Book1 Chapter01 Title02 Part01 No02

GERMAN CIVIL CODE OF 1896

• Based on the English Translation by: Wang, Chung Hui (1907). The German Civil Code, translated and annotated with historical introduction and appendices. London: Stevens and Sons. [available on Archive.org]

BOOK I. General Principles.

Chapter I. Persons.

Title II. Juristic Persons.

Section 55.

• The registration of an association of the kind specified in 21 shall be made in the register of associations in the District Court in whose district the association has its seat.

Section 56.

• Registration should take place only if the number of members amounts to at least seven.

Section 57.

• [I] The articles must state the objects, the name and the seat of the association, and must show that the association is to be registered.
• [II] The name should be readily distinguishable from the names of existing associations registered in the same place or in the same commune.

Section 58.

• The articles should contain provisions;
• (1) Concerning the admission and withdrawal of members.
• (2) As to whether and what contributions are to be made by the members.
• (3) Concerning the constitution of the directorate.
• (4) Concerning the conditions under which meetings of the members shall be called, the form of the notice calling the meetings, and the authentication of resolutions.

Section 59.

• [I] The directorate shall make an application for registration of the association.
• [II] To the application shall be annexed:
• (1) The articles in original and copy.
• (2) A copy of the minutes relating to the appointment of the directorate.
• [III] The articles should be signed by at least seven members, and should contain a statement of the date when the articles were adopted.

Section 60.

• [I] If the application for registration does not satisfy the requirements of 56 to 59, it shall be rejected by the District Court with a statement of the reasons.
• [II] An immediate appeal, according to the provisions of the Code of Civil Procedure, may be lodged against the order for rejection.

Section 61.

• [I] If the application is allowed, the District Court shall communicate it to the competent administrative authority.
• [II] The administrative authority may take objection to the registration (A) if the association is illegal or is liable to be suppressed under the public law of associations, or if it pursues a political, social-political, or religious object.

Section 62.

• [I] If the administrative authority takes objection, the District Court shall communicate the objection to the directorate.
• [II] The objection may be contested by the contentious administrative procedure, or where such does not exist, by the procedure of Rekurs, subject to the conditions specified in 20 and 21 of the Industrial Code.

Section 63.

• Unless the administrative authority informs the District Court that no objection is taken, registration cannot take place until six weeks have elapsed since the communication of the application to the administrative authority and no objection has been taken, or until the objection taken has been definitely rebutted.

Section 64.

• In the registration the name and the seat of the association, the date on which the articles were adopted, and the names of the directors shall be entered in the register of associations. Provisions which limit the power of the directorate to represent the association, or regulate the carrying of resolutions by the directorate otherwise than as provided for by 28, par. 1, shall also be entered.

Section 65.

• Upon registration, the name of the association receives the title “registered association”.

Section 66.

• [I] The District Court shall publish the registration in the newspaper selected for the publication of its notices.
• [II] The original of the articles shall be marked “registered” and shall be returned. The copy is certified by the District Court and filed with the other documents.

Section 67.

• [I] Every change in the directorate, as well as a re-appointment of a director, shall be reported by the directorate for registration. A copy of the minutes recording the change or the re-appointment shall be annexed to the report.
• [II] The registration of directors appointed by the Court is done by the Court of its own motion.

Section 68.

• If a juristic act has been entered into by the former directors with a third party, a change in the directorate may be set up against the third party only if it was registered in the register of associations or known to the third party at the time when the juristic act was entered into. If the change has been registered it does not avail against the third party, if he does not know it and his ignorance is not due to negligence.

Section 69.

• The proof that the directorate consists of the persons named in the register is, as against public authorities, furnished by a certificate of the registration by the District Court.

Section 70.

• The provisions of 68 apply also to provisions which limit the scope of the authority of the directorate to represent the association, or which regulate the carrying of resolutions by the directorate otherwise than as provided for by 28, par. 1.

Section 71.

• [I] Alterations of the articles require to be entered in the register of associations in order to be effective. The alteration shall be reported for registration by the directorate. To the report shall be annexed the resolution containing the alteration, in original and copy.
• [II] The provisions of 60 to 64, and of 66, par. 2, apply mutatis mutandis.

Section 72.

• The directorate shall deliver to the District Court, on demand by the latter at any time, a list of the members of the association.

Section 73.

• [I] If the number of the members of the association falls below three, the District Court shall withdraw juristic personality from the association upon application by the directorate, and if the application is not made within three months, of its own motion after a hearing of the directorate. The order to withdraw juristic personality shall be communicated to the association. An immediate appeal according to the provisions of the Code of Civil Procedure may be lodged against the order.
• [II] The association loses juristic personality as soon as the order ceases to be appealable.

Section 74.

• [I] Both the dissolution of the association and the withdrawal of juristic personality shall be entered in the register of associations. In the case of the institution of bankruptcy proceedings the entry is dispensed with.
• [II] Where the association is dissolved by resolution carried at a members’ meeting, or by the expiration of the time fixed for the duration of the association, the directorate shall report the dissolution for registration. In the former case a copy of the resolution for dissolution shall be annexed to the report.
• [III] If juristic personality is withdrawn from the association under 43, or if the association is dissolved under the public law of associations, the registration is made upon notification by the competent authority.

Section 75.

• The institution of bankruptcy proceedings shall be registered by the Court of its own motion. The same rule applies to the cancellation of the order for the institution of proceedings.

Section 76.

• [I] The names of the liquidators shall be entered in the register of associations. The same rule applies to provisions which regulate the carrying of resolutions by the liquidators otherwise than as provided for by 48, par. 3.
• [II] The report for registration shall be made by the directorate, and in case of later alterations, by the liquidators. To the report for registration of the names of the liquidators appointed by resolution carried at a members’ meeting a copy of the resolution shall be annexed; to the report for registration of a provision relating to the carrying of resolutions by the liquidators a copy of the minutes containing the provision shall be annexed.
• [III] The registration of liquidators appointed by the Court is done by the Court of its own motion.

Section 77.

• The reports for the register of associations shall be made both by the directors and by the liquidators by means of a publicly certified declaration.

Section 78.

• [I] The District Court may enforce the observance by the directors of the provisions of 67, par. 1, 71, par. 1, 72, 74, par. 2, and 76 by exacting penalties. A single penalty cannot exceed the sum of three hundred marks.
• [II] In the same manner the liquidators may be compelled to observe the provisions of 76.

Section 79.

• Any person is permitted to inspect the register of associations and the documents submitted to the District Court by the association. A copy of the records may be obtained; the copy shall be certified on demand.