German Attorneys
for
Non-Profit Organisations

Non-profit organisations often have different legal requirements compared to other companies, groups and associations. These requirements vary in the initial foundation of the body, and in its daily management. Working with a standard corporate lawyer will likely involve working with a partner without the specialist insight into this particular sector. However, our team consists of lawyers who will provide you with the clear insight needed when facing German law as a non-profit organisation.

Our lawyers will advise you on matters concerning tax exemption status and how to achieve it as a non-profit organisation, we will support you in matters concerning the founding of the non-profit organisation and ensure that the applicable paperwork requirements are fulfilled and will provide insight into the management structures which should be in place in your organisation.

Regardless of how big or small the non-profit is, it is vital to have expert assistance with contracts and contract law matters. Our legal team will analyse your current contracts, assess their terms and conditions and draft any new contracts. There can be extensive legal requirements for contracts under German law, and for this reason, there are many advantages of working alongside a German contract lawyer.

Preparing contracts which follow the necessary legal elements are necessary to avoid costly legal disputes from happening. Our lawyers will analyse all forms of contracts from purchase agreements, bills of sale, insurance policies, rental agreements and mortgages.

The advantage of our full-service model is that our clients receive comprehensive legal service from one source. When dealing with the complexities and variety of contracts that a non-profit organisation has to contend with, consolidating all of those legal requirements under one roof is a major advantage. Contact us now to start a productive partnership.

At Schlun & Elseven Rechtsanwälte, our certified experts in the field of German employment law will advise your non-profit organisation on all matters that arise. Our legal team will design employment contracts, advise your organisation on best-practice policies to adopt, counsel on termination of contracts and represent the organisation in legal disputes. As experienced attorneys, our lawyers advise companies and organisations of all sizes, and together we will develop creative solutions tailored to your organisation’s characteristics and goals.

Our employment lawyers, Dr. Thomas Bichat and Mr. Jens Schmidt, are both certified specialists in the field of employment law. To gain this title (“Fachanwalt für Arbeitsrecht”), some additional requirements need to be achieved. For a lawyer to gain this status, they need to demonstrate to the Bar association that they have obtained the required practical experience and specialist theoretical knowledge in the field. Getting the necessary standard of expertise to become a certified specialist is an arduous process. Therefore, it is easy to see why our employment law services are much sought-after by clients. Contact us today to work with experts in their field.

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 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 lawyers advise on all matters of compliance, can be relied upon in the event of needing to restructure, and will be on hand for resolving any unexpected issues which may arise.

Protecting your intellectual property is vital when establishing your non-profit organisation in Germany. A recognisable brand is essential when launching a new organisation or establishing a pre-existing group in a new market. Not protecting your copyrights, trademarks, and other intellectual property leaves your group open to scammers and others who aim to exploit your organisation’s reputation.

Our intellectual property lawyers work with companies and groups of all sizes in their dealings with German intellectual property law and are here to advise you on your rights. Should disputes arise over the trademarks or copyright arise, our team will look for a solution that fits your organisation’s demands. Often, such issues can occur due to misunderstandings, and warning letters and other cost-effective methods can resolve the matter. However, if the case does require litigation to resolve, our lawyers will advise your group throughout the entire process.

Allow our experts to assess your intellectual property and advise your group on the protection requirements for the intellectual property involved. Our lawyers will take the required steps and actions to ensure that those protections are put in place.

A misleading media story or narrative concerning your organisation can cause enormous damage to it. Reputational damage is particularly damaging to non-profit organisations. It can impact the number of people donating to the cause, negatively influence volunteers and employees, and it can lead to potential donors looking towards other groups instead. There are strong laws in place for defamation in Germany, and there are sanctions available for damaging untrue media stories.

Additionally, with the growth of social media, it is also strongly advisable to know your organisation’s rights concerning malicious comments or damaging content produced online. At Schlun & Elseven Rechtsanwälte, our team is ready to advise you on these matters and more.

Under German law, defamation is found and defined under § 187 StGB. This section describes it as a person who provides an “untrue fact” commits this action knowing that it is untrue (“despite knowing better”). This offence refers to an “untrue fact” and is therefore not an offence that concerns a person’s opinion of another individual, but it concerns a claim of action on the part of the potential victim.

Untrue claims of tax issues or about the organisation’s work can therefore be challenged in court. Our lawyers will advise your organisation and prepare it for the legal actions to take should they be necessary.

Non-profit organisations need to maintain their good reputation. Allegations of corruption, illegal activities or poor working conditions can cause the loss of the support of those interested in your cause. It is crucial to implement effective whistleblowing systems to ensure the continued success of one’s NPO and comply with the legal regulations that have come into force. Without such systems, employees who want to expose wrongdoing in your organisation can quickly feel moved to go public. This can lead to significant reputational damage and loss of revenue.

Since the Whistleblower Protection Act came into force on 2 July 2023 in Germany, it has been incumbent on all legal entities with a workforce of 50 or more employees to set up internal whistleblowing units (according to § 12 HinSchG). This obligation applies regardless of the legal form. Consequently, it also applies to non-profit organisations (NPOs). Those not complying with this obligation will face considerable legal consequences (including heavy fines) as of December 2023.

To provide non-profit organisations with the necessary support in implementing this legal requirement, the German law firm Schlun & Elseven offers a competent and committed service. Our lawyers explain which preventive measures you can take to prevent whistleblowing while effectively complying with all legal obligations. By implementing an efficient whistleblowing system certified following the applicable ISO standard, we ensure that whistleblowers are protected in accordance with the law while, at the same time, your organisation benefits from the information provided. We support you so your rights and interests as a non-profit organisation are protected.