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Special-purpose association statutes; application for approval

The articles of association of a special-purpose association require the approval of the supervisory authority.

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Procedure details

Municipalities can join together to form a special-purpose association and transfer individual tasks or all tasks associated with a specific purpose to such an association. For example, school associations, water supply associations, wastewater associations, savings bank associations, waste disposal associations, rescue associations or hospital associations can be formed.

Members of a special-purpose association can be municipalities, administrative districts, districts and their equivalents (administrative communities, owners of land not belonging to municipalities, special-purpose associations and municipal companies), other corporations, institutions and foundations under public law, as well as natural and legal persons under private law.

To form a special-purpose association, all parties involved must agree on the association statutes. This must regulate Name and registered office of the special-purpose association, association members, geographical scope, tasks, allocation of seats and votes in the association meeting, scale according to which the association members must contribute to the financial requirements of the special-purpose association.

The articles of association require the approval of the supervisory authority. The articles of association and their approval shall be officially published by the supervisory authority in its official gazette. The special-purpose association shall come into existence at the earliest on the day after this announcement. The association members, which are local authorities, should refer to the publication 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.

Municipalities, administrative districts and boroughs may cooperate in order to jointly perform tasks which they are entitled or obliged to perform. This does not apply to municipalities that belong to the same administrative community if the administrative community can perform the task just as effectively and economically.

Approval may be refused if the formation of the special-purpose association is contrary to the public interest, the formation of the association is illegal or the articles of association do not comply with the statutory provisions.

If special approval is required for the assumption and implementation of a task for which the special-purpose association is to be formed, the association's articles of association may not be approved if it is to be expected that the special approval will be refused.

  • agreement of the association statutes signed by authorized representatives of the parties involved

Approval of the association's articles of association must be applied for from the responsible supervisory authority.

If the special-purpose association is to perform tasks within the transferred sphere of activity, the supervisory authority shall decide on the approval at its due discretion after hearing the specialist supervisory authority. If the specialist supervisory authority does not respond within one month of receiving the request, the supervisory authority can assume that the interests of the specialist supervisory authority are not affected by the formation of the special-purpose association.

The special-purpose association has its own legal personality and is therefore itself the holder of rights and obligations. It must fulfill the tasks assigned to it on its own responsibility, exercises the necessary powers itself and can issue statutes and ordinances for the tasks assigned to it in place of the association members.

The necessary bodies of a special-purpose association are the association assembly and the association chairman. The association assembly consists of the association chairman and the association councillors, who are delegated to the association assembly by the respective association members.

A special-purpose association is financed by its income and, if applicable, a levy to be paid by the association members. A special-purpose association must draw up annual budget statutes.

If the formation of a special-purpose association is necessary for the fulfillment of mandatory tasks of a local authority 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 association statutes (compulsory association).

Administrative court action

Status: 15.04.2025
Editorial responsibility Bayerisches Staatsministerium des Innern, für Sport und Integration
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