rechtsformen für geschäftliche Tätigkeiten)
Fachlich freigegeben am
Fachlich freigegeben durch
An agricultural organization shall, at its request, be recognized if it
1. the general recognition requirements of § 3 and
2. fulfils the special conditions for recognition which apply to the applicant agricultural organisation in accordance with Union law, the Agricultural Market Structure Act and this Regulation for certain agricultural organisations or certain product sectors.
Separate recognition is required for each product sector in which an agricultural organisation operates.
- informal application
- the applicable statutes of the agricultural organisation as well as the contracts concluded within the framework of § 10a of the Agricultural Market Structure Ordinance,
- a list of first names and surnames and, in the case of legal persons, the names of all members of the agrarian organisation existing at the time of the application, including their respective addresses;
- proof for each member referred to in paragraph 2 that it meets the membership requirements of the law on agricultural organisations, and
- to enclose proof of compliance with the requirement of § 3 number 1. Insofar as an association of persons that cannot be entered in an official register submits an application for recognition, the association shall, by way of derogation from sentence 2 number 4, attach a certified copy of the contract for its formation. At the request of the competent authority, the agricultural organisation shall provide further information and submit evidence if the documents submitted on the basis of sentences 2 and 3 are not sufficient for the examination of the recognition requirements and insofar as this is necessary for the examination of recognition.
An agrarian organisation must:
1. be a legal person governed by private or public law or an association of persons governed by private law,
2. can trace its creation back to an initiative of its members,
3. have their head office in a country where they
(a) has members; and
(b) carries out an activity that is not merely insignificant in relation to its overall activity, unless it is an interbranch organisation
4. have a written statute which:
-Name
- Headquarters and
- the fulfilment of the recognition requirements can be inferred,
(b) which contains:
- to exercise democratic control by members over the agrarian organization as a whole and the decisions of the agrarian organization,
- membership fees,
- for the proper performance of the tasks,
- for the admission of new members and the termination of membership,
on sanctions for breaches of membership obligations
- to set up branches.
According to § 1 paragraph 4 sentence 5 of the General Schedule of Fees (AllGO) in the current version, the costs of the proceedings are charged according to the time spent.
A decision on the application must be made by decision within four months of the date on which the information and documents required for the examination of recognition have been submitted. In the absence of the required information or documents, the authority shall inform the applicant thereof.
An action against this decision may be brought within one month of notification at the Administrative Court of Oldenburg, Schloßplatz 10, 26122 Oldenburg, either in writing, for the record of the clerk of the registry of this court or in accordance with the Lower Saxony Ordinance on Electronic Legal Transactions in the Judiciary (Nds. ERVVO-Justiz) in the currently valid version by submitting electronic documents.
The action is to be brought against the Lower Saxony Chamber of Agriculture, Mars-la-Tour-Str. 1-13, 26121 Oldenburg.