Starting a club

What is a club? 🤝

A club is a long-term association of natural and/or legal persons pursuing a specific purpose. This purpose is typically non-commercial and can be political, religious, scientific, artistic, charitable, or social. A commercial purpose is allowed as long as the club does not operate a business in a commercial manner.

In contrast, a foundation has no members but is a legal entity that manages assets for a specific purpose.

How to start a club? 🚀

✅ Define the purpose and name: Decide on the club’s purpose and choose a name. The name must be unique and not misleading. Trademark rights must be considered.

✅ Create statutes: The written statutes define the purpose, resources, and structure of the club. They form the legal foundation for the club’s legal personality. ➔ 🔗 Sample statutes from VitaminB

✅ Hold a founding meeting: Members formally establish the club, approve the statutes, and elect club officials (board, possibly an auditor).

✅ Check trade register entry: A club does not need to be registered unless it runs a business in a commercial manner or is subject to audit requirements. However, voluntary registration can enhance credibility.

✅ Further steps:
📌 Get insurance (e.g., liability insurance) 🛡️
📌 Create an online presence 🌍
📌 Handle administrative tasks 📝

Club organization 🏛️

A club operates through its governing bodies:

👥 General assembly: The highest authority, responsible for approving statutes, overseeing other bodies, and dissolving the club.

👨‍💼 Board: This executive body manages the club’s affairs and represents it externally. It should include at least a president, a secretary, and a treasurer.

🧾 Auditor (optional): If required, an auditor reviews financial records. Larger clubs or member requests may trigger an audit.

Legal framework ⚖️

A club becomes a legal entity once it has written statutes defining its purpose, resources, and structure. The club’s assets are solely responsible for its liabilities unless personal liability is stated in the statutes.

Advantages of a registered club ✅

📌 Increased credibility with authorities and partners
📌 Better cooperation opportunities with organizations and businesses
📌 Legal security

Membership and rights 🏅

👨‍👩‍👧‍👦 Natural and legal persons can become members.
📜 The statutes define admission criteria and fees.
❌ Members are not personally liable unless specified in the statutes.

Club dissolution 🛑

A club can be dissolved by member decision or by law (e.g., insolvency). Upon dissolution, the club enters a liquidation phase where liabilities must be settled. 💸
💡 Tip: When founding a club, consider what happens to assets and materials in case of dissolution—this can be defined in the statutes.

Summary 📜

Establishing a club is a structured process, from defining its purpose to organization and optional registration. Compliance with legal requirements ensures the club functions as a stable and operational entity.