Membership
Question
Is it admissible for an association to consist of committee members only?
Answer
An association that has no members other than committee members is legitimate, too. In this case, the general meeting consists of the committee members only. It is important that such an association comply with the legal provisions governing associations: It has to convene a general meeting, hold elections, adhere to democratic processes, observe obligations to refrain from voting, etc. For such an association it is particularly important to choose one or two auditors in order to provide supervision and some sort of protection for the executive committee, because the committee cannot relieve itself.
It may be stipulated in the articles of association that the executive committee shall decide on the admission of new members. The executive committee thus determines whether further members are to be admitted or whether membership remains limited to members of the executive committee.
Question
As of when does an association membership enter into effect? Upon the application being submitted? When the membership fee has been paid? After the committee has granted its approval?
Answer
The admission of members is normally governed under the articles of association. Should this not be the case, responsibility for the admission of members lies with the general meeting. The admission of new members is thus to be included in the agenda of the general meeting and submitted to a vote.
It is, however, also permitted to have the committee decide on the admission of members. If the association wants to transfer the relevant authority to the committee, it needs to govern this issue in its articles of association.
Membership generally enters into effect from the moment the member is admitted by the general meeting or the committee.
In the association's articles of association or regulations, however, further details can be formulated, for example that the membership only takes effect following the payment of the membership fee or that it commences or ends with the school or calendar year.
It is important for any association that it is clear at all times who is a member.
