Register of associations; application for registration

The entry in the register of associations must be registered with the competent register court.

The association acquires legal capacity when it is entered in the register of associations. It can, for example, conclude contracts, be entered in the land register as the owner or hire employees. Only the (legally capable) association itself is entitled and obligated from such legal transactions, not its members. Only the association's assets are liable for debts and other liabilities. Legal capacity is an important advantage for the association, for example with regard to liability law.

Certain transactions and facts relating to the association are recorded in the register of associations. In particular, the name and registered office of the association, its management board, the date on which the articles of association were established, any special regulations on the representation of the association and the dissolution of the association must be entered. In addition, all changes to the articles of association and board of directors must be entered in the register.

By being entered in the register, the association subjects itself to limited public scrutiny. This is the price for the legal capacity associated with registration. However, the court can and may only review entries within narrow limits. For example, the registry court only has to review the provisions of the articles of association for their compatibility with mandatory legal provisions, but not for their expediency.

An essential task of the register is to make the facts and legal circumstances of the association that are important for legal transactions accessible to outsiders, thereby increasing the security of legal transactions. For this reason, circumstances that are important for the association's legal relationships with third parties, such as the management board and the details of its power of representation, must be entered in the register. A third party can claim against the association that a board member entered in the register is still in office and has therefore acted with legal effect on behalf of the association, unless they were aware of the change. Changes to the board of directors should therefore always be submitted to the register of associations as soon as possible.

You can find more information on associations with legal capacity in the brochures "Der eingetragene Verein" and "Vereinsrecht - Rund um den eingetragenen Verein (e. V.)", which you can download free of charge from the Bavarian state government's administration portal (see "Further links").

In Bavaria, the local courts that are also responsible for keeping the commercial register are responsible for keeping the register of associations. A list of the register courts responsible for the respective local court districts can be found under "Register of associations, inspection" under "Related topics".

The executive board is obliged to register with the register of associations. The registration must be made by means of a publicly notarized declaration, i.e. the declaration must be made in writing and the signature of the person making the declaration must be publicly notarized, i.e. usually by a notary.

If you wish to register an association in the register of associations, you will need the following publicly notarized declarations:

• a copy of the dated articles of association signed by seven members and
• a copy of the founding minutes, which contain the appointment of the board members.

Fees are charged for entries in the register of associations in accordance with the Act on Costs of Voluntary Jurisdiction for Courts and Notaries (GNotKG).