Concept and Fundamentals of the Altenherrschaft
The Altenherrschaft is a term from German association law and describes the organizational affiliation of former members of student associations (corps, fraternities, gymnastics associations, etc.) who have completed their active membership during their studies and have obtained the status of so-called ‘Old Members’ (AHAH, AH, Alte Herren). The legal structure and significance of the Altenherrschaft extend to various aspects of association law, corporate law, foundation law, tax law, as well as corporate legal questions in the context of student corporations.
Historical Development of the Altenherrschaft
The emergence of the Altenherrschaft in student associations dates back to the 19th century. With the progressive establishment of structured membership groups, a distinction emerged between currently active, studying members and those who had completed their studies and subsequently followed the lifelong membership system. As a result, the Altenherrschaft regularly formed its own organizational, sometimes legally independent, association within the student association, often referred to as the ‘Altherrenverein’ or ‘Altherrenschaft’.
Legal Nature of the Altenherrschaft
The Altenherrschaft can correspond to various legal structures. It is particularly found within the following organizational forms:
a) Registered Association (e. V.)
The Altenherrschaft is often constituted as a registered association pursuant to §§ 21 ff. of the German Civil Code (BGB). Thus, it possesses its own legal capacity and, as a legally independent entity, is to be regarded as separate from the active association. As such, the Altenherrschaft can enter into contracts, acquire assets, and conduct legal proceedings.
b) Unincorporated Association
In addition to the registered association, the Altenherrschaft can also be found as an unincorporated association (§ 54 BGB). In this case, legal capacity is not attained; members may be personally liable for obligations in certain instances.
c) Subdivision of an Association
In some cases, the Altenherrschaft is not a separate organization, but is organized as a substructure alongside the ‘Aktivitas’ area within an umbrella association. The articles of association may stipulate the rights and obligations of the Altenherrschaft as a subdivision.
Membership and Rights in the Altenherrschaft
Acquisition of Membership
Affiliation to the Altenherrschaft generally requires the completion of active membership in an association as well as the successful completion of university studies or termination of active membership. The specific requirements are determined by the statutes of the associations and the old members’ associations.
Rights and Obligations
Voting Rights and Participation
Old Members often retain voting rights in committees and general meetings of the old members’ association. In some cases, they also have influence over the active association, for example by statute provisions or financial support (‘Altherrenausschuss’, board of trustees).
Contribution Obligations
Regular annual membership contributions must be paid, the amount of which is set by the bylaws or membership resolutions. The funds are often used to support the association, in particular for the preservation of association houses or for social or academic projects.
Other Rights
Old Members generally enjoy special event rights, such as participation in foundation celebrations, conventions, or special anniversaries of the association.
Statutory and Bylaw Foundations
Aspects of Association Law
Articles of Association
The internal organization of the Altenherrschaft is based on its own articles of association. These must comply with minimum requirements pursuant to § 57 BGB (e.g., specification of the name, registered office, purpose, and acquisition of membership).
Representation and Board of Directors
Representation of the Altenherrschaft vis-à-vis third parties is carried out by an elected board. The requirements for election, dismissal, and management are specified in the bylaws and by law (§§ 26 ff. BGB).
Liability
If the Altenherrschaft acts as a registered association, only the association’s assets are liable (§ 31 BGB). In the case of an unincorporated association, there may be direct liability of the members.
Corporate and Foundation Law Particularities
In particular forms, civil law partnerships or foundations can also assume the function of an Altenherrschaft. This is often the case when assets (e.g., association houses) are managed by a foundation supported by the Altenherrschaft. The legal classification in this case is governed by the respective corporate or foundation law.
Property Law and Dedicated Purpose
Asset Management
The Altenherrschaft regularly assumes asset management tasks for the association. Revenues (from contributions, donations, or events) are used for the following purposes:
- Preservation and Renovation of Association Houses
- Scholarships
- Support of cultural and scientific projects
- Social support of members
Charitable Status and Tax Law
Many Altenherrschaften pursue charitable purposes and meet the requirements of §§ 51 ff. AO (Abgabenordnung, German Fiscal Code). In such cases, tax benefits apply, especially in the area of corporate income and value-added tax. Charitable status must be ensured through provisions in the articles of association and actual management practices.
Legal Relationship to the Aktivitas
The relationship between the Altenherrschaft and the Aktivitas is generally governed by cooperation agreements, statutes, or association regulations. This includes, among other things:
- Support and assistance of the Aktivitas through grants or commissions
- Involvement in decision-making processes (e.g., participation in the admission of new members)
- Use of joint club facilities
The Altenherrschaft is generally clearly separated from the Aktivitas, both organizationally and in terms of finances.
Dissolution and Succession
The dissolution of an Altenherrschaft is subject to the provisions of the articles of association and statutory regulations (§§ 41, 73 ff. BGB). As a rule, the liquidation of the association’s assets is carried out for purposes specified in the bylaws, often for the benefit of the association, a successor association, or a charitable organization.
Significance of the Altenherrschaft in Higher Education and Association Affairs
The Altenherrschaft holds significant importance for the preservation of tradition, permanent financial stability, and the social integration of student associations. It serves as the link between the student generation and the alumni and ensures financial, legal, and personnel continuity for the respective association.
Further Reading and References
- German Civil Code (BGB), §§ 21 ff., §§ 54 ff.
- German Fiscal Code (AO), §§ 51 ff.
- Literature on Association Law and Student Societies
This article provides a comprehensive legal overview of the term ‘Altenherrschaft’ in the context of associations and student societies and highlights the relevant statutory, bylaw, and tax aspects.
Frequently Asked Questions
Who is legally responsible for an existing Altenherrschaft within a student association?
In an existing Altenherrschaft within a student association, the primary legal responsibility lies with the elected bodies of the Altenherrschaft, such as the board or other representatives registered in the association register. These bodies represent the Altenherrschaft internally and externally in accordance with the provisions of the German Civil Code (BGB) (§§ 26 ff., 54) and the applicable bylaws. They are legally liable for breaches of statutory regulations, such as violations of association law, tax law, or breaches of duty in asset management. In cases of gross negligence or intent, personal liability of board members may arise, particularly when association assets are mismanaged or false statements are made to authorities. The Altenherrschaft is also obligated as an independent legal entity to properly administer its members, duly record resolutions, and comply with all relevant statutory requirements—e.g., data protection law, employment law for any staff, or liability regulations.
What legal framework applies to the asset management of an Altenherrschaft?
The management of the assets of an Altenherrschaft is largely governed by civil and association law regulations, especially those of the German Civil Code (BGB). The association’s assets must be kept separate from the members’ personal assets and used in accordance with the association’s objectives. Specific regulations arise from the articles of association of the Altenherrschaft as well as relevant tax requirements, provided that the Altenherrschaft is recognized as a charitable organization (German Fiscal Code, §§ 51–68 AO). These include, among other things, bookkeeping requirements, submission of an annual financial report, possibly an audit, and tax declaration obligations to the tax office. The board has a fiduciary duty to use any reserves, investments, or grants in compliance with legal requirements. Breaches of these administrative obligations may result in civil and, in some cases, criminal liability.
What co-determination rights do members of an Altenherrschaft have under German law?
The co-determination rights of members of an Altenherrschaft are primarily based on the general association regulations of the BGB, in particular §§ 32 to 34, and can be specified or extended by the respective articles of association. Core areas of co-determination include, for example, voting rights at the general meeting, the election and dismissal of the board, participation in resolutions amending the bylaws, and the right to decide on the use of the association’s assets. Each member is entitled to submit motions at the general meeting and has the right to proper information about the association’s affairs. If these rights are curtailed, for example by board resolutions contrary to the bylaws or refusal to convene a general meeting, members have various legal remedies at their disposal, including civil lawsuits against the association.
What is the liability of the Altenherrschaft towards third parties (e.g., in the case of events or accidents)?
The Altenherrschaft, as a legal entity, is liable for obligations incurred by its organs within the scope of their statutory activities (§ 31 BGB). For events it officially organizes, it is generally liable for damages to third parties resulting from culpable breaches of duty by its members or organs. This covers both typical event risks (e.g., injuries, property damage) and possible damages resulting from breaches of statutory safety obligations. Liability can in some cases be covered by appropriate liability insurance, but this does not relieve the organization of its own responsibility to ensure safe procedures. In cases of gross negligence or intent by individual members, personal liability can also apply.
What obligations exist towards the tax office and what tax considerations must be observed for Altenherrschaften?
Altenherrschaften, whether incorporated or unincorporated, are legally required to submit an annual tax declaration. This mainly concerns corporate income tax if there is no charitable status, and possibly VAT and trade tax. If charitable status is recognized according to §§ 51 ff. AO, tax advantages may be claimed, such as exemptions for certain income. In this case, the Altenherrschaft is subject to special obligations, such as dedicated use of funds, timely use of revenues, and specific documentation requirements. Donation receipts may only be issued if the relevant formal requirements are met. Violations of tax obligations may result in severe financial penalties, up to and including the loss of charitable status.
What statutory requirements govern the dissolution of an Altenherrschaft?
The dissolution of an Altenherrschaft is generally governed by § 41 BGB and the provisions of its articles of association. A dissolution resolution by the general meeting is required, which usually needs a qualified majority (most often 3/4 of the votes). After the dissolution resolution, the board is obliged to carry out the liquidation—i.e., to manage the association’s assets, settle outstanding claims, and allocate any remaining assets in accordance with the association’s objectives or statutory requirements. Particularly where the Altenherrschaft is recognized as a charitable entity, transfer of assets to charitable organizations is often stipulated. Dissolution and the appointment of liquidators must be reported to the relevant association register and the tax office.
What data protection requirements must an Altenherrschaft comply with?
Altenherrschaften, as data-processing entities under the EU General Data Protection Regulation (GDPR), are obliged to collect and process the personal data of their members and, where applicable, third parties (e.g., event participants, service providers) lawfully, transparently, and for specified purposes. This particularly requires keeping a record of processing activities, informing data subjects of their rights, concluding processing agreements with external service providers, and implementing appropriate technical and organizational safeguards. Data protection violations can result in substantial fines; in addition, affected parties are entitled to cease-and-desist and compensation claims. When introducing new technologies or transferring data outside the EU, additional review obligations must be met.
