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Recognition of a forestry association and granting of legal capacity as an economic association

Service Description

Forest management associations (FBG) are associations of landowners under private law. Their main purpose is to compensate for the disadvantages of small area size in the management and various structural deficiencies in the management of their forest areas.

The content and legal aspects of the statutes of the forest management association submitted by you with the application for recognition are examined.

If no objections are raised against the content of its statutes, the approval of the statutes is granted by the supreme forestry authority.

At the same time, the forest management association is granted the legal form of an economic association upon application and a certificate of recognition and award is issued.

Process flow

  • Informal written application for recognition and granting of legal capacity to the highest forestry authority of the state
  • All required documents must be enclosed in full

In Thuringia:

1. application with documents supporting the application

2. examination of the documents by the recognition authority

3. approval of the statutes and issuance of a recognition and award certificate

4. admission of the forest management association to the register

5. sending the sealed documents to the forest management association for legitimation

Who should I contact?

Competent authority

supreme forestry authority

Requirements

  • Founded association with at least seven members
  • elected board of directors
  • statutes adopted by the general meeting

Beneficiaries in Thuringia are forest owners (small forest owners, cities and municipalities, forest cooperatives).

A forest management association is recognized by the authority responsible under state law (in Thuringia: Thuringian Ministry of Infrastructure and Agriculture) upon application if it meets the following requirements:

1. it must be a legal entity under private law;

2. it must, by virtue of its size, location and context, allow for a significant improvement in management

3. in the case of the legal form as an economic association (in Thuringia exclusively) it must have at least 7 members;

4. it must give itself a statute, which covers minimum contents.

-In Thuringia, the minimum area must be 50 hectares.

Which documents are required?

  • Informal application for recognition and granting of legal capacity
  • Copy of the minutes of the founding meeting
  • Copy of the attendance list of the founding meeting
  • original articles of association, dated and signed by all board members
  • List of members and areas of the forest management association
  • Contact details of the forestry cooperative
  • Application for exemption from fees, if applicable

For Thuringia applies

  • Application for recognition of the forest management association
  • Statutes of the forest management association (2 copies with original signatures, one set of statutes remains with the supreme forestry authority, one set of statutes is sealed and returned to the forest management association with a note of approval)
  • Nudit on the establishment of the forest management association
  • Gresolution on the establishment of the forestry cooperative
  • certified signatures of the board members by the responsible forestry office

- List of members and attendance list, if necessary written powers of attorney in case of representation

- land register sheets of the members, if necessary lease contracts

What are the fees?

1,00 - 51,00 Euro

on request exemption from fees due to special public interest

Administrative costs

50 Euro administrative costs, according to No. 4.3.1.11 of the Administrative Costs List (Annex to § 1 Para. 1) of the Thuringian Administrative Cost Regulations for the Business Division of the Thuringian Ministry of Infrastructure and Agriculture.

What deadlines do I have to pay attention to?

none

Processing duration

approx. two to four weeks

Legal basis

§ 18 Federal Forest Act (BWaldG)

https://www.gesetze-im-internet.de/bwaldg/__18.html

§ 19 Federal Forest Act (BWaldG) (conferment of legal capacity)

https://www.gesetze-im-internet.de/bwaldg/__19.html

§ 22 German Civil Code (BGB) (economic association)

https://www.gesetze-im-internet.de/bgb/__22.html

§ 56 Civil Code (BGB) (minimum number of members)

https://www.gesetze-im-internet.de/bgb/__56.html

Appeal

  • Informal written application
  • Checklist for the application available on the internet of the supreme forestry authority

What else should I know?

Supporting institutions

Only the supreme and lower forestry authorities, no other authorities.

Author

The text was automatically translated based on the German content per DeepL.

Technically approved by

Ministry of Agriculture, Environment and Climate Protection (MLUK) of the State of Brandenburg, Department 3

;

Thuringian Ministry for Infrastructure and Agriculture

Professionally released on

01.07.2020;21.01.2021

Source: Zuständigkeitsfinder Thüringen (Linie6PLus)

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