17/12/2024
New legal development: Approval procedure abandoned for all associations
The Law of 4 December 2024 amending Articles 7 and 77 of the Law of 7 August 2023 on non-profit associations and foundations introduces a number of changes for non-profit associations (ASBLs). The approval procedure has been abandoned for all associations, including those governed by the transitional provisions of the Law of 21 April 1928 (as amended) on non-profit associations and foundations.
Previously, under certain conditions, amending an association's articles of association, or a decision to dissolve an association, required judicial approval. This procedure has now been abandoned, simplifying the administrative formalities, reducing the burden on the courts and ensuring that the same rules apply to all associations.
Additionally, the Law has amended a provision on the delegation of the day-to-day management function, and now stipulates that the general meeting's approval is only required if this function is delegated to a director.
These changes are part of a wider move towards modernising and clarifying the legal framework that applies to associations and foundations.