6604
=U3= UTit1 -- Subtitle 1 Associations
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=U4= Kap1 -- Chapter 1 General provisions
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=U5= Sec21 -- Section 21 Non-commercial association
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=S=> BGB 21 An association whose object is not commercial business operations acquires legal personality by entry in the register of associations of the competent local court [ Amtsgericht ] .
=U5= Sec22 -- Section 22 Commercial association
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=S=> BGB 22 An association whose object is commercial business operations acquires legal personality , for lack of special provisions under Reich law , by state grant . The grant is in the power of the state [ Bundesstaat ] in whose territory the association has its seat .
=U5= Sec23 -- Section 23 Foreign association
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=S=> BGB 23 An association whose seat is not in a state [ Bundesstaat ] may , for lack of special provisions under Reich law , be granted legal personality by a resolution of the Federal Council [ Bundesrat]* ) .
=S=> BGB 23.* ) Under Article 129 of the Basic Law [ Grundgesetz ] , the Federal Minister of the Interior [ Bundesminister des Innern ] is now competent .
=U5= Sec24 -- Section 24 Seat
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=S=> BGB 24 The seat of an association , unless otherwise provided , is the place where the management is conducted .
=U5= Sec25 -- Section 25 Constitution
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=S=> BGB 25 The constitution of an association with legal personality is , to the extent that it is not based on the following provisions , determined by the articles of association .
=U5= Sec26 -- Section 26 Board ; representation
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=S=> BGB 26. 1 An association must have a board . The board may consist of more than one person .
=S=> BGB 26. 2 The board represents the association in court and out of court ; it has the status of a legal representative . The extent of its power of agency may be restricted by the articles of association with effect against third parties .
=U5= Sec27 -- Section 27 Appointment of and management by the board
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=S=> BGB 27. 1 The appointment of the board is by resolution of the general meeting .
=S=> BGB 27. 2 The appointment is revocable at any time , notwithstanding the claim to payment in conformity with contract . The revocability may be restricted by the articles of association to the case where there is a compelling reason for the revocation ; such a reason includes without limitation a gross breach of duty or inability to effect proper management .
=S=> BGB 27. 3 The management by the board is governed by the provisions on mandate in sections 664 to 670 with the necessary modifications .
=U5= Sec28 -- Section 28 Passing of resolutions and representation
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=S=> BGB 28. 1 If the board consists of more than one person , resolutions are passed under the provisions of sections 32 and 34 , which govern the resolutions of the members of the association .
=S=> BGB 28. 2 If a declaration of intent is to be made to the association , it is sufficient for it to be made to a member of the board .
=U5= Sec29 -- Section 29 Emergency appointment by local court [ Amtsgericht ]
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=S=> BGB 29 To the extent that the board is lacking the necessary members , they are to be appointed , in urgent cases , for the period until the defect is corrected , on the application of a person concerned , by the local court [ Amtsgericht ] that keeps the register of associations for the district in which the association has its seat .
=U5= Sec30 -- Section 30 Special representatives
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=S=> BGB 30 It may be provided by the articles of association that , in addition to the board , special representatives are to be appointed for particular transactions . In case of doubt , the power of agency of such a representative extends to all legal transactions that the sphere of business allocated to him normally entails .
=U5= Sec31 -- Section 31 Liability of an association for organs
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=S=> BGB 31 The association is liable for the damage to a third party that the board , a member of the board or another constitutionally appointed representative causes through an act committed by it or him in carrying out the business with which it or he is entrusted , where the act gives rise to a liability in damages .
=U5= Sec32 -- Section 32 General meeting ; passing of resolutions
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=S=> BGB 32. 1 The affairs of the association , to the extent that they are not to be attended to by the board or another organ of the association , are dealt with by resolution in a meeting of the members . In order for the resolution to be valid , it is necessary for the subject to be stated when the meeting is convened . The resolution is decided by the majority of the members present .
=S=> BGB 32. 2 Even without a meeting of the members , a resolution is valid if all members declare their approval of the resolution in writing .
=U5= Sec33 -- Section 33 Amendment of articles of association
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=S=> BGB 33. 1 A resolution containing an amendment of the articles of association must have a majority of three quarters of the members present . In order to alter the objects of the association , the approval of all members is necessary ; the approval of the members not present must be declared in writing .
=S=> BGB 33. 2 If the legal personality of the association results from a grant , state ratification is necessary for every amendment of the articles of association , or , if the grant was made by the Federal Council [ Bundesrat ] , the ratification of the Federal Council [ Bundesrat]* ) .
=S=> BGB 33.* ) Under Article 129 of the Basic Law [ Grundgesetz ] , the Federal Minister of the Interior [ Bundesminister des Innern ] is now competent .
=U5= Sec34 -- Section 34 Exclusion from voting
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=S=> BGB 34 A member has no right to vote if the resolution concerns entering into a legal transaction with him or commencing or disposing of litigation between him and the association .
=U5= Sec35 -- Section 35 Special rights
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=S=> BGB 35 Special rights of a member may not be adversely affected by a resolution of the general meeting without his approval .
=U5= Sec36 -- Section 36 Convening of the general meeting
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=S=> BGB 36. 1 The general meeting is to be convened in the cases laid down in the articles of association and when the interests of the association require it .
=U5= Sec37 -- Section 37 Convening a meeting at the request of a minority
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=S=> BGB 37. 1 The general meeting is to be convened if the proportion of the membership laid down in the articles of association or , in the absence of a provision , one-tenth of the members call in writing for a meeting to be convened , stating the purpose and the reasons .
=S=> BGB 37. 2 If the request is not granted , the local court [ Amtsgericht ] may authorise the members who made the request to convene the meeting ; it may make orders on the conduct of the chairmanship at the meeting . The court with jurisdiction is the local court [ Amtsgericht ] that keeps the register of associations for the district in which the association has its seat . The authorisation must be referred to in the notice convening the meeting .
=U5= Sec38 -- Section 38 Membership
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=S=> BGB 38 Membership is not transferable and not inheritable . The exercise of membership rights cannot be entrusted to another person .
=U5= Sec39 -- Section 39 Leaving the association
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=S=> BGB 39. 1 The members have the right to leave the association .
=S=> BGB 39. 2 The articles of association may specify that leaving is admissible only at the end of a business year or only after a notice period ; the maximum notice period is two years .
=U5= Sec40 -- Section 40 Flexible provisions
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=S=> BGB 40 The provisions of section 27 ( 1 ) and ( 3 ) , section 28 ( 1 ) and sections 32 , 33 and 38 do not apply where otherwise provided by the articles of association .
=U5= Sec41 -- Section 41 Dissolution of the association
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=S=> BGB 41 An association may be dissolved by resolution of the general meeting . The resolution must have a majority of three-quarters of the members present , unless otherwise provided in the articles of association .
=U5= Sec42 -- Section 42 Insolvency
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=S=> 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 .
=S=> BGB 42. 2 If an association is insolvent or is overindebted , the board must petition for the commencement of insolvency proceedings . If there is delay in petitioning , the members of the board who are at fault are responsible to the creditors for the damage resulting from this ; they are liable as joint and several debtors .
=U5= Sec43 -- Section 43 Deprivation of legal personality
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=S=> BGB 43. 1 An association can be deprived of its legal personality if it endangers the common good by an unlawful resolution of the general meeting or by unlawful conduct of the board .
=S=> BGB 43. 2 An association whose objects under its articles of association are not commercial business operations may be deprived of legal personality if it pursues such objects .
=S=> BGB 43. 3 ( repealed )
=S=> BGB 43. 4 An association whose legal personality is the result of a grant can be deprived of its legal personality if it pursues objects different from those in the articles of association .
=U5= Sec44 -- Section 44 Jurisdiction and proceedings
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=S=> BGB 44. 1 The jurisdiction and the proceedings in the cases set out in section 43 are decided under the law of the Land in which the association has its seat .
=S=> BGB 44. 2 If the legal personality results from a grant by the Federal Council [ Bundesrat ] , the deprivation is by a resolution of the Federal Council [ Bundesrat]* ) .
=S=> BGB 44.* ) Under Article 129 of the Basic Law [ Grundgesetz ] , the Federal Minister of the Interior [ Bundesminister des Innern ] is now competent .
=U5= Sec45 -- Section 45 Devolution of the assets of the association
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=S=> BGB 45. 1 On the dissolution of the association or its deprivation of legal personality , the assets devolve on the persons specified in the articles of association .
=S=> BGB 45. 2 The articles of association may provide that the persons entitled to receive the assets are specified by a resolution of the general meeting or by another organ of the association . If the objects of the association are not commercial business operations , the general meeting may , even without such a provision , allocate the assets to a public foundation or institution .
=S=> BGB 45. 3 If no persons entitled are specified , then if according to its articles the association exclusively served the interests of its members , the assets pass in equal shares to the members at the date of the dissolution or the deprivation of legal personality , and failing this to the treasury of the state [ Bundesstaat ] in whose territory the association had its seat .
=U5= Sec46 -- Section 46 Devolution on the treasury
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=S=> BGB 46 If the assets of the association devolve on the treasury , the provisions on an inheritance that devolves on the treasury as the heir on intestacy apply with the necessary modifications . The treasury shall if possible use the assets in a manner corresponding to the objects of the association .
=U5= Sec47 -- Section 47 Liquidation
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=S=> BGB 47 If the assets of the association do not devolve on the treasury , there must be a liquidation , unless insolvency proceedings have commenced with regard to the assets of the association .
=U5= Sec48 -- Section 48 Liquidators
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=S=> BGB 48. 1 The liquidation is effected by the board . Other persons may also be appointed as liquidators ; the appointment is governed by the provisions for the appointment of the board .
=S=> BGB 48. 2 The liquidators have the legal status of the board , unless the purpose of the liquidation leads to a different conclusion .
=S=> BGB 48. 3 If there is more than one liquidator , their resolutions require a unanimous vote unless otherwise provided .
=U5= Sec49 -- Section 49 Duties of the liquidators
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=S=> BGB 49. 1 The liquidators must complete the current business , collect the receivables , convert the rest of the assets into cash , satisfy the creditors and pay out the surplus to those entitled to receive it . In order to complete transactions that are in progress , the liquidators may also enter into new transactions . The collection of receivables and the conversion of the rest of the assets into cash may be omitted to the extent that these measures are not necessary to satisfy the creditors or to distribute the surplus among those entitled to receive it .
=S=> 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 .
=U5= Sec50 -- Section 50 Public notice of the association in liquidation
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=S=> BGB 50. 1 The dissolution of the association or its deprivation of legal personality must be announced by the liquidators in a public notice . In the notice , the creditors must be requested to register their claims . The public notice is made through the newspaper specified in the articles of association for this purpose . Public notice is deemed to have been made at the end of the second day after the publication or first publication . BGB 50. 2 Known creditors must be requested by special invitation to register their claims .
=U5= Sec50a -- Section 50a Newspaper for notices
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=S=> BGB 50a If an association has not specified a newspaper in the articles of association , or if the newspaper specified for notices has ceased publication , notices of the association must be published in the newspaper that is specified for public notices of the local court [ Amtsgericht ] in whose district the association has its seat .
=U5= Sec51 -- Section 51 One-year waiting period
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=S=> BGB 51 The property may not be paid out to the persons entitled to receive it until a year has passed after the announcement by public notice of the dissolution of the association or the deprivation of legal personality .
=U5= Sec52 -- Section 52 Security for creditors
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=S=> BGB 52. 1 If a known creditor does not register his claim , the amount owed , if the right to deposit exists , must be deposited for the creditor .
=S=> BGB 52. 2 If the discharge of an obligation is not possible at the time , or if an obligation is disputed , the property may be distributed to the persons entitled to receive it only if security is provided to the creditor .
=U5= Sec53 -- Section 53 Liability in damages of the liquidators
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=S=> BGB 53 Liquidators who commit breaches of their duties under section 42 ( 2 ) and sections 50 , 51 and 52 or who , before the satisfaction of the creditors , distribute assets to the persons entitled to receive are , if they are at fault , responsible to the creditors for the damage resulting from this ; they are liable as joint and several debtors .
=U5= Sec54 -- Section 54 Associations without legal personality
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=S=> BGB 54 Associations without legal personality are governed by the provisions on partnership . When a transaction is entered into with a third party in the name of such an association , the person acting is personally liable ; if more than one person acts , they are liable as joint and several debtors .
=U4= Kap2 -- Chapter 2 Registered associations
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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 .
=U3= UTit2 -- Subtitle 2 Foundations
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=U4= Sec80 -- Section 80 Formation of a foundation having legal personality
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=S=> BGB 80. 1 The creation of a foundation with legal personality requires an endowment transaction and the recognition of this by the competent public authority of the Land in which the foundation is to have its seat .
=S=> BGB 80. 2 A foundation is to be recognised as having legal personality if the endowment transaction satisfies the requirements of section 81 ( 1 ) below , if the long-term and sustained achievement of the object of the foundation appears guaranteed and if the object of the foundation does not endanger the common good .
=S=> BGB 80. 3 Provisions of the Land legislation on church foundations are unaffected . The same applies with the necessary modifications to foundations which Land legislation treats as equivalent to church foundations .
=U4= Sec81 -- Section 81 Endowment transaction
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=S=> BGB 81. 1 A lifetime endowment transaction must be in writing . It must contain the binding declaration by the founder that he will dedicate assets to achieve an object specified by himself . The endowment transaction must give the foundation a charter with provisions on the name of the foundation , the seat of the foundation , the objects of the foundation , the assets of the foundation , the composition of the foundation board . If the endowment transaction does not satisfy the requirements of sentence 3 above and if the founder is dead , section 83 sentences 2 to 4 apply with the necessary modifications . BGB 81. 2 Until the foundation is recognised as having legal personality , the founder has a right to revoke the endowment transaction . If an application has been made for recognition by the competent public authority , the revocation may be declared only to that public authority . The heir of the founder is not entitled to revoke the endowment transaction if the founder made the application to the competent public authority , or , if the endowment transaction was notarially recorded , the founder , at or after the notarial recording , instructed the notary to make the application .
=U4= Sec82 -- Section 82 Duty of founder to make transfers
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=S=> BGB 82 If the foundation is recognised as having legal personality , the founder has a duty to transfer to the foundation the assets promised in the endowment transaction . Rights that can be transferred by contract of transfer pass to the foundation on recognition , unless the endowment transaction indicates that the founder intended otherwise .
=U4= Sec83 -- Section 83 Testamentary foundation
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=S=> BGB 83 If the endowment transaction is a testamentary disposition , the probate court must inform the competent public authority of this for the purpose of recognition , unless application is made by the heir or the executor . If the endowment transaction does not satisfy the requirements of section 81 ( 1 ) sentence 3 , the foundation shall be given a charter or additions shall be made to an incomplete charter by the competent public authority before recognition ; when this is done , the will of the founder is to be taken into account . The seat of a foundation , unless otherwise provided , is the place where the management is carried out . In case of doubt , the last residence of the founder within the country is deemed the seat .
=U4= Sec84 -- Section 84 Recognition after the death of the founder
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=S=> 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 .
=U4= Sec85 -- Section 85 Constitution of foundation
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=S=> BGB 85 The constitution of a foundation , to the extent that it is not based on federal or Land legislation , is determined by the endowment transaction .
=U4= Sec86 -- Section 86 Application of law on associations
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=S=> BGB 86 The provisions of sections 23 and 26 of section 27 ( 3 ) and of sections 28 to 31 and section 42 apply with the necessary modifications to foundations ; but the provisions of section 27 ( 3 ) and of section 28 ( 1 ) apply only to the extent that the constitution , in particular the administration of the foundation by a public authority , does not lead to a different conclusion . The provisions of section 28 ( 2 ) and of section 29 do not apply to foundations whose administration is conducted by a public authority .
=U4= Sec87 -- Section 87 Change of objects ; termination
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=S=> BGB 87. 1 If the objects of the foundation have become impossible to fulfil , or if they endanger the common good , the competent public authority may give the foundation another intended purpose or terminate it .
=S=> BGB 87. 2 When the objects are altered , the intention of the founder should be taken into account , and in particular , it should be ensured that the income of the foundation assets is maintained for the group of persons that it was meant to benefit , as intended by the founder . The public authority may amend the constitution of the foundation to the extent that the alteration of the objects requires this .
=S=> BGB 87. 3 Before the objects are altered and the constitution is changed , the board of the foundation should be heard .
=U4= Sec88 -- Section 88 Devolution of property
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=S=> BGB 88 When the foundation ceases to exist , the property devolves on the persons specified in the constitution . If no persons entitled are specified , the property devolves on the treasury of the Land in which the foundation had its seat , or on another person entitled to receive under the law of this Land . The provisions of sections 46 to 53 apply with the necessary modifications .
=U3= UTit3 -- Subtitle 3 Legal persons under public law
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=U4= Sec89 -- Section 89 Liability for organs ; insolvency
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=S=> Division 2 Things and animals
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