Setting up a Nonprofit Association in Germany

Founding an Association in Germany

Legal advice on establishing an association (e.V.)

Often, individuals band together to bring a common idea to life by establishing an association/a club. However, the process of founding an association necessitates strict adherence to a multitude of association law and tax law regulations in Germany. Moreover, it’s important to meticulously design the framework conditions, keeping future developments in mind, to ensure the smooth and conflict-free operation of the association.

Establishing an Association in Germany | Law Firm

Setting up an association: Is the e.V. legal form appropriate?

Before establishing an association, it’s essential to ensure that your project aligns with the association law guidelines for a nonprofit association. If the project leans heavily towards economic activity, it may be prudent to consider a different legal form to circumvent potential future disagreements with the association register.

It’s always recommended to seek advice at the earliest when considering establishing an association. Early consideration of the suitable legal form can help avoid complications and the need for restructuring.

Significance of the articles of association

Considering establishing an e.V.? The articles of association warrant special attention during the formation process as it lays the groundwork for a successful club life. The constitution should be thoughtfully drafted and legally reviewed prior to the founding meeting.

In addition to the association law guidelines, if the club aims to engage in charitable activities, the legal requirements for formal constitutionality must be adhered to. The constitution should also encapsulate the founding members’ vision for the future of the association. It should be as concise as possible, yet as detailed as necessary.

Successful e.V. creation: Early coordination with German tax authorities and association register

To avoid unpleasant surprises post-club formation, we contact the tax office and the responsible club register at the earliest. We ensure the compliance with nonprofit law and association law guidelines with the authorities. This guarantees the successful formation of your association and spares you from having to revise the statutes. If you’re aiming to successfully establish an e.V., we’ll support you in the subsequent steps (e.g., founding meeting, founding protocol) to ensure the process is both swift and legally secure.

Our legal services for founding an association in Germany

We’re delighted to support you in your project and assist with any queries related to the creation of your club. When forming an association, we examine potential structures. For instance, a subsidiary company (GmbH or UG) can be established initially for an intended economic activity of the club. Part of our founding consultation, therefore, involves a proactive perspective on future projects, providing you with insights for possible structures.

Alongside drafting the articles of association and coordination with the authorities, we also handle:

Founding an association in Germany at a fixed price

In order to support you in setting up a German registered association, we prepared three different packages. We offer all of the following services in English or German.

Basic

  • 15-minute short initial call to clarify the facts and discuss our cooperation (if it turns out that chosen package is not suitable: rebooking to other package possible)
  • 1 hour telephone consultation for detailed discussion of the facts and circumstances as well as your wishes and goals
  • If Orientation Plus Package was booked in advance: Discussion of the statement and its results
  • Detailed guide for establishing the German registered association: i.e. description of the specific steps necessary for the establishment of the association 
  • Drafting of bilingual (German/English) articles of association for the association to be founded based on the client's specifications, including 2 work loops (further work loops on an hourly rate basis or after upgrading to Founder Package or All inclusive Package)
  • Telephone conference to discuss the outcome (guideline/articles of association) and the next steps to be taken (max. 2 hours)
     
  • We offer this service at a fixed price. Please contact us for more information about pricing.

Founder

Includes all services of the Basic Package, as well as:

  • Assistance in the complete establishment of the registered association. This includes the following services:
  1. Making adjustments to the draft of the articles of association, if necessary (2 work loops incl. 2 telephone conferences of 1 hour; further work loops based on hourly rates)
  2. Request for a preliminary review of the final draft of the articles of association by the German tax authorities for the purpose of recognizing the association as a tax-exempt organization (2 work loops; further work loops based on hourly rates)
  3. Registration with the German register of associations
  4. If necessary, registration in the foreigners' association register
  5. If necessary, appointment of special representatives
  • After founding of the entity, request of determination letter (so called “determination of compliance with statute-related preconditions”) from the tax authorities according to Section 60a German Fiscal Code 
  • 1 hour final consultation by phone
     
  • We offer this service at a fixed price. Please contact us for more information about pricing.

All inclusive

Includes all services of the Basic Package and the Founder Package, as well as

  • Tax registration, opening balance sheet
  • Setting up nonprofit accounting plus 10% discount on nonprofit accounting in the first year and 5% in the second year after establishment
  • Setting up payroll accounting plus 10% discount on payroll accounting in the first and 5% in the second year after establishment
  • Managing director service contract (2 work loops) 
  • Business address (PO box) with postal service at our office for the first 12 months
  • Annual status consultation for the first 2 years
  • Discounts on the available add-ons (see below)
     
  • We offer this service at a fixed price. Please contact us for more information about pricing.

Add-ons

  • Supervised foundation event
    Celebrate the foundation of your association in the offices of our law firm. The offer includes the preparation of the foundation report.
  • Recruiting by WINHELLER
    Benefit from the years of experience of our HR team! We help you find the right personnel for your organization. 
  • Legal and tax advisory services at an hourly rate
    We are happy to offer you any additional legal or tax services at a fair rate, e.g. assistance in setting up a German bank account.
  • Business address with us
    Register your Business address (PO box) with postal service at our office in Frankfurt/Main.

Contact us at +49 69 76 75 77 80 or info@winheller.com!


No package fits your needs? Your case is so individual that we cannot provide optimal coverage with our package offers? We are as individual and flexible as you need us to be: Of course, you are more than welcome to book us at our usual hourly rates right from the start in order to book individual services. Just get in touch with us!

Your attorney for founding an association in Germany

Have you made the decision to establish a club or form an association in Germany? Your contact persons for association law can be easily reached via e-mail (info@winheller.com) or by phone (+49 69 76 75 77 85 24).

Do you need support?

Do you have questions about our services or would you like to arrange a personal consultation? We look forward to hearing from you! Please fill in the following information.

Or give us a call: +49 69 76 75 77 85 24
 

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