In Germany, non-profit organisations are required to meet different legal requirements compared to companies and associations. These relate to the foundation and day-to-day administration of such an organisation, a task that often poses considerable challenges for those responsible. The complexity of the regulations applicable in this area, as well as the variety of contract types that non-profit organisations regularly encounter, require extensive knowledge of the relevant areas of law and current administrative practice in Germany.
The German law firm Schlun & Elseven Rechtsanwälte offers skilled and committed legal advice. As a multidisciplinary full-service law firm whose areas of expertise include German foundation, association, corporate, employment and tax law, we provide our clients with reliable legal advice in all areas relevant to the successful continuation of a non-profit organisation. Whether you are setting up a new organisation in Germany or expanding from abroad, managing an NPO or any other legal matter, our lawyers will advise you on your rights and obligations and ensure that your NPO in Germany is legally secure for the future.
German Contract Law | Contract Drafting and Review
Regardless of how large or small your NPO is, legal support in drafting contracts and regulating contractual issues remains essential to achieve lasting success. Our legal team analyses existing contracts, assesses their terms and conditions, and drafts new contracts where necessary. The legal requirements for contracts under German law can be extensive, so working with an experienced contract lawyer offers many advantages.
It is crucial to take all legal requirements into account when drafting contracts to avoid costly legal disputes. Whether it is a purchase or rental agreement, an insurance policy, or a mortgage, our lawyers will review and analyse the agreement in question for you to ensure that your interests are protected.
Employment Law and Non-Profit Organisations (NPOs)
Schlun & Elseven Rechtsanwälte advises non-profit organisations of all sizes on employment law issues as an interdisciplinary German law firm. Whether in the drafting of employment contracts, the implementation of best practice measures or the termination of employment relationships – our lawyers will develop legal solutions on your behalf tailored to your organisation’s specific characteristics and goals. In the event of legal disputes, we guarantee skilled and committed representation – out of and in court. Our experienced lawyers have the practical experience and expertise to provide you with the best possible support in any employment law matter. Contact us today to work with our German employment law experts.
Top Expertise for Non-Profit Organisations in Germany
At Schlun & Elseven Rechtsanwälte, our lawyers advise non-profit organisations on how to establish themselves in Germany. Deciding on whether your body should take the form of an association (Verein), foundation (Stiftung), or a German charitable limited liability company (GmbH) will impact how the body needs to be established. Our law firm advises non-profit organisations on management structures, organises the bureaucracy involved with setting up the body and supports the daily running of the body in Germany.
Our legal team advises on all matters of compliance and can be relied upon in the event of restructuring and unexpected complications.
Intellectual Property | Copyright and Trademark Law
When founding your non-profit organisation, protecting your intellectual property often determines the success of your project. A recognisable trademark is essential for setting up a new organisation and for establishing it in a new market. If you do not adequately protect your copyrights, trademarks, and other intellectual property, you leave your organisation open to scammers and others who aim to exploit your organisation’s reputation.
Our lawyers will clarify which of your services and products are worthy of protection as intellectual property and advise you comprehensively on the measures to be taken. As intellectual property experts, they will take the necessary legal steps to ensure that your IP is protected in the best conceivable way and that the statutory protection provisions are complied with.
Should disputes arise regarding trademark or copyright law, our lawyers will develop a solution that meets your organisation’s demands. Conflicts of interest can often be resolved out of court using cost-effective methods such as warning letters. However, if court proceedings cannot be avoided, we will represent your rights and interests with the necessary commitment.
Reputational Protection | Media and Press Law
With the increasing influence of social media, it is crucial to know your rights when dealing with malicious comments and reputationally damaging internet posts. A misleading portrayal of your organisation in the media can cause enormous damage. Reputational damage can affect the number of donors, have a negative impact on volunteers and staff and cause potential donors to turn to another organisation. To prevent this, the German legal system provides strict laws against defamation and far-reaching legal measures against defamation and untruthful reporting.
German law defines the offence of defamation in Section 187 of the German Criminal Code, according to which an untrue fact is spread against better knowledge, i.e. in the knowledge that it is untrue. This offence refers to an untrue fact, i.e., a claim for action by the potential victim and not another person’s opinion. Therefore, untrue allegations about the organisation’s work can be challenged in court. Our lawyers provide comprehensive advice on how to defend yourself against defamatory statements and will take legal action on your behalf if necessary.
Compliance Management | Whistleblowing
Non-profit organisations need to maintain their good reputation. Allegations of corruption, illegal activities or poor working conditions can cause you to lose the support of those interested in your cause. It is necessary to implement efficient whistleblowing systems to ensure your NPO’s long-term success and comply with the legal regulations that have now come into force. Without such systems, employees who want to uncover wrongdoing in your organisation can feel motivated to go public. This can lead to considerable reputational damage and loss of revenue.
Since the Whistleblower Protection Act came into force on 2 July 2023 in Germany, all legal entities with 50 or more employees are obliged to set up internal reporting units (following Section 12 HinSchG). This obligation applies regardless of the legal form. Consequently, it also applies to non-profit organisations. Those who fail to fulfil this obligation will face considerable legal consequences from December 2023, including heavy fines.
Schlun & Elseven Rechtsanwälte offers expert legal services to provide non-profit organisations in Germany with the necessary support in implementing this legal requirement. Our lawyers will advise you on the specific preventive measures you can take to prevent whistleblowing and fulfil all legal obligations effectively. By implementing an efficient whistleblowing system certified by the applicable ISO standard, we ensure that whistleblowers are protected in accordance with the regulations while, at the same time, your organisation benefits from the information. We work on your behalf to protect your rights and interests as a non-profit organisation.
Contact our German Lawyers for Non-Profit Organisations
Please use the contact form to inform our team of German lawyers about your legal matters as a non-profit organisation. After receiving your request, we will make a short preliminary assessment based on the information provided and give you a cost estimation. You are then free to decide whether you want to instruct us.