Can a club act legally without being registered in the club register?
July 14, 2024 | 40,00 EUR | answered by Thomas Tressel
Dear lawyer specializing in association law,
I am Tatiana Meier and I am the director of a non-profit association that is dedicated to environmental protection in our region. We have neglected to register our association in the association register and are now unsure if we can legally operate. We have already carried out numerous projects, collected donations, and formed partnerships with other organizations. Now we are concerned that all our efforts may be invalid because we are not registered in the association register.
Our current situation is that we are actively operating as an association and have already carried out numerous activities, but we are not yet registered in the association register. We want to ensure that we are acting legally and that our activities cannot be contested in the future. Therefore, we have the following questions: Can an association operate legally without being registered in the association register? What consequences could it have for us that we are not registered in the association register? Are there possible solutions to clarify our legal situation and potentially register retroactively?
Thank you in advance for your support and advice.
Sincerely,
Tatiana Meier
Dear Mrs. Meier,
Thank you for your inquiry and your trust in my expertise in the field of association law. It is understandable that you are concerned, as you have so far neglected to register your association in the association register. I will try to answer your questions as comprehensively as possible.
First of all, it is important to know that an association can act legally even without registration in the association register. Registration serves primarily for transparency and legal certainty, but is not a mandatory requirement for the legal validity of an association. Your association can therefore continue to be active, carry out projects, collect donations, and enter into cooperations, even if it is not registered in the association register.
However, registration in the association register also has some advantages. For example, through registration, the representation power of the board is clearly regulated outwardly and the liability of the association members is limited. In addition, a registered association enjoys a certain legal certainty and credibility towards third parties.
The fact that your association is not yet registered in the association register could have consequences. On the one hand, contracts that your association has entered into may be contested, as the representation power of the board is not clearly regulated. On the other hand, liability issues could arise in case of legal disputes.
To clarify your legal situation and possibly make a retroactive registration, I recommend that you urgently consult a lawyer specializing in association law. They can assist you in taking the necessary steps to make your association compliant with the law and possibly carry out a retroactive registration in the association register. It is important that you seek professional advice in this matter to minimize potential legal risks.
I hope that my response was helpful to you. If you have any further questions or need assistance, I am at your disposal.
Best regards,
Thomas Tressel, Lawyer specializing in association law
