Law on the regulation of public associations law (Vereinsgesetz)

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VereinsG

Date of completion: 05.08.1964

Full quote:

" Vereinsgesetz vom 5. August 1964 (BGBl. 593), as last amended by Article 2 (29) of the Law of 1 April 2015 (BGBl. I p. 434).

Status:

Last amended by Art. 2 Abs. 29 G v. 1.4.2015 I 434

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.1.1975 + + +) 

  

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Input formula

With the approval of the Federal Council, the Bundestag has adopted the following law:

First section
General provisions

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§ 1 Freedom of association

(1) The formation of associations is free (freedom of association). (2) For the purpose of safeguarding public security or order, associations which abuse freedom of association can only be established in accordance with the provisions of this Act. Unofficial table of contents

§ 2 Concept of the association

(1) The association within the meaning of this Act is, without regard to the legal form, any association to which a majority of natural or legal persons voluntarily join together for a longer period of time for a common purpose and one (2) Associations within the meaning of this Act are not

1.

political parties within the meaning of Article 21 of the Basic Law,

2.

Political groups of the German Bundestag and the parliaments of the Länder.

3.

(dropped)

Second section
Prohibition of clubs

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§ 3 Prohibition

(1) An association may not be treated as prohibited (Article 9 (2) of the Basic Law) until it is established by the prohibition authority that its purposes or its activities are contrary to the criminal laws or that it is opposed to the law of the constitutional order or the idea of international understanding; the dissolution of the association is to be arranged in the order (prohibition). With the ban is usually the seizure and confiscation

1.

of the club's assets,

2.

of claims by third parties, insofar as the confiscation is provided for in Section 12 (1), and

3.

of third parties, in so far as the person entitled has intentionally promoted the unconstitutional aspirations of the association by the transfer of the goods to the association, or where the goods are intended to promote such endeavours,

(2) The prohibition authority is

1.

the supreme state authority or the competent authority of associations and sub-clubs according to national law, the recognizable organisation and activity of which shall be restricted to the territory of a country;

2.

The Federal Minister of the Interior for clubs and sub-clubs, whose organisation or activity extends beyond the territory of a country.

The supreme state authority or the competent authority in accordance with the law of the country decides in consultation with the Federal Minister of the Interior if the prohibition is directed against the association of an association, for the prohibition of which according to the first sentence of the first sentence of the Federal Minister of the Federal Republic of Germany Interior is responsible. The Federal Minister of the Interior decides, in consultation with the authorities, who would have been responsible for the prohibition of sub-clubs in accordance with the first sentence of the first sentence. (3) The prohibition extends, if not expressly limited, to all the organizations which are responsible for the prohibition of the The association is incorporated in such a way that, according to the overall picture of the actual circumstances, they appear as an outline of this association (sub-organizations). The prohibition shall apply to non-territorial suborganisations with their own legal personality only if they are expressly designated in the prohibition order. (4) The prohibition shall be written or electronic with a permanently verifiable signature. In accordance with Section 37 (4) of the Administrative Procedure Act, to establish and to establish the association, in the case of the second sentence of paragraph 3, also to the sub-organizations. The operative part of the prohibition shall be published in the Federal Gazette (Bundesanzeiger) and thereafter in the official newsletter of the country in which the association or, if the prohibition is limited thereto, the association has its registered office; prohibitions pursuant to § 15 shall be prohibited only in the Federal Gazette (Bundesanzeiger). The prohibition shall be effective and enforceable at the latest with the notification in the Federal Gazette at the latest; § 80 of the Administrative Court Regulations shall remain unaffected. (5) The prohibition authority may also prohibit the prohibition of acts of members of the association. , if:

1.

there is a connection to the activity in the association or to its objective,

2.

the actions are based on an organized form of will, and

3.

according to the circumstances, is to be tolerated by the association.

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§ 4 Investigation

(1) The prohibition authority may, for its investigation, use the assistance of the authorities and departments responsible for the maintenance of public security or order. Requests for investigations by the Federal Minister of the Interior shall be addressed to the competent supreme state authority. (2) If the Prohibition Authority or a body requested in accordance with the first sentence of paragraph 1 holds a judicial hearing of witnesses, a seizure of If evidence or search is necessary, it shall submit its applications to the administrative court in whose district the act is to be carried out. The judicial orders or measures shall be taken by the chairman or a member of the court designated by him. (3) For the judicial hearing of witnesses, Section 98 of the Administrative Court of Justice shall apply. (4) For the seizure of § § 94 to 97, 98 (4) and § § 99 to 101 of the Code of Criminal Procedure shall apply in accordance with the provisions of the Code of Criminal Procedure, which may be of significance as evidence. If there is sufficient evidence that a search will result in the finding of such evidence, the search for the rooms of the association and of the rooms, the objects and the person of a member or the hindman of the association may be carried out. shall be arranged. In the case of other persons, the search shall be admissible only for the seizure of certain evidence, and only if facts indicate that the matter sought is in their custody. § § 104, 105 (2) to (4), § § 106 to 110 of the Code of Criminal Procedure shall apply accordingly. (5) In the event of danger in default, the Prohibition Authority or a body requested in accordance with the first sentence of paragraph 1 may also seize a seizure, with the exception of the seizure in accordance with § 99 of the Criminal procedure, or a search. The provisions of paragraph 4 and section 98 (2) sentences 1 and 2 of the Code of Criminal Procedure shall apply accordingly. Unofficial table of contents

§ 5 Enforcement of the prohibition

(1) Insofar as the prohibition under this Act is not to be carried out by the Prohibition Authority itself or by the authorities appointed by it pursuant to Section 10 (3) and § 11 (3), it shall be carried out by the authorities designated by the Land Government. (2) Follows to the Prohibition of a sub-club before it becomes indisputable, a prohibition of the whole association, which includes the partial association, is only to be carried out from that date on the prohibition of the whole association. Unofficial table of contents

§ 6 Feeding of the Prohibition Enforcement

(1) Where a measure is challenged to apply the prohibition and whether the prohibition is lawful, the Administrative Court shall, where there is doubt as to the legality of the prohibition, suspend the procedure until such time as: the prohibition is indisputable and must be based on the outcome of its decision. (2) The opposition and the action taken against measures to implement the prohibition shall not have suspensive effect. Unofficial table of contents

Section 7 Unquestionability of the prohibition, registration in public registers

(1) If the prohibition has become indisputable, its operative part shall be published again with reference to the indispentability in the Federal Gazette and in the notification sheet referred to in § 3 (4) sentence 2. (2) Is the association or a If a partial organisation is entered in a public register, it shall be entered on the notice of the prohibition authority
the seizure of the club's assets and their repeal,
the appointment and dismise of managers (§ 10 para. 3),
the dissolution of the association after the ban has become indisputable, and
the erasing of the association. Unofficial table of contents

§ 8 Prohibition of the formation of replacement organisations

(1) It is forbidden to form organizations that pursue unconstitutional aspirations (Article 9 (2) of the Basic Law) of a club prohibited by § 3 of this law (replacement organizations) or existing ones (2) A substitute organisation which is an association within the meaning of this Act may, for the purposes of administrative implementation of the prohibition contained in paragraph 1, only be made available on the basis of a special where it is established that they are the replacement organisation of the prohibited association is. § § 3 to 7 and 10 to 13 shall apply accordingly. Objection and challenge against the disposition shall have no suspensive effect. The authorities and departments responsible for the maintenance of public security or order shall be entitled to take provisional measures in the event of danger in default if the prohibition authority does not comply with the provisions of sentence 1 within two weeks. Certain conditions are met. Unofficial table of contents

§ 9 ban on trade marks

(1) The prohibited association shall not be allowed to apply for the duration of the enforceability of the prohibition.

1.

public, in a meeting, or

2.

in writing, sound or image media, illustrations or representations which are disseminated or intended for distribution,

shall be used. (2) The hallmarks referred to in paragraph 1 are, in particular, flags, badge marks, uniforms, etc. Paroles and greetings. The marks referred to in the first sentence shall be equal to those which are similar to them for confusing. (3) Paragraph 1 shall apply in accordance with the distinguishing marks of a prohibited association which is essentially the same in the form of other non-prohibited sub-organizations (4) These provisions shall also apply to the use of the registration number of a replacement organisation for the duration of the enforceability of a service pursuant to § 8 2 sentence 1.

Third Section
Seizure and confiscation of the assets of prohibited associations

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§ 10 Property seizure

(1) The seizure (§ 3 para. 1 sentence 2) has the effect of a prohibition of divestment. Legal transactions which contravene the prohibition of sale are void, unless the other part did not know nor had to know that the subject-matter to which the transaction relates is subject to seizure. The seizure also covers the items which the association has transferred to a third party to a faithful person or which a third party has acquired as a trustee for the association. In the cases of sentence 3, the provisions in favour of those who derive rights from a non-authorized person shall apply accordingly. (2) On the basis of the seizure, things may be held in the custody of the association and on the basis of a special arrangement. Matters shall be ensured in the custody of third parties. To the extent that it requires the purpose of ensuring, spaces may also be entered and closed doors and containers open. The application of direct compulsion shall be permitted without prior threat or a time limit, if otherwise the freezing would be endangered. § 99, 100 and 101 (3) to (8) of the Code of Criminal Procedure shall apply in accordance with the provisions of Section 99 of the Criminal Procedure Code. Measures in accordance with the fourth sentence and the search for apartments shall only be ordered by the administrative court in whose district the acts are to be carried out. Orders in accordance with the fifth sentence shall be taken by the chairman or a member of the court designated by him. (3) The prohibition authority may appoint and discontinue the seizure of assets seized by the seizure. The administrators are subject to the instructions of the Prohibition Authority. (4) The members of the Management Board are obliged to provide information on the stock and whereabouts of the club's assets. At the request of the Prohibition Authority, they shall submit and file a list of the stocks. The oath shall, at the request of the prohibitive authority, be made before the competent judicial court responsible for the place of residence of the oath. (5) The annulment of the seizure and the postponing of the decision shall be made in accordance with the provisions of Article 260 (2) of the Civil Code. and the restoration of their enforceability has no retroactive effect. Unofficial table of contents

Section 11 Property confiscation

(1) The confiscation (§ 3 para. 1 sentence 2) shall be ordered in the case of § 3 para. 2 no. 1 in favour of the country, in the case of § 3 para. 2 no. 2 in favor of the federal government. The confiscation also covers the items on which the seizure extends in accordance with § 10 (1) sentence 3, with the exception of the items transferred by the association to a third party for security. (2) With the entry of the indisputability of the prohibition and the Recovery order shall acquire the assets of the confisable beneficiary and the items recovered in accordance with the second sentence of paragraph 1 as a special asset. Items belonging to a sub-organisation in the legal form of an association, a company or a foundation, form an own assets. The association and the sub-organizations affected by the confiscation are extinguisher. The Federal Minister of the Interior as the Prohibition Authority may be responsible for the implementation of the confiscation and the settlement (§ 13) of the Federal Administrative Office or another federal authority. Commission (confiscation authority). Section 10 (3) shall apply accordingly. The application is to be published in the Federal Gazette and in the newsletter referred to in § 3 (4) sentence 2. (4) The prohibition authority can disregard the confiscation if there is no risk that assets of the association will be renewed for the purpose of promoting be used by the actions or aspirations of the kind referred to in Article 9 (2) of the Basic Law or that the establishment of the asset is misused to maintain the organisational cohesion of the association, and in so far as it does are objects of insignificant value. The Prohibition Authority may order the liquidators. The first sentence of Section 12 (1) shall apply mutagenly to the right to the proceeds of liquidation. Unofficial table of contents

§ 12 confiscation of objects of third parties

(1) The Prohibition Authority or the confisable authority shall draw up third party claims against the association if:

1.

they have been created from relationships which, according to the nature, scope or purpose, constitute an intentional promotion of the unconstitutional aspirations of the association, or

2.

they were justified in order to withdraw the assets of the association from the authorities ' access or to reduce the value of the club's assets.

If the creditor has acquired such a claim by assignment, it can only be confisable if the creditor knew the facts as set out in the first sentence. (2) Third party matters shall be recovered if the person entitled by the creditor has been appointed by the creditor. (3) The rights of third parties to the rights referred to in § 11 (1) or (2) (1) or (2) (2) or (2), respectively, have been transferred to the association intentionally or in order to promote such efforts. Objects remain. They shall be recovered if they have been established or acquired in accordance with the conditions laid down in paragraph 1. (4) The subject-matter referred to in paragraphs 1 to 3 shall enter into force with the entry into force of the prohibition and the prohibitions on Confistion to the confisee beneficiaries. (5) Injunctions of the Association which have been made in the last six months prior to the adoption of the prohibition in the intention of the other part to create objects of the club's assets aside, shall be subject to the Confisable beneficiaries are not effective. If, in the case of a member of the association or a person who is close to him within the meaning of Article 138 (1) of the Insolvency Code, it is presumed that he was aware of the intention referred to in sentence 1. Unofficial table of contents

Section 13 Unwinding

(1) The creditors who have registered their claims within the exclusion period set by the Prohibition Authority or the confiscal authority shall be satisfied from the special assets of the creditors. The satisfaction of creditors who would be insolvency creditors in the event of insolvency proceedings is, unless a legal regulation is determined otherwise, only admissible if the utilization of the assets confisable (Section 11 (1)) is one of the Satisfaction of all creditors has resulted in sufficient mass. (2) In order to avoid unreasonable hardship, the Prohibition Authority or the confistionary authority may order that a loss of rights in accordance with the second sentence of Article 11 (1) of this Regulation shall not be lost, or from the confiscation in accordance with § 12. (3) The property shall not be used to satisfy all claims against the special assets of the property, the prohibition authority or the confiscation authority shall apply for insolvency proceedings concerning the special assets. Wealth fund instead. § 12 shall remain unaffected. The administrative expenses incurred as a result of the seizure (§ 3 (1) sentence 2) and the process costs incurred by the association after the prohibition by the use of legal remedies, as well as the administrative debt, shall be deemed to be Mass liabilities. The insolvency administrator shall be appointed and dismissed by the insolvency court on a proposal from the Prohibition Authority or the confiscal authority. § § 57, 67 to 73, 101 of the Insolvency Code shall not be applied. (4) The assets remaining after satisfaction of the claims against the special assets and the items confisable pursuant to § 12 shall be from the confisable beneficiary for charitable purposes.

Fourth Section
Special provisions

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Section 14 Foreigners ' vereine

(1) In addition to the reasons set out in Article 9 (2) of the Basic Law, associations whose members or directors are all or predominately foreigners (aliens) may be prohibited under the conditions set out in paragraph 2. Vereine, whose members or directors are all or mainly foreign nationals of a Member State of the European Union, are not considered to be foreign nationals. § 3 (1) sentence 2 and § 12 (1) and (2) are to be applied with the proviso that the seizure and confiscation of claims and property of third parties are also admissible in the case of paragraph 2. (2) Foreigners ' rights may be prohibited as far as their purpose is or their activities

1.

political decision-making in the Federal Republic of Germany or the peaceful coexistence of Germans and foreigners, or of various groups of foreigners in the Federal Republic of Germany, public security or order, or other significant groups of foreign nationals. the interests of the Federal Republic of Germany, or at risk,

2.

is contrary to the obligations under international law of the Federal Republic of Germany;

3.

Promote efforts outside the territory of the Federal Republic of Germany, whose aims or means are incompatible with the fundamental values of a state order that is respectfully of the dignity of the human person,

4.

supporting, advocating or evoting a use of violence as a means of enforcing political, religious or other concerns, or

5.

Associations within or outside the territory of the Federal Republic of Germany who are in favour of, advocate or threaten the attacks against persons or property.

(3) Instead of the prohibition of associations, the Prohibition Authority may adopt prohibitions on nationals ' associations, which may also restrict them to certain acts or to certain persons. In addition, national associations remain unaffected in relation to the legal regulations for the protection of public security or order. Unofficial table of contents

Section 15 Foreign clubs

(1) For associations with registered offices abroad (foreign clubs), whose organisation or activity extends to the territorial scope of this law, § 14 shall apply accordingly. The Federal Minister of the Interior is responsible for the prohibition. (2) Foreign clubs and the sub-clubs affiliated to a foreign association, whose members and heads are all or mainly German or foreign citizens of the Union, can shall be prohibited or included in a prohibition only from the grounds referred to in Article 9 (2) of the Basic Law. Unofficial table of contents

Section 16 Employers 'and Employers' Associations

(1) Prohibitions pursuant to § 3 (1) or Decrees pursuant to § 8 (2) sentence 1 against associations which protect the freedom of association and the protection of the right of association to the Convention No. 87 of the International Labour Organization of 9 July 1948 (Bundesgesetzbl. In 1956 II p. 2072), the Court of First Instance shall not be effective until the court has confirmed its legality. § 3 (4) and 8 (2) sentences 3 and 4 shall not apply. (2) The Prohibition Authority shall submit to the court responsible pursuant to section 48 (2) and (3), § 50 (1) No. 2 of the Administrative Court of Justice its written or electronic form with a permanently verifiable Signature in accordance with section 37 (4) of the Administrative Procedure Act, which has been submitted and reasoned. The Court of First Instance shall provide it with the association and its non-territorial suborganisations designated therein, with its own legal personality (Article 3 (3), second sentence). Participating in the proceedings are the Prohibition Authority, the Association and its non-territorial suborganisations designated in the decision, with their own legal personality, as well as those in accordance with Section 63 (3) and (4) of the Administrative Court Rules. (3) If the court fails to confirm it, it shall at the same time remove the prohibition or the order. (4) At the request of the prohibition authority, the court may take the necessary interim measures, in particular the seizure of the club's assets. . The court has notified the court in accordance with Section 3 (4) sentence 2 of the Act of Prohibition and seizure orders. Unofficial table of contents

Section 17 Economic associations

The provisions of this Act are limited to public limited liability companies, limited liability companies, limited liability companies, concessioned economic associations in accordance with Section 22 of the Civil Code, European Companies, Cooperatives, European cooperatives and mutual insurance associations only to apply,

1.

if they are opposed to the constitutional order or to the idea of international understanding, or

2.

if their purposes or their activities are contrary to the criminal laws referred to in Section 74a (1) or § 120 (1) and (2) of the Court Constitutional Law, or to § 130 of the Criminal Code, or

3.

if it is covered by a prohibition pursuant to one of the reasons set out in paragraph 1 or 2, in accordance with Section 3 (3), as a sub-organisation, or

4.

if they are the replacement organisation of an association which has been banned from one of the reasons set out in paragraph 1 or 2.

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Section 18 Spatial scope of non-association

Prohibitions of associations which have their registered office outside the territorial scope of this law, but which have sub-organisations within the scope of this law, extend only to the sub-organisations within this area. If the association has no organisation within the territorial scope of this law, the prohibition (§ 3 para. 1) is directed against its activity in this area.

Fifth Section
Final provisions

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Section 19 Legal Regulations

The Federal Government may, with the consent of the Federal Council,

1.

Provisions concerning the enforcement of the prohibition, in particular the implementation of the dissolution of an association, the implementation and cancellation of the seizure and the management of the club's assets during the seizure,

2.

Provisions concerning the procedure for confiscation, the time limit for exclusion (§ 13 para. 1 sentence 1), the early satisfaction of creditors (§ 13 para. 1 sentence 2), the application of § 13 para. 2 or the rectification of the basic book and the insolvency proceedings , in order to adapt to the special circumstances of confiscation, the special assets of the assets,

3.

to lay down more detailed rules on the use of the assets confisable,

4.

Subject foreign associations and foreign clubs to an obligation to register and provide information, enact provisions on the content, form and procedures of the application, and lay down the obligation to provide information.

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Section 20 infringements of prohibitions

(1) Those who, in the territorial scope of this law, are engaged in the activity of a person

1.

maintain the organizational cohesion of an association against a fully-enforceable prohibition or, contrary to a fully-enforceable determination that it is a substitute organisation of a prohibited association, or in such an association as a member ,

2.

maintain the organizational cohesion of a party or association against a fully-enforceable determination that they are a substitute organization of a prohibited party (Section 33 (3) of the Law of the Party), or in such a party, or in such a club as a member,

3.

supports the organisational cohesion of a club or party of the kind referred to in paragraphs 1 and 2;

4.

an enforceable prohibition in accordance with § 14 (3) sentence 1 or § 18 sentence 2, or

5.

Identification of one of the associations or parties referred to in points 1 and 2 or of a club affected by an operating ban pursuant to section 15 (1) in conjunction with section 14 (3) sentence 1 during the enforceability of the prohibition or the determination of the prohibition or the determination of the rights of the party. distributed or used in public or in a meeting,

shall be punished with imprisonment for up to one year or with a fine if the deed is not punishable by punishment in § § 84, 85, 86a or § § 129 to 129b of the Criminal Code. In the cases referred to in point 5, section 9 (1) sentence 2, paragraph 2 shall apply. (2) The court may abrobe from a punishment referred to in paragraph 1 if:

1.

in the case of a party, the fault is small or its participation is of secondary importance;

2.

the offender voluntarily and seriously tries to prevent the continued existence of the party or the club; if it reaches this goal or is achieved without its effort, the perpetrator shall not be punished.

(3) A mark on which an offence referred to in paragraph 1 (5) relates may be drawn up.

Footnote

(+ + + § 20 para. 1: IdF d. Art. 6 (1), (d) in Berlin in accordance with Article 9 (2) No 5 shall not apply, G v. 25.6.1968 I 741 mWv 1.8.1968 and Set 1 idF d. Art. 80 N ° 2 (a) G v. 2.3.1974 I 469 mWv 1.1.1975 + + +)
(+ + + § 20 para. 3: IdF d. Art. 6 (1), (d) in Berlin in accordance with Article 9 (2) No 5 shall not apply, G v. 25.6.1968 I 741 mWv 1.8.1968 + + +)
§ 20 (1) no. 1: compatible with GG (100-1), insofar as this is punishable by the territorial scope of the law by means of an activity carried out in it, the organizational cohesion of an association against a fully-fledgable prohibition is maintained, BVerfGE v. 15.6.1989 (2 BvL 4/87) Unofficial table of contents

Section 21 infringements of legal orders

(1) If the legal regulation refers to this fine, intentionally or negligently, a provision of a legal regulation adopted pursuant to section 19 (4) of this regulation is contrary to the law. (2) Unlawfulness can be punished with a fine of up to two thousand German marks. Unofficial table of contents

§ § 22 to 29 (omitted)

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Section 30 Repeal and retribution of legislation

(1) (2) remain untouched

1.

Section 39 (2) of the Act on the Federal Constitutional Court,

2.

§ § 43 and 44 of the Civil Code,

3.

§ 62 of the Act concerning companies with limited liability, § § 288 to 293 of the German Stock Corporation Act, § 81 of the Act concerning the Acquisition and Economic Cooperatives, § 87 of the Insurance Supervision Act and § 38 (1) of the Act about the credit system,

4.

Section 13 of the law on the legal status of homeless foreigners in the federal territory of 25 April 1951 (Bundesgesetzbl. 269) and

5.

the special arrangements made in intergovernmental agreements on foreign nationals and foreign associations.

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Section 31 Transitional arrangements

(1) The provisions in force before the entry into force of this Act shall apply. (2) § § 8, 9 and 20 of this Act as well as § 90b of the Penal Code in the version of § 22 No. 3 of this Act Law must also be applied if an association has been banned before the entry into force of this law. (3) Indisputable prohibitions within the meaning of § 90b of the Criminal Code in the version of § 22 No. 3 of this law is an association even if the Federal Administrative Court or the supreme administrative court of a country indisputable (4) Legal proceedings pursuant to Section 129a (3) of the Criminal Code in the version of the Criminal Law Amendment Act of 30 August 1951 (Federal Law Gazette). 739) have ended with the entry into force of this law. Court costs shall not be levied; each party shall bear its out-of-court costs. Unofficial table of contents

Section 32 Restriction of fundamental rights

The fundamental rights of correspondence and postal secrecy (Article 10 of the Basic Law) and the inviolability of the flat (Article 13 of the Basic Law) shall be restricted in accordance with this law. Unofficial table of contents

Section 33 Entry into force

This Act shall enter into force one month after the date of its announcement.