System of normative conditions
System of normative conditions is a term from company law that describes the conditions in which a legal person came into being. It describes a middle path between the system of free corporate formation and the concession system , through which legal persons can also arise.
In order to establish an association, certain minimum conditions - statutory or customary - must be observed. For example, the founding of an ideal club requires :
- a statute according to Section 57 (1) BGB,
- an appointment of the board of directors (§ 59),
- seven members (§ 56 BGB).
If these requirements are met, there is a right to registration (from Art. 9 GG), through which the association becomes legally competent.