Corporation church

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Municipality in Switzerland

A corporation community (including corporation Bürgergemeinde or shortly corporation ) is a private company under public law, which does not have a territory , but has mostly over land and should be conducive to modern interpretation of the law and the general welfare. Corporations under public law exist particularly in the cantons of Central and Eastern Switzerland ; Private-law user cooperatives, also known as corporations , are also known elsewhere in Switzerland.

The citizens of the corporation parish are called parishes .

Legal situation in the individual cantons

Canton lucerne

§ 75 KV-LU emphasizes the legal status: Corporations are public corporations under cantonal law. The law regulates the details.

Canton of Uri

Art. 72 para. 1 KV-UR declares the Uri and Ursern corporations to be independent corporations under public law. Art. 19, 73 and 118 confirm the corporations' autonomy in determining the right to vote, the right to vote, the finances and the administration; Art. 32 grants them the right of expropriation; Art. 57 confirms their previous rights in mining law (including the granting of radiator rights). Modern views flow into Art. 74: The corporations support the canton and the municipalities in fulfilling their tasks and help to achieve the state goals - whereby Art. 107 in turn leaves it to the corporations to determine their tasks themselves.

Canton of Schwyz

Art. 75 KV-SZ states:

  • Corporations are independent corporations under cantonal public law. (Art. 75 para. 1)
  • Their existence and self-administration within the framework of the legal system are guaranteed. (Art. 75 para. 2)
  • They ensure the value of their goods and manage and use them independently. (Art. 75 para. 3)

The largest corporation in Switzerland is the Oberallmeindkorporation Schwyz .

Canton of Obwalden

Art. 107 KV-OW guarantees the existence of the corporations and records the legal status and tasks:

  • The existing corporations, partial seeds and alpine cooperatives are recognized as traditional institutions of public law for the administration of civil property. (Art. 107 para. 1)
  • They are guaranteed the management of their assets and the disposal of their earnings. (Art. 107 para. 2)
  • When investing and managing assets, especially when real estate is sold, economic development and the strengthening of the community must be sought. (Art. 107 para. 3)
  • The establishment of new and the amalgamation of existing corporations, partial seeds and alpine cooperatives requires the approval of the Cantonal Council. (Art. 107 para. 4).

The Sachseln corporation , for example, has around 60% of the area of ​​the municipality of Sachseln .

Canton of Nidwalden

The existence and powers of the corporations (self-designation: “Ürtekorporationen”) are guaranteed by the canton in Art. 91 KV-NW:

  • The establishment of new corporations requires the approval of the district administrator. (Art. 91 para. 1)
  • The authority of the corporations to administer and use their own assets is guaranteed within the limits of the law. (Art. 91 para. 2)

Art. 56 KV-NW regulates internal corporate matters as follows:

  • Only those persons who have active citizenship and who have corporate citizenship in the canton are entitled to vote for the statutory regulation of the co-share and the use of corporate goods. (Art. 56 para. 1)
  • In addition to the persons entitled to vote in accordance with paragraph 1, the district administrator and the corporate councilors have the right to apply. (Art. 56 para. 2)

Canton of Zug

Section 73 KV-ZG best explains the nature of a corporate community:

  • The partners in corporation property form a corporation congregation. (Section 73 (1))
  • The corporation's stock is to be preserved as an indivisible good; charitable donations remain reserved. (Section 73 (2))

Canton of Glarus

Art. 134 KV-GL subjects the corporation communities to the supervision of the canton, but otherwise leaves them with their freedoms:

  • The establishment of new corporations and changes to the existing ones require the approval of the government council or a department. (Art. 134 Paragraph 1)
  • The corporations can manage and use their assets independently, unless the law provides otherwise. (Art. 134 Paragraph 2)
  • They are under the supervision of the government council. (Art. 134 Paragraph 3)

Canton of St. Gallen

The canton of St. Gallen distinguishes between local corporations and local civil corporations:

  • The local corporation performs individual tasks that have not been taken over by the political community, such as supplying water and electricity, public lighting or wastewater treatment. (Art. 16 para. 2 GG) A local corporation can exist in the area of ​​one or more political communities. (Art. 17 para. 1 GG)
An intercantonal agreement regulates cross-border local corporations in the border area of ​​the cantons of St. Gallen and Thurgau. (Art. 18 GG)
Ecclesiastical corporations have to adhere to cantonal legislation (Art. 2 Para. 2 KonfG). The Roman Catholic monasteries Notkersegg , St. Scholastika (Tübach), Maria Hilf (Altstätten), Maria Zuflucht (Weesen), Berg Sion , Wurmsbach , Maria der Engel (Wattwil), Magdenau , St. Katharina (Wil) and Glattburg are or were organized as church corporations under public law. (Art. 42 para. 2 VKK)
  • Art. 14 GG differentiates between different types of local civil corporations:
    • Property communities of several local congregations
    • Rhoden and other parts of a local church
    • Citizens' corporations and other associations of certain genders in a local church
    • Associations of citizens of the same denomination in a local community

New local civil corporations cannot be formed. (Art. 15 GG)

See also

literature

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