Practice Group Law of Associations and Federations
LUTZ | ABEL advises associations and federations of all kinds. This applies in particular to associations in the organizational form of a large association with subdivisions or as a tiered association with several levels. Our clients also include corporate members and natural persons as members of such associations and federations. Furthermore, we provide advice to board members and other officers in facultative bodies of associations and federations.
Our advice covers all areas of the law governing associations and federations. This includes the foundation of the association or the extension of existing structures. Furthermore, the legal support concerns ongoing questions of organizational law – e.g. amendment of the statute or carrying out a reformation – as well as the execution of recurring internal acts (such as assemblies, elections and meetings) up to the assertion and enforcement of rights before arbitration courts or the ordinary courts. In the run-up to disputes, we act as expert consultants. In addition, our experts can be appointed as arbitrators.
Our services regarding the law of associations and federations
- Choice of legal form for the establishment of an association in distinction to a gGmbH or foundation
- Drafting of articles and by-laws of the association, especially for shaping the membership or governance structure
- Creation of facultative bodies and alignment of their tasks with the board of directors and the general meeting
- Advice to the board of directors or other members of executive bodies on their rights, duties and options for shaping the structure of the association
- Defense against or prosecution and enforcement of claims for damages against board members or members of other governing bodies
- Measures to avoid liability; establishment of a proper compliance management system
- Conflicts between members and the association or its executive bodies
- Assertion of information claims and control rights of members/member associations or defense of the board of directors against member complaints
- Exclusion of members from the association or defense of members against exclusion measures, including enforcement or defence of the corresponding claims within the framework of interim legal protection
- Organization of general meetings in presence or as virtual meeting (online meeting)
- Neutral chairing of meetings in conflictual general meetings
- Actions for rescission against resolutions of the general meeting
