Swiss Verein

In the jurisprudence of Switzerland association law refers to a field of law that deals with the creation and organization of associations. Clubs are in Switzerland ( fr. Associations, Associations it. ) By far the most widely used form dar.

The statutory provisions relating to the clubs, can be found in the Civil Code (CC ) (Art. 60 ff).

• 4.1 Admission (Art. 70 )
• 4.2 Membership fees and liability ( Article 71, 75a )
• 4.3 resignation, expulsion (Art. 70, 72)

History

The voluntary sector was created in Switzerland in the 18th century and in the following century experienced a first major upswing, although the association was not guaranteed by the government. In the 19th century next to workers, women and foreigners organizations, the first Federal associations were founded, who acted as organizers since then regularly held Federal holidays.

In spite of today's media age, the clubs have been able to maintain their political and socially integrative meaning. About half of the population over fourteen years have members in at least one of eighty to a hundred thousand clubs. The wide dissemination of club form it owes the rights guaranteed in the Constitution, freedom of association and the association autonomy, which allows members to give themselves without official approval its own statutes.

If people in Switzerland meet regularly and equally strive for a common ideal goal, they are uniting a club to proclaim this to the public. Half of all clubs are sports clubs, and there are clubs in the cultural, social, political and economic fields.

Foundation and Statutes

An association consists of at least two ( preferably three ) members. A not primarily oriented to economic activity club retains its legal capacity when the founding meeting has drawn up and adopted a written charter; an association for economic purposes is quite capable with the entry in the commercial register. The bylaws of the association must provide information on the purpose of the financial resources and the organization of the association information. Its provisions must not contradict the provisions stipulated in the Civil Code.

If something is not prescribed by the Civil Code, the association in the design of the statutes is free. Absence in the statutes of information about the organization or information about the relationship between the association and its members, is terminated, the provisions of the Civil Code in force ( Article 63 ). The purpose of the association referred to in the Articles of Incorporation may be amended only by a unanimous vote of all club members (Art. 74).

Organs

Each club must consist of the members and of the Executive Board. Other organs ( such as auditing, accounting, membership management, and others) can be prescribed in the Statutes.

Is not there one of the measures provided for by the statutes or the law association bodies, a member or a creditor whose appointment by the court can demand (Article 69c ).

Association meeting (Art. 64-68 )

The Assembly of club members is the supreme body. It elects the Executive Board and the other institutions. The Assembly is convened under proviso of the Statutes of the Association by the Board. According to the Civil Code may at any time convene a general meeting but a fifth of the club members. Each member has an equal vote, and decisions are taken by a majority vote of the members present.

If an agenda item has not been announced to the members in due time, may not be voted on, unless the statutes expressly provide it.

Tasks of the General Assembly are:

• Decisions in all matters that are neither transmitted to the Board nor the other institutions (so-called club decisions)
• Admission and exclusion of members
• Election of Directors and possibly other organs
• Supervision over the activities of all organs
• Each Early dismissal of the board and other institutions

If all members agree to a request in writing, has the same effect as a decision of the General Assembly.

Article 68 regulates the right to vote, if the Assembly decides on a transaction or a dispute between a member or his relatives.

Board of Directors

The Executive Committee has the duty to conduct the Association's business and to represent the Association externally. Its powers are defined in the statutes of the association.

Responsibilities of the Board are:

• Management of the association
• Keeping records of income, expenditure and asset position

Auditors ( Article 69b )

The articles of association or the General Assembly decide to be tested the way the finances of the club.

If true two of the following conditions in two consecutive financial years, the club must be examine the finances mandatory by an auditor:

Membership

With the entry membership begins at the club. This is neither negotiable nor heritable (Art. 70 ). Each member may appeal against decisions which violate the statutes or laws, court within one month. Requirement is that the member has not previously agreed to the decision ( Art. 75 ).

Admission (Art. 70 )

Admission to the club can, but need not, at any time. The statutes may require that new members are added at specific times. Likewise, the board or any member may be authorized to accept new members.

Membership fees and liability (Art. 71, 75a )

If the articles so provide, financial contributions by the members may be required. When members of the association's assets are liable, this liability must be enshrined in the statutes. Before the introduction of Article 75a members only liable within the framework of its members contributions. But no membership fees have been set, they stuck with their private assets to the assets of the association.

With funding obligation or personal liability of the member for the Association's assets, the member may examine the records of the association (Art. 69b ).

Resignation, expulsion (Art. 70, 72)

Any member may resign by law at the end of the calendar year when he announced the withdrawal by a six-month period. When a management period provided by the statute, the exit to the end of this period can take place.

The statutes prescribe, for any reason a member can be expelled. The articles of incorporation may also provide that a member without giving reasons can be excluded. Unless the articles of association contain no provisions in this regard, the exclusion can only be done by club decision and for important reasons.

Entry in the Register (Article 61)

Once a club has created statutes and elected the Executive Board, it can be registered in the commercial register. This registration is necessary as soon as the club operates a commercial commercial nature, or if the club must prove, for example, over another company (organization, partner organization, etc. ) that the club exists. The entry in the Register is also necessary if he is subject to revision ( see above).

When registering the association's statutes and a list of board members can be stored. Likewise, inlets and outlets must be reported to the Commercial Register.

Dissolution of the association (Art. 76-78 )

The Association may be dissolved at any time by association decision. If the association is insolvent or if the board according to the statutes can not be ordered, the Association may be dissolved by the court.

The association can also be resolved in court, if the purpose of the association is illegal or immoral.