Royal privileged shooting societies; application for approval of articles of association

If a royally privileged shooting club wishes to amend its articles of association or to rewrite them altogether, it requires state approval.

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Street address

Fronhof 10
86152 Augsburg

Postal address

86145 Augsburg

Phone

+49 821 327-01

Fax

+49 821 327-2289

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Mehr zur Behörde

There are 210 royally privileged shooting clubs in Bavaria (see list of shooting clubs).

Until the Civil Code (BGB) came into force, associations in Bavaria could acquire legal capacity either on the basis of the law of 29 April 1869 concerning the status of associations under private law through recognition of their statutes by the district court (recognized associations) or through conferral by the sovereign (privileged associations). The royal decree of August 25, 1868 (General Shooting Regulations) gave shooting clubs the opportunity to obtain the legal status of a privileged association by recognizing the General Shooting Regulations as a statute.

If a royally privileged shooting society wishes to amend its articles of association or to rewrite them altogether, it requires state approval in accordance with Section 33 (2) BGB. This approval is a mandatory requirement for the legal validity of the provisions of the statutes, i.e. amendments to the statutes without the corresponding approval are invalid.

Since January 1, 2003, the government of Swabia has been responsible for granting this state approval for all royally privileged shooting societies in Bavaria.

In the approval procedure, the government of Swabia (as well as the responsible local court for registered associations) checks whether the amendment to the articles of association has been formally carried out correctly. This includes, among other things, checking whether the invitation to the general meeting was issued in due form and time in accordance with the articles of association, stating the agenda, and whether the amendments to the articles of association were passed with the required majority of votes. It is also checked whether the amendments to the articles of association comply with mandatory provisions of the German Civil Code (BGB). If a shooting club has recognized the General Shooting Regulations of 1868 as a statute, this is also the standard for the audit.

Upon approval of individual amendments to the bylaws:
- Invitation of the club members to the general meeting with announcement of the agenda (in the agenda the "changes to the statutes" should be listed as a separate item on the agenda and the individual provisions that are to be changed should be specified),
- Minutes of the General Assembly (or excerpt from the minutes) in duplicate in the original, signed by the 1st Schützenmeister and the secretary, provided that the statutes do not contain any deviating regulations for the recording of the minutes. In any case, the minutes must show the wording of the amended provisions of the statutes and the respective voting results. In addition, it must be evident from the minutes whether the General Assembly was summoned in due form and time in accordance with the statutes, with the agenda being announced.
Upon approval of the Articles of Incorporation in their entirety:
(i.e. if the statutes as a whole are to be amended and rewritten, e.g. because they have become confusing due to many individual amendments over time),
- Invitation of the association members to the general assembly with announcement of the agenda (in the agenda the "new version and change of the statute" should be listed as a separate agenda item. The new draft of the statutes should be sent to the members of the association with the agenda),
- Minutes of the General Assembly (or excerpt from the minutes) 1 original, signed by the 1st Schützenmeister and the secretary, provided that the statutes do not contain any deviating provisions for the recording of the minutes. In any case, the minutes must show the result of the voting. In addition, the minutes must show whether the General Meeting was convened in due form and time in accordance with the Statutes, with the agenda being announced.
- The decided statute 2-fold in the original, signed by the 1st Schützenmeister.

Note on maintaining non-profit status

The previous statutes of most royally privileged shooting societies may no longer meet the formal requirements of non-profit law in the area of asset retention. Although these requirements are not checked by the government of Swabia in the approval process, they must be complied with if the royally privileged shooting club does not want to lose its status as a non-profit association with the tax office.

If the existing articles of association do not yet meet the requirements of non-profit law, they should be amended accordingly during the next general meeting or at the latest during the next review cycle. In cases of doubt, the responsible tax office should be contacted in good time.