Bookkeeping
Question
The issue of finances does not play a very major role within our association. We trust each other, with the treasurer making deposits and payments. Are we nevertheless required to keep accounts?
Answer
Since 2008, the legal provisions concerning associations in Article 69a of the Swiss Civil Code (ZGB) have contained the following section:
"The committee shall maintain the association’s business ledgers. The provisions of the Code of Obligations on commercial bookkeeping and accounting apply mutatis mutandis".
The committee is therefore required to maintain accounts. Irrespective of this obligation, it is otherwise also important to handle financial matters in a clean and precise manner even if the amounts in question are not significant. While trust is good, finances, in particular, can quickly become a reason for disagreement. The members have the right to know how the money is being collected and spent and the committee should be in a position to provide information in this regard at all times.
Question
A member wishes to inspect and recheck the complete accounts (balance sheet and income statements) for the last five years of the association's existence. The member is not part of the committee and thus also has no direct access to the accounts. Is it permitted to deny the member access to the accounts? Or, as a rule, do all members have the right to check the complete accounts themselves or at least to view them?
Answer
The provision of Article 802(2) of the Swiss Code of Obligations (SCO) also applies to associations:
"Unless the company has an auditor, company members have unrestricted access to the company books and files. If the company has an auditor, the books and files may be inspected only if a legitimate interest is credibly demonstrated".
If the association has an auditor, the member in question must therefore justify their interest in viewing the accounts. A general need to check the accounts or distrust do not represent relevant reasons.
