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=U5= Sec55 -- Section 55 Jurisdiction over entry in the register
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=S=> BGB 55 The entry of an association of the kind specified in section 21 above in the register of associations must be made at the local court [ Amtsgericht ] for the district in which the association has its seat .
=U5= Sec55a -- Section 55a Electronic register of associations
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=S=> BGB 55a. 1 The Land governments may provide by statutory order that and to what extent the register of associations is maintained in electronic form as a computerised data file . It must be guaranteed that the principles of proper data processing are observed , in particular that precautions against a loss of data are taken , the necessary copies of the databases are kept current at least on a daily basis and the original databases and copies of them are kept in safe custody . the entries to be made are immediately entered into a memory and it remains permanently possible to reproduce their contents unchanged in readable form . the measures required by the schedule to section 126 ( 1 ) sentence 2 no . 3 of the Land Register Act [ Grundbuchordnung ] are taken . The Land governments may by statutory order transfer the authorisation under sentence 1 to the Land justice administration authorities .
=S=> BGB 55a. 2 Maintaining the register of associations in electronic as well as paper form includes creating and maintaining a list of the associations and other lists that are necessary to maintain the register of associations .
=S=> BGB 55a. 3 The electronic register of associations takes the place of one page of the previous register as soon as the entries on this page have been entered in the memory intended for the entries in the register of associations and made available as the register of associations . A note of closure must be added to the corresponding pages of the previous register of associations .
=S=> BGB 55a. 4 An entry comes into effect as soon as it is entered in the memory intended for the register entries and its contents can be permanently reproduced unchanged and in readable form . There must be a verification , by a confirmation message or in another appropriate way , that these requirements are satisfied . Each entry should show the date on which it came into effect .
=S=> BGB 55a. 5 The documents filed with the register of associations may , in place of the original , also be preserved as reproductions on an image recording medium or on other data media , if it is guaranteed that the reproductions or the data can be made readable within a reasonable time . When the image recording or data medium is created , a written note is to be made confirming that its contents correspond to the original .
=S=> BGB 55a. 6 ( repealed )
=S=> BGB 55a. 7 ( repealed )
=U5= Sec56 -- Section 56 Minimum number of members of the association
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=S=> BGB 56 The entry in the register should be made only if the number of members is at least seven .
=U5= Sec57 -- Section 57 Minimum requirements of the articles of association
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=S=> BGB 57. 1 The articles of association must contain the objects , the name and the seat of the association and indicate that the association is to be registered .
=S=> BGB 57. 2 The name should differ appreciably from the names of the registered associations in existence in the same place or in the same municipality .
=U5= Sec58 -- Section 58 Recommended contents of the articles of association
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=S=> BGB 58 The articles of association should contain provisions : on becoming a member of the association and leaving it , on whether the members are to make contributions , and if so , in what amount , on the composition of the board , on the conditions under which the general meeting is to be convened , on the form of the convening and on the notarial recording of the resolutions .
=U5= Sec59 -- Section 59 Application for registration
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=S=> BGB 59. 1 The board must apply for the association to be registered .
=S=> BGB 59. 2 The following must be attached to the application : the original articles of association and a copy , copies of the documents on the appointment of the board .
=S=> BGB 59. 3 The articles of association should be signed by at least seven members and should state the date of their execution .
=U5= Sec60 -- Section 60 Rejection of the application
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=S=> BGB 60. 1 If the requirements of sections 56 to 59 above have not been met , the application must be rejected by the local court [ Amtsgericht ] , stating the reasons .
=S=> BGB 60. 2 ( repealed )
=U5= Sec61-63 -- Sections 61 - 63 repealed
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=U5= Sec64 -- Section 64 Contents of the entry in the register of associations
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=S=> BGB 64 On entry in the register , the name and seat of the association , the date of the execution of the articles , the members of the board and their powers of representation are to be stated .
=U5= Sec65 -- Section 65 Addition to name
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=S=> BGB 65 When the association is entered in the register , the name of the association is given the additional element “eingetragener Verein” [ “registered association” ] .
=U5= Sec66 -- Section 66 Public notice
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=S=> BGB 66. 1 The local court [ Amtsgericht ] must publish the entry in the newspaper intended for its public notices .
=S=> BGB 66. 2 The original articles of association must be marked with the certification of entry in the register and be returned . The copy is certified by the local court [ Amtsgericht ] and kept together with the other documents .
=U5= Sec67 -- Section 67 Changes to the board
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=S=> BGB 67. 1 Every change to the board must be notified by the board for registration . A copy of the document about the change is to be attached to the notification .
=S=> BGB 67. 2 Board members appointed by the court are entered in the register by the court at its own motion .
=U5= Sec68 -- Section 68 Protection of public confidence by the register of associations
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=S=> BGB 68 If a transaction is entered into between the previous members of the board and a third party , the change of the board can be used as a defence against the third party only if at the time when the legal transaction is entered into the change has been recorded in the register of associations or is known to the third party . If the change has been entered , the third party need not allow it to apply against him if he does not know of it and his lack of knowledge does not result from negligence .
=U5= Sec69 -- Section 69 Evidence of composition of the board
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=S=> BGB 69 Evidence that the board consists of the persons entered in the register is furnished to public authorities in the form of a local court [ Amtsgericht ] certificate confirming the entry .
=U5= Sec70 -- Section 70 Restriction of power of agency ; passing resolutions
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=S=> BGB 70 The provisions of section 68 above also apply to provisions that restrict the scope of the power of agency of the board or that lay down different arrangements for the passing of resolutions by the board than the provision in section 28 ( 1 ) above .
=U5= Sec71 -- Section 71 Amendments of the articles of association
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=S=> BGB 71. 1 Amendments of the articles of association are effective only when entered in the register of associations . The board must make notification of the amendment for entry in the register . The original resolution containing the amendment and a copy is to be attached to the notification of the amendment .
=S=> BGB 71. 2 The provisions of sections 60 , 64 and section 66 ( 2 ) apply with the necessary modifications .
=U5= Sec72 -- Section 72 Certificate on number of members
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=S=> BGB 72 At the request of the local court [ Amtsgericht ] at any time , the board shall file a written confirmation completed by itself on the number of members of the association .
=U5= Sec73 -- Section 73 Decrease in numbers of members
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=S=> BGB 73. 1 If the number of members of the association falls below three , the local court [ Amtsgericht ] shall , on an application by the board and , if the application is not made within three months , of its own motion , after hearing the board , deprive the association of legal personality .
=S=> BGB 73. 2 ( repealed )
=U5= Sec74 -- Section 74 Dissolution
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=S=> BGB 74. 1 The dissolution of the association and the deprivation of legal personality must be entered in the register of associations . If insolvency proceedings are commenced , no entry is made in the register .
=S=> BGB 74. 2 If the association is dissolved by resolution of the general meeting or by the expiry of the time determined for the duration of the association , the board must notify the dissolution to be registered . In the former case , a copy of the resolution for dissolution must be attached to the notification .
=S=> BGB 74. 3 If the association is deprived of legal personality under section 43 above , the entry must be made on a notice from the competent authority .
=U5= Sec75 -- Section 75 Commencement of insolvency proceedings
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=S=> BGB 75 The commencement of insolvency proceedings is to be registered by the court of its own motion . The same applies to the reversal of the order opening the insolvency proceedings , the appointment of a provisional insolvency administrator , if in addition the debtor is generally enjoined from transferring assets or it is ordered that disposals by the debtor are effective only with the approval of the provisional administrator in insolvency proceedings , and the termination of such a protective measure , an order of self-management by the debtor and the reversal of this order , and an order that specific legal transactions of the debtor require approval , the discontinuance and termination of the proceedings and the monitoring of compliance with an insolvency plan and the termination of the monitoring .
=U5= Sec76 -- Section 76 Entry of the liquidators in the register
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=S=> BGB 76. 1 The liquidators must be entered in the register of associations . The same applies to provisions that deviate from the provision in section 48 ( 3 ) in providing for the passing of resolutions by the liquidators .
=S=> BGB 76. 2 The notification for registration must be made by the board , and in the case of later amendments by the liquidators . The notification for registration must state the extent of the power of agency of the liquidators . The notification for registration of the liquidators appointed by resolution of the general meeting must have attached to it a copy of the resolution , and the notification for registration of a provision on the passing of resolutions by the liquidators must have attached to it a copy of the document containing the provision .
=S=> BGB 76. 3 Liquidators appointed by the court are entered in the register by the court of its own motion .
=U5= Sec77 -- Section 77 Form of notification
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=S=> BGB 77 The notifications for entry in the register of associations are to be made by the members of the board and by the liquidators by way of notarially certified statement .
=U5= Sec78 -- Section 78 Assessment of coercive fines
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=S=> BGB 78. 1 The local court [ Amtsgericht ] may enjoin the members of the board to comply with the provisions of section 67 ( 1 ) , section 71 ( 1 ) , section 72 , section 74 ( 2 ) and section 76 by imposing coercive fines .
=S=> BGB 78. 2 In the same way , the liquidators may be enjoined to comply with the provisions of section 76.
=U5= Sec79 -- Section 79 Inspection of the register of associations
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=S=> BGB 79. 1 Everyone is permitted to inspect the register of associations and the documents filed with the local court [ Amtsgericht ] by the association . A copy of the entries may be requested ; on request , the copy must be certified . If the documents are kept in safe custody under section 55a ( 5 ) , only a copy of the reproduction may be requested . The copy must be certified on request . Inspection of the original is permitted only if the applicant shows a justified interest in inspecting it .
=S=> BGB 79. 2 The introduction of a computerised procedure enabling the data to be transmitted from electronic registers of associations by retrieval is admissible if it is guaranteed that the retrieval of data does not exceed the inspection permitted under subsection ( 1 ) above and the admissibility of the retrievals can be monitored on the basis of a log . The Länder may specify a nationwide electronic information and communication system for the proceedings .
=S=> BGB 79. 3 The user must be informed that he can use the data transmitted only for information purposes . The competent agency must verify ( e. g . by spot checks ) whether there is evidence that the inspection permitted under sentence 1 above has been exceeded or transmitted data are being misused .
=S=> BGB 79. 4 The competent agency may exclude a user from taking part in the computerised retrieval procedure if he endangers the functional reliability of the retrieval equipment , exceeds the inspection permitted under subsection 3 sentence 1 above or abuses transmitted data ; the same applies in the case of imminent exceeding of the permissible inspection or imminent abuse .
=S=> BGB 79. 5 The competent agency is the Land justice administration authority . The agency with local jurisdiction is the public authority in whose district the competent local court [ Amtsgericht ] is situated . This provision on jurisdiction may be varied by statutory order of the Land government . The Land government may transfer this authorisation to the Land justice administration authority by statutory order . The Länder may also agree to the jurisdiction being transferred to the competent agency of another Land .
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