Can an organization run without a statute

Foundation of an association

General information

The law divides the formation of an association into two phases: the Establishment and the Creation of the association.

Establishment of the association

An association is established through the agreement of statutes (founding agreement). The founders or the organ representatives already appointed must notify the association authority in writing of the establishment of the association.

Creation of the association

The authority then checks the statutes for compliance with the law. If the examination procedure is positive, the association may start its activity.

requirements

For the establishment of an association, the agreement of Articles of Association (founding agreement) by at least two people required.

The articles of association must be clearly formulated and written in German.

Association founders can be natural or legal persons. Natural persons do not need Austrian citizenship to found an association.

The organization of the association is up to the founders and the association bodies appointed to later decide on changes to the statutes within the framework of the law.

Deadlines

When the notification of establishment is received by the responsible association authority, a period of four weeks to run. If an initial examination of the statutes presented has indicated that the association could be illegal in terms of its purpose, name or organization, the authority may, if this is necessary to examine these questions in the interest of a proper investigation, the stated deadline with a notice on six weeks at the most extend.

Within the four- or six-week period, the authority can issue a declaration that the establishment of the association is not permitted. Such a decision must be issued by the end of the last day of the period mentioned. The notification is also deemed to have been issued in good time if an attempt has been made to deliver it to the delivery point specified in the notification of establishment within the specified period.

If the authority does not declare the founding of the association to be illegal within four or six weeks, the association will be created as a legal entity upon expiry of this period.

If the authority issues an invitation to start the association's activities before the deadline has expired, the association is created when this notification is sent.

Competent authority

The association authority that is locally responsible for the association's headquarters:

Procedure

The establishment of an association must be reported to the association authority in writing.

A notification of establishment is required - signed by the founders or the representatives already appointed.

A copy of the association statutes drawn up beforehand must be enclosed with the signed notification of establishment.

If the documents are incomplete, the authorities will ask you to submit the missing documents. If there are other deficiencies (e.g. risk of confusion with an existing club), the authority will also request that the deficiency be remedied, setting a reasonable deadline.

The authority checks the statutes to ensure that they conform to the law. Should the association be unlawful in terms of its purpose, name or organization, the association authority shall issue a notification that the establishment of the association is not permitted.

If the examination procedure is positive, the association may

  • after expiry of the four-week period or, if necessary, an extended period of six weeks or
  • before the end of this period, if an express invitation to start the association is issued with notification (formation of the association),

take up its activity and is considered a legal person.

The association authority enters the relevant data of the new association in the local association register. These data then appear in the Central Register of Associations (ZVR). The association authority transmits to the association

  • an informal invitation to start the association or (if applicable on application the association's founders or the already appointed organ representatives) a notification of the invitation to take up the association's activities,
  • a free copy of the statutes now in force and
  • a free first extract from the Central Register of Associations.

Required documents

  • Display of the establishment of the association
    signed by the founders of the association or the representatives already appointed and with the following information about the persons mentioned:
    • First and Last Name
    • Date of birth
    • place of birth
    • Delivery address
  • A copy of the statutes
  • If necessary, notification of the appointment of the organ representative (election notification)

Already Appointed organizational representatives are also obliged to comply with their statutes function and the Time of your order to communicate. If already available, the association's address for delivery must also be given.

costs

  • For the advertisment: EUR 14.30 federal fee
  • Additional supplement fees (for attached statutes): 3.90 euros per sheet (max. 21.80 euros)
  • Copy of the current statutes and first extract from the register of associations: Toll-free
  • For the notification of the invitation to take up the association's activities upon request:
    • Positive: 6.50 euros federal administration tax
    • Cons: free of charge

The fees are due after the procedure has been completed. A payment slip is usually sent for this purpose.

Additional Information

For actions on behalf of the association before its formation, the actors are personally jointly and severally liable (joint and several debtors). Rights and obligations that were established in the name of the association by founders or already appointed organizational representatives become effective for the association with the formation of the association without the need for approval by the association's organs or creditors.

The appointment of the organ union representatives must - if this has not already been done when the association was founded - within one year of the formation of the association; this period can be extended upon application.

Legal bases

Sections 3, 11, 12, 13 of the Association Act (VerG)

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Last updated: February 15, 2021

Responsible for the content: Federal Ministry of the Interior