Definition and Explanation of Terms: Foreign Nationals’ Association
Ein Foreign Nationals’ Association is an association of people born abroad or holding foreign citizenship, established in Germany as a private-law association, particularly under the provisions of the German Civil Code (BGB). Such associations are often aimed at promoting culture, integration, social interests, or preserving the native language and traditions of their members. Additionally, many foreign nationals’ associations also aim to carry out integration work or provide support services to migrants.
In legal terms, a foreign nationals’ association falls under general association law, but due to its membership structure and potential political or societal significance, it is subject to particular official monitoring and legal requirements.
Legal Basis of Association Law
Establishment and Legal Form
Like all associations, a foreign nationals’ association can be established either as an unregistered association or as a registered association (§§ 21 et seq. BGB). At least seven founding members are required for its creation. The purpose, name, and articles of association must be defined, and the general provisions of association law apply.
Register of Associations and Articles of Association
Registration in the register of associations at the competent district court grants the association legal capacity. The articles of association must comply with § 57 BGB and, in particular, specify the purpose, name, registered office, and rules for acquiring and losing membership. The statutes must not pursue any goals that contradict the Basic Law.
Legal Particularities for Foreign Nationals’ Associations
Reporting Obligations and Supervision under the Associations Act
Foreign nationals’ associations are subject to their own statutory obligations (§§ 14 to 19 Associations Act [VereinsG]), provided their members or the majority thereof do not possess German citizenship.
Reporting Obligation (§ 14 VereinsG)
The establishment, articles of association, purpose, as well as amendments to the articles, the board, and dissolution of a foreign nationals’ association must be reported to the competent authority in accordance with § 14 VereinsG. The report must be made without delay, but at the latest within two weeks.
Contents of the Report
The report must include the following:
- Name and registered office of the association
- Articles of association in German
- Information about the board and representatives
- Member data in accordance with statutory requirements
Prohibition and Dissolution
The purpose or activities of a foreign nationals’ association must not violate criminal laws or constitutional principles. Under § 15 VereinsG, the competent authority can ban or dissolve the association if it acts against the constitutional order, pursues criminal acts, or there is a risk to public safety.
Official Monitoring
Certain foreign nationals’ associations may be monitored by the Federal Ministry of the Interior or the state interior authorities, especially when there is suspicion that they promote extremist or security-threatening activities. This mainly concerns politically or religiously motivated organizations whose headquarters or essential activities are abroad or are influenced from abroad.
Reporting and Notification Obligations
Depending on the official assessment, those responsible for the association may be subject to extensive cooperation obligations, such as disclosing financing or membership structure. Violations can lead to association bans.
Labor Law Regulations
Charitable Status
Foreign nationals’ associations, like any association, can be recognized as charitable if they pursue a charitable, benevolent, or religious purpose (§§ 51 et seq. Fiscal Code [AO]). To obtain charitable status, activities and articles of association must comply with the requirements of German charity law.
In particular, integration work, cultural promotion, educational work, or aid for those in need are recognized as charitable purposes, provided the association is not primarily pursuing economic objectives.
Tax Benefits
Charitable foreign nationals’ associations may benefit from tax advantages (such as corporate income tax, trade tax, VAT). The use of funds for the intended purpose must be regularly demonstrated.
Labor Law Regulations
If a foreign nationals’ association employs staff, labor law regulations apply. For foreign employees, the residence and employment law provisions of the Residence Act (AufenthG) and the Social Code (SGB) also apply.
Data Protection and Co-determination
As foreign nationals’ associations typically process personal data of their members and employees, the requirements of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG) must be observed. Members have rights to information, access, rectification, and erasure of their data.
Criminal and Regulatory Aspects
A breach of the reporting obligation under §§ 14 et seq. VereinsG can be prosecuted as a regulatory offence or—in serious cases—as a criminal offence. In addition, violations of association bans may have criminal consequences.
Relationship with Residence Law
Membership or board activities in a foreign nationals’ association alone do not constitute grounds for a residence permit. Association officials who are not EU citizens may require an appropriate residence permit and, if paid work is performed, possibly also a work permit.
Exceptions and Special Provisions
For bilateral or international associations, special provisions may exist on the basis of international agreements. National exceptions may be particularly relevant for religious organizations if recognized as corporations under public law.
Practical Relevance and Significance
Foreign nationals’ associations represent an important factor in social life in the Federal Republic of Germany. They support integration, contribute to intercultural dialogue, and represent the interests of migrant groups. Association law, particularly regarding foreign nationals’ associations, balances the protection of fundamental rights with the safeguarding of public safety and order.
Sources
- German Civil Code (BGB) – §§ 21 et seq., Association Law
- Associations Act (VereinsG) – in particular §§ 14 et seq.
- Fiscal Code (AO) – Nonprofit Law
- General Data Protection Regulation (GDPR), Federal Data Protection Act (BDSG)
- Residence Act (AufenthG)
- Federal Ministry of the Interior: Information on Associations and Association Bans
Note: The above information is current according to German law and does not claim to be exhaustive. For detailed questions, an individual analysis of the specific case based on current legislation and administrative guidelines is recommended.
Frequently Asked Questions
What legal requirements do foreign nationals’ associations in Germany need to observe when being established?
When establishing a foreign nationals’ association in Germany, the provisions of the German Civil Code (§§ 21 et seq. BGB), in particular, must be observed, as such associations are usually founded as registered associations (e.V.). The founding members do not need to possess German citizenship, but at least seven founding members capable of contracting must be present. The association’s purpose must be clearly and legally defined. In addition, a written constitution is required, containing the mandatory details (§ 57 BGB) such as name, registered office, purpose of the association, as well as provisions regarding admission and departure of members and the formation of the board. Entry in the register of associations takes place at the competent local court, for which notarization of the board and a properly held founding meeting are required. Additionally, it must be ensured that no objectives that are contrary to the common good or to the Basic Law are pursued, as this may lead to refusal of registration.
Can foreign nationals’ associations be recognized as charitable and what tax advantages result from that?
Foreign nationals’ associations can, in principle, be recognized as charitable within the meaning of the Fiscal Code (§§ 51 et seq. AO), provided their purposes correspond to those recognized as charitable in the Fiscal Code (such as promotion of international understanding, integration, educational work, etc.) and the actual management follows these purposes. Charitable status is granted by the competent tax office after examination of the statutes and actual management. A recognized charitable association is exempt from corporate income tax and trade tax and may issue donation certificates that provide donors with tax benefits. In addition, reduced VAT rates apply to certain activities. Compliance with charitable status is regularly reviewed by the tax office.
Are there special reporting or notification obligations for foreign nationals’ associations towards authorities?
Yes, especially if it is a registered association (e.V.). Statutorily required are registration with the register of associations and the annual submission of an up-to-date list of members and, if applicable, annual reports at the general meeting. Charitable associations must regularly provide the tax office with evidence of proper use of funds (every three years within the framework of a corporate income tax return with activity and financial report). If there is suspicion of activities hostile to the constitution, foreign nationals’ associations may additionally come under the scrutiny of the Office for the Protection of the Constitution and be subject to special reporting obligations. Furthermore, the police have a right to information and access to association events under § 13 VereinsG, if public safety or order appears to be at risk.
Are foreign nationals’ associations subject to special restrictions under the Associations Act (VereinsG)?
Yes, the Associations Act (§§ 14-16 VereinsG) contains special obligations for so-called foreign nationals’ associations—that is, associations whose members or management largely do not possess German citizenship or whose headquarters and activities are focused on foreigners. This particularly concerns the possibility of a ban by the interior authorities (§ 14 VereinsG), if the association undertakes activities that go against public safety and order, criminal law, or peaceful international coexistence. In addition, official measures such as reporting obligations or the prohibition of certain events and assemblies may be imposed under § 15 VereinsG. Some foreign nationals’ associations must submit their statutes in German to the authority (§ 21 VereinsG).
What liability rules apply for board members of foreign nationals’ associations?
The general liability rules of the German Civil Code (§ 31a BGB) apply to board members. These state that board members acting on a voluntary basis are liable only for intent and gross negligence, i.e., they cannot be held liable for mere negligence in damages arising from their association activities. However, even a foreign nationals’ association must ensure proper management. If tax, association, or other statutory duties (for example, compliance with reporting obligations) are breached, personal liability for those responsible may arise. This liability applies regardless of the nationality of the board members.
What regulations apply to general meetings and amendments to the statutes in foreign nationals’ associations?
For general meetings in foreign nationals’ associations, the provisions of the German Civil Code (§ 32 BGB) apply. Decisions are generally to be made at the meeting of members unless the statutes provide otherwise. Amendments to the statutes can only be decided with the majority specified in the statutes; at least a three-quarters majority is required unless regulated otherwise (§ 33 BGB). Changes concerning the association’s purpose require the consent of all members. The language of the association can be stipulated in the statutes, but for external matters, especially in official procedures, a German translation is required.
Can foreign nationals’ associations apply for funding and what legal requirements do they need to observe?
Foreign nationals’ associations are in principle eligible to apply for public funding at municipal, state, federal, or EU level, provided they meet the respective funding criteria. Usually, the legal form of a registered, charitable association is required. The statutes, association register, and proof of charitable status must be provided. When drawing funds, the requirements of the relevant funders must be observed, including proofs of use and, if applicable, compliance with special anti-corruption and transparency guidelines. Funds may only be used for the charitable purposes specified in the statutes; any improper use can result in claims for repayment.
