What formal requirements apply to the invitation to the members' meeting?
August 22, 2022 | 50,00 EUR | answered by Thomas Tressel
Dear lawyer specialized in association law,
My name is Günther Seebauer and I am a board member of a sports club. Important decisions are coming up in our club that should be made at the next general meeting. However, I am unsure about the formal requirements that need to be met when inviting members to the general meeting.
So far, we have always sent the invitations via email, as it is quick and cost-effective. However, I have concerns about whether this form of invitation is legally sufficient. I want to ensure that we meet all legal requirements and avoid any legal issues.
Therefore, I would like to know from you what specific formal requirements apply to the invitation to the general meeting. Are there specific deadlines that need to be met? Do the invitations have to be in writing, or can a verbal invitation suffice? And what information must be included in the invitation for it to be legally valid?
I am worried that we may have made errors in the invitation process, which could potentially invalidate the decisions made at the general meeting. Therefore, I would be very grateful if you could provide me with specific guidance and potential solutions on how we can ensure in the future that we comply with all formal requirements.
Thank you in advance for your support and advice.
Sincerely,
Günther Seebauer
Dear Mr. Seebauer,
I appreciate your interest in the topic of club law and am happy to provide you with my expertise. It is understandable that as a board member of a sports club, you want to ensure that all legal requirements are met when inviting members to the general assembly.
First of all, I want to assure you that you are not alone in your concerns. Many clubs are unsure about the formal requirements for inviting members to the general assembly. In general, the invitation to the general assembly should be regulated in the club's statutes in accordance with § 32 para. 1 of the German Civil Code (BGB). Usually, it is specified how the invitation must be made. If your statutes do not contain specific provisions in this regard, the legal requirements apply.
According to § 58 BGB, members must be invited in writing at least one week before the assembly. It is important that the invitation is accompanied by an agenda listing all items for which decisions are to be made. Additionally, the invitation should specify the location, time, and purpose of the assembly.
Sending invitations via email is generally permissible unless the club's statutes explicitly prohibit it. However, I recommend that the statutes clearly state that electronic invitations are allowed. If this is not the case, decisions made at the general assembly could be contested.
It is important to ensure that all formal requirements are met to avoid legal issues. If you are unsure whether previous invitations were valid, I recommend seeking legal advice before the next general assembly. This way, any potential mistakes can be corrected, and future invitations can be legally sound.
I hope that my explanations are helpful to you and I am available to answer any further questions you may have.
Sincerely,
Thomas Tressel
Attorney specializing in club law
