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Special-purpose association; notification and application for approval of changes

Changes to the structure of the special-purpose association and its articles of association must be reported to the supervisory authority or require its approval.

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Bayerisches Staatsministerium des Innern, für Sport und Integration

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Odeonsplatz 3
80539 München

Erreichbarkeit mit öffentlichen Verkehrsmitteln: - U-Bahnlinien: U3, U4, U5, U6 (Haltestelle: Odeonsplatz) - Buslinie: 100 (Haltestelle: Odeonsplatz)

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80524 München

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Landratsamt Dillingen a.d.Donau

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Große Allee 24
89407 Dillingen a.d.Donau

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Große Allee 24

89407 Dillingen a.d.Donau

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Regierung von Schwaben

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Fronhof 10
86152 Augsburg

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86145 Augsburg

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Procedure details

The amendment of the association's mission, the accession and exclusion of association members and their withdrawal, termination for good cause, the dissolution of the special-purpose association and any amendment to the articles of association of a compulsory association require the approval of the supervisory authority. The supervisory authority must be notified of any other changes to the association's articles of association and the withdrawal from a former compulsory association.

The supervisory authority shall officially publish the measures requiring approval and notification, including the necessary approvals, in its official gazette. The measures shall take effect on the day after the announcement, unless a different date is specified in the association's articles of association or in the dissolution resolution. If the special-purpose association is dissolved because its tasks have been transferred in full to other legal entities under public law by law or on the basis of a special statutory regulation, the supervisory authority shall draw attention to the dissolution and the transfer of tasks in its official gazette. The association members, which are regional authorities, shall refer to the publications of the supervisory authority in the form provided for the publication of their statutes.

Competent authority

The supervisory authority is

  • the State Ministry of the Interior, Sport and Integration,
    • if a district or the Free State of Bavaria is involved,
    • if another state, a municipality or an association of municipalities of another state or the federal government is involved;
  • the government, if a district or an independent municipality is involved;
  • otherwise the district administrative authority.

Changes to the association's mission, the withdrawal of association members and their exclusion require a two-thirds majority, while other changes to the association's articles of association require a simple majority of the statutory number of votes in the association meeting. The association's articles of association may stipulate larger majorities or the need for the consent of certain or all association members.

The resolution to take on additional tasks or to amend the association's articles of association to the effect that the special-purpose association should become the employer of civil servants requires the consent of the affected association members. The resolution on joining or leaving the association requires an application by the party concerned. An exclusion is only permissible for good cause.

Each member of the Association may terminate its membership for good cause.

If a corporate body replaces previous association members in the special-purpose association as a result of changes in the existence or area of responsibility of previous association members, it can be excluded by the special-purpose association or unilaterally declare its withdrawal from the special-purpose association up to three months after the change takes effect with a simple majority of the number of votes as per the articles of association.

The supervisory authority shall inform a compulsory association if the reasons for its compulsory formation have ceased to exist. The special-purpose association shall announce the notification to the association members at an association meeting to be convened as soon as possible. Each member of the association may declare its withdrawal within six months of the date of the association meeting.

The dissolution of the special-purpose association requires a majority of two-thirds of the statutory number of votes in the association meeting. The association's articles of association may stipulate larger majorities or the need for the consent of certain or all association members. The special-purpose association is dissolved if its tasks are transferred in full to other legal entities under public law by law or on the basis of a special statutory regulation. It is also dissolved if it consists of only one member; in this case, the member takes the place of the special-purpose association.

For the approval of changes to the structure of the special-purpose association and its articles of association, the requirements for the approval of the articles of association apply accordingly. The approval of exclusion, withdrawal, termination for good cause and dissolution can only be opposed by reasons of public interest if the requirements for a compulsory association are met.

  • Measure requiring approval or notification
  • Amended articles of association
  • Copies of decisions of the competent bodies
  • Copies of decisions of the representative bodies involved

Changes to the structure of the special-purpose association and its articles of association must be notified to the supervisory authority or approved by it. The supervisory authority shall officially publish the measures requiring approval and notification, including the necessary approvals, in its official gazette.

Supplement: Regierung von Schwaben

If there is a technical connection with other subject areas, please contact them directly. This applies in particular to the areas of public safety and order, social affairs and youth, commercial law, passenger transportation, road law, building law, school law, environmental law, health and consumer law as well as food and agriculture.

If the formation of a special-purpose association for the fulfillment of mandatory tasks of a local authority is required for compelling reasons of public interest, the supervisory authority may set a reasonable deadline for the parties involved to form the special-purpose association. If the special-purpose association is not formed within the deadline, the supervisory authority shall form it by issuing the articles of association (compulsory association).

Administrative court action

Status: 15.04.2025
Editorially responsible for prodecure description: Bayerisches Staatsministerium des Innern, für Sport und Integration
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