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🏗️ Founding an association and registration in the register of associations

An association with legal capacity only comes into being on registration in the register of associations. Who files, what must be included and how many members are needed.

founding an association register of associations minimum number of members e.V. registration notary founding meeting

In brief

An association can start informally. But it only acquires legal capacity on registration in the register of associations at the Amtsgericht (local court), and may then use "e.V." in its name.

For registration there should be at least seven members. The articles of association should be signed by at least seven members and bear the date of founding. The board files the application to register the association. The signatures on the application must be publicly certified, usually by a notary.

If the number of members later falls below three, the Amtsgericht can withdraw the association's legal capacity.

Step by step

  1. Hold the founding meetingThe founders adopt the articles of association and elect the board. Keep minutes.
  2. Sign the articles of associationAt least seven members sign the articles of association with the date (§ 59 Abs. 3 BGB).
  3. Prepare the applicationThe board files the application. The articles of association and proof of the board's appointment are attached (§ 59 Abs. 1, 2 BGB).
  4. Have the signatures certifiedPublicly certified declaration, also possible by video communication (§ 77 BGB). Then submit it to the Amtsgericht.

Deadlines

at least 7
Members needed for registration to take place.§ 56 BGB
under 3
If the number of members falls below this, the Amtsgericht withdraws legal capacity on the board's application (or of its own motion after three months without an application).§ 73 BGB
Watch out – common mistakes
  • Before registration, anyone acting in the name of the association being formed may be personally liable. So conclude contracts only after registration or with a clear arrangement.
  • "Should" in § 56 BGB means: the court checks the number of seven members. It should be met at the time of application.
  • Registration does not make the association non-profit. The tax office decides that separately.
  • Register fees and notary costs are not documented here; ask the competent Amtsgericht and notary's office for the amount.
In depth · legal basis, figures and practice – for advisers and professionals

Legal capacity

A non-commercial association acquires legal capacity by registration in the register of associations of the competent Amtsgericht (§ 21 BGB). Commercial associations need state authorisation (§ 22 BGB). This page deals only with the non-commercial association.

Application

The board must file the application to register the association (§ 59 Abs. 1 BGB). The articles of association and a copy of the documents on the appointment of the board must be attached (§ 59 Abs. 2 BGB). The articles of association should be signed by at least seven members and state the date of establishment (§ 59 Abs. 3 BGB). Applications to the register of associations are submitted by board members in publicly certified form (§ 77 BGB); certification by video communication is provided for under the Beurkundungsgesetz (Notarisation Act).

Unincorporated association

Without registration the association remains without legal capacity. Advice is sensible on liability towards third parties (not retrieved in detail).

Who is responsible
  • Amtsgericht as registration court (register of associations)
  • Notary's office (public certification)
Further reading
Articles of association: mandatory content and tax requirementsNon-profit status (§§ 51 ff. AO) and exemption notice (Freistellungsbescheid)

Quick questions

Worum geht es bei „Founding an association and registration in the register of associations“?
An association with legal capacity only comes into being on registration in the register of associations. Who files, what must be included and how many members are needed.
Which deadlines and figures matter?
  • at least 7: Members needed for registration to take place. (§ 56 BGB)
  • under 3: If the number of members falls below this, the Amtsgericht withdraws legal capacity on the board's application (or of its own motion after three months without an application). (§ 73 BGB)
What should I do first?
  • Hold the founding meeting: The founders adopt the articles of association and elect the board. Keep minutes.
  • Sign the articles of association: At least seven members sign the articles of association with the date (§ 59 Abs. 3 BGB).
  • Prepare the application: The board files the application. The articles of association and proof of the board's appointment are attached (§ 59 Abs. 1, 2 BGB).
What do I need to watch out for?
  • Before registration, anyone acting in the name of the association being formed may be personally liable. So conclude contracts only after registration or with a clear arrangement.
  • "Should" in § 56 BGB means: the court checks the number of seven members. It should be met at the time of application.
  • Registration does not make the association non-profit. The tax office decides that separately.
Evidence
  • BGB §§ 56, 59, 73, 77, gesetze-im-internet.de, retrieved 20 September 2026
  • BGB § 21, gesetze-im-internet.de (assumed as known, not retrieved separately), retrieved 20 September 2026
As of

September 2026 · Sources and method

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