Executive Board and to the Articles of Association
Process
If a new member of the executive board is elected or the articles for the association are changed, then the board of directors must register these changes with the register of associations. In this case, the entire board does not necessarily have to act; instead the signature of the board in authorized numbers is sufficient. The signatures of the executive board members, under the application to the register of associations, require notarial certification.
The reelection of an executive board member must not be registered, unless they have changed their function (for example: the treasurer becomes the chairperson).
Please note that in the event of a change in the articles of association, the amended articles of association, in the association protocol or an amendment to it, which must also be signed by the recording secretary, are to be reproduced verbatim. Furthermore, a copy of the current articles of association must be submitted to the register of associations.
Checklist
To register changes to the executive board and the articles of association, the notary requires the following information and documents:
Amendments to the Articles of Association
- Copy of the minutes of the members’ general assembly meeting, containing the old as well as the new articles of association, and signed by the recording secretary,
- Complete articles of association text, in which the changes to be registered have already been incorporated,
- Names of the members of the executive board that signed the association registration application,
- Current address for the association
Executive Board Changes
- Copy of the minutes of the members’ general assembly meeting, signed by the recording secretary,
- Name of the departing board members, as well as the name, date of birth, address and function for the newly elected executive board members,
- Names of the executive board members that signed the association registration application,
- Current address for the association
Costs
Notary fees cannot be levied or negotiated at the will of the notary; they are strictly regulated by law. Decisive is the Court and Notary Fees Act that applies throughout federal territory. Therefore, the same fees are always charged by each notary for the same notarial activity.
The notarization fees are based on the so-called commercial value, and for changes to the executive board and the articles of association is that thus the association’s asset amount. In the above-mentioned fees, the costs for consultation and draft creation as well as changes are included. In addition, there are usually some additional small expenses for copies, postage and telephone as well as the statutory value-added tax.
As long as the assets of the association – as usually the case – are nominal, the notary sets the cost calculation to an adjustment value of 5,000.00 EUR, for each matter to be registered in the register of associations. The notary fees for the formation of an association are thus commonly amount to a net amount of at least 65.00 EUR.
