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BGB 42. 1 An association is dissolved by the commencement of insolvency proceedings . If the proceedings are discontinued on the application of the debtor or terminated after the confirmation of an insolvency plan that provides for the association to continue in existence , the general meeting may pass a resolution that the association is to continue in existence . The articles of association may provide that , if insolvency proceedings are commenced , the association is to continue as an association without legal personality ; in this case too , if the requirements of sentence two above are satisfied , a resolution may be passed to continue the association as an association with legal personality .
BGB 49. 2 The association is deemed to continue in existence until the end of the liquidation if the purpose of the liquidation requires this .
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 .
BGB 84 If the foundation is recognised as having legal personality only after the death of the founder , then for the purpose of the endowment payments made by the founder it is deemed to have come into existence before his death .