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June 2026 topic. Published retrospectively on 13 November 2026. Law as at 13 November 2026. The article date provides a thematic position in the annual archive.
Association resolutions on operations, expenditure and staff must be valid with digital participation too. For welfare associations, the ability to act often directly affects animal care.
Read the constitution and statute together
Section 32 BGB addresses meetings and hybrid or virtual formats. Include the current constitution and supplementary resolutions. Sudden format changes may obstruct member rights. Invitations and agendas should identify intended decisions.
Organise participation and voting
Establish eligibility, identity checks, speaking and voting procedures beforehand. Technical problems need workable responses. Video transmission alone does not necessarily enable all membership rights.
Distinguish resolutions from representation
Valid internal decisions and external authority are separate. Check both for leases, major purchases and cooperation. Minutes should record decisions and votes. Serious defects may justify a fresh proper vote instead of prolonged dispute.
Four practical examples
These examples illustrate typical situations. They do not report actual client matters.
Invitation omits the decision
A major expense is approved at short notice. Assess whether the announced agenda adequately covered it.
Online member cannot vote
Investigate technology and actual impairment. Not every fault has the same legal effect.
Board signs before approval
Assess internal competence separately from binding effects on the other party.
Email resolution
Check conditions for resolutions without meetings. A majority of approving replies is not always enough.
Legal basis and further information
Official legislation / authority guidance · Detailed information on this practice area