🛡️ Board, liability and insurance
In brief
The board represents and runs the association. Anyone on the board who works unpaid or receives at most €3,300 a year is liable to the association only for intent or gross negligence. Until 2025 the limit was €840.
If third parties make a claim against such a board member, they can demand to be released from the claim by the association, except in cases of intent or gross negligence. The same privilege applies to members who act for the association (§ 31b BGB).
Association liability insurance protects the association. Board members personally are better protected by D&O insurance. According to volunteering portals, the state volunteer insurance schemes mostly do not cover board members and association members.
Step by step
- Check the remunerationIf it is above €3,300 a year, the liability privilege does not apply.
- Document tasks and resolutionsCareful minutes help to rule out intent or gross negligence.
- Clarify insurance needsAssociation liability, accident insurance, possibly D&O, financial loss cover.
- Check statutory accident insuranceVolunteer office-holders in non-profit organisations can take out voluntary statutory accident insurance (§ 6 SGB VII).
Deadlines
- The privilege applies internally. Towards third parties the board is liable under the general rules; but it can demand release from the association.
- Tax liability of the board (for example for unpaid payroll tax) is a separate topic and not checked here.
- Association liability and D&O are different products. Check who is insured and whether financial losses are covered.
- State group contracts are fallback solutions and often do not cover board members. Ask the relevant state for current terms.
In depth · legal basis, figures and practice – for advisers and professionals
Liability privilege
Members of governing bodies or special representatives who work unpaid or receive remuneration for their work that does not exceed €3,300 a year are liable to the association for damage caused in performing their duties only for intent or gross negligence; this also applies towards association members. The burden of proof lies with the association or the member concerned (§ 31a Abs. 1 BGB). If they are liable in damages to third parties, they can demand release from the liability unless there was intent or gross negligence (§ 31a Abs. 2 BGB). § 31b BGB extends this to association members. The increase from €840 to €3,300 stems from the Steueränderungsgesetz 2025 (law firm information).
Statutory accident insurance
§ 2 SGB VII lists certain volunteers (including those working for public-law bodies) as insured by law. § 6 Abs. 1 Nr. 3 SGB VII allows elected or appointed volunteer office-holders in non-profit organisations to insure voluntarily; the organisation can submit the application.
Private insurance
According to volunteering portals, association liability insurance protects the association, not the board member in the event of personal liability. Broker websites are documented here only to a limited extent as neutral.
A question about your situation that this page does not answer? Write to us or use the contact form – we will tell you which office is responsible and what to bring. Free of charge, without individual legal advice.