Statute

the statute (also: Statute, order, condition) is the term for the constitutional structure of a union, which can be justified both under private law and publicly.

In the standard hierarchy the statute (a public body) on the lowest stage stands.

Table of contents

private law

association

necessary contents of the statute of a registered association arises out §§ 57 and 58 BGB.

§ 57 BGB (statute, minimum requirements):

  1. The statute must thatPurpose, which names indicate and the seat of the association contained and if necessary that the association is to be registered into the register of associations.
  2. The name is to differ from the names to the same places or in the same municipality of existing registered associations clearly.

§ 58 BGB (further ones Requirements): The statute is regulations contained

  1. over the entrance and withdrawal of the members;
  2. over it whether and which contributions from the members are to be carried out to;
  3. over the education of the executive committee;
  4. over the conditions, under which the meeting of the members is to be appointed, over the form of the appointmentand over recording the resolutions.

See also: Check list for articles of association

other legal entities

is the statute the articles of association here at the corporation (AG) and the limited partnership on shares (KGaA).

public right

bodies, like Universities of, municipalities and Districts (regional administrative bodies) and the like, as well as institutes give themselves for the regulation of their own affairs a statute. Argument is the right of self-government of these bodies, in this purchase also statute autonomy mentioned.

For municipalities the power is regulated to the statute giving in the respective Gemeindeordnungen. Constitutional basis is kind. 28 IIGG. To the statute if a special binding effect comes opposite the citizen (municipality) or the member (remaining bodies), usually also the agreement of the supervisory authority (at a municipality of the supervision of local , with a university of the Ministry ) is necessary.

Statutes can as material laws that Standard control to be submitted. If the municipality and remaining bodies in the transferred sphere of activity become quite-setting actively, then they act by statutory order.

Statutes are to be differentiated according to such with outside and such with interior effect. While statutes with external effect are obligatory on third and rights and/or obligations produce,statutes with interior effect are exclusively on the body, the organs and on the administration obligatory. To latter group are for example the main statute and the household statute, which regulate the budget to count.

Culpable offences against statutes with external effect can be punished as irregularity.

Statutes formon local level the local right.

For the under-legal law-making the Wesentlichkeitstheorie is to be considered.

are granted to tax law tax preferences only if the statute corresponds § to 59 AO.

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