Name
Question
In our committee, a dispute has arisen in connection with the question of how old the association is. The association was founded 19 years ago. Five years ago, it was renamed, the purpose was altered slightly and the entire committee was replaced. The current chairperson claims that the association is only five years old rather than 19. Which age is correct?
Answer
The name of an association is part of the articles of association and in most cases is mentioned in the first article along with the purpose. The articles of association can be amended, meaning this is also the case for an association's name and purpose. This matter is addressed by law, however, in Article 74 of the Swiss Civil Code (ZGB): "No member may be forced against his or her will to accept a change in the objects of the association". If the purpose is changed (and not merely adjusted), a member is therefore allowed to immediately leave the association. However, the association continues to exist.
An indication that your association has existed since its foundation is the fact that the association was never dissolved. Conclusion: you can celebrate your association's 20th anniversary next year.
Question
We want to hold a festival. Somebody has advised us that we should form a community of interest rather than an association. What actually are the differences between an association, a club and a community of interest?
Answer
If a community of persons is duly established as an association (non-economic purpose, written articles of association, founding minutes, bodies), it is considered to be an association in a legal sense in accordance with Article 60 et sequitur of the Swiss Civil Code (ZGB). An association is not required to include the term "association" in its name. It is clear from the articles of association (usually in the first article) that it is an association. For example, associations refer to themselves as communities, societies, parties or organisations. Associations with various sections or sub-associations are usually refereed to as organisations.
"Community of interest", "club", and "organisation" are not legal terms. Communities of interest and clubs are, however, often organised as associations. It is also possible for them to take a different corporate form, for example that of an ordinary partnership. However, members of an ordinary partnership assume personal liability and groups that take this legal form are unable to open their own postal or bank account in their name.
