Current articles on NPOs, church and social institutions

2. Jun 2023 Reform of the state foundation laws in the wake of the new foundation (civil) law, here: Baden-Württemberg Background and overview

As the reform of foundation (civil) law will come into force on July 1, 2023 and a completely uniform federal civil foundation law will therefore apply for the first time, it is necessary for the state foundation laws to be adapted accordingly.

NPOs, church and social institutions
21. Mar 2023 New BGB regulations on hybrid or purely virtual assemblies and meetings - for associations and foundations "by means of electronic communication" for associations and foundations "by means of electronic communication"

So something is happening after all, at least a little, regarding the now permanently applicable legal regulations for meetings and assemblies held digitally or electronically at associations and foundations. The German Civil Code has been amended with the provisions contained in Section 32 (2) BGB (new version), which came into force on 21.03.2023. These are intended to allow meetings and assemblies to be held "by means of electronic communication" even without corresponding provisions in the articles of association, unless the articles of association provide otherwise, but what has been regulated by this new law? And what has not been regulated? Do regulations in the articles of association still make sense or are they still needed? In which cases?

NPOs, church and social institutions
25. Oct 2022 Is the organizational structure in the existing foundation statutes still up to date?

We are delighted that our short article on this topic has been published in BW Bank's "Stiftungsmanagement Impulse" magazine, which appeared today. You will find this article on pages 18-19 and we hope you enjoy reading this article and the magazine as a whole!

NPOs, church and social institutions
31. Dec 2020 Further legal changes and additions to association and foundation law at the turn of the year 2020/21 with regard to measures to combat the effects of the COVID-19 pandemic

At the turn of the year 2020/21, the federal legislator once again took action and also adopted further legal measures in association and foundation law to combat the effects of the COVID-19 pandemic.

NPOs, church and social institutions
29. Oct 2020 Extension of the statutory regulations in association and foundation law in accordance with the GesRuaCOVBekG until 31.12.2021 - Combating the effects of the COVID-19 pandemic Combating the effects of the COVID-19 pandemic

In the article on the VOELKER homepage "Current legal regulations in association and foundation law to combat the effects of the COVID-19 pandemic" of March 26, 2020, we provided information on how and with what civil law content the federal legislator reacted quite quickly to the COVID-19 pandemic in association and foundation law, as well as an initial assessment at the time.

NPOs, church and social institutions
26. Mar 2020 Current legal regulations in association and foundation law to combat the effects of the COVID-19 pandemic

Associations and foundations (with legal capacity) are typical legal forms in which non-profit organizations - and thus, for example, numerous social enterprises - are organized. In view of the existing infection control measures aimed at preventing the further spread of the coronavirus pandemic, general meetings, advisory board meetings, committee meetings and board meetings of associations in the familiar, traditional sense, where people come together directly and physically, are currently not possible for the foreseeable future. The same applies to meetings of the board of directors and, if applicable, the foundation council, board of trustees and similar bodies of foundations with legal capacity.

NPOs, church and social institutions
31. Jan 2017 Fundamentally new benefit regulations on accommodation costs under the BTHG future distinction between residential groups and apartments

Current remuneration system for inpatient/outpatient integration assistance facilitiesCurrently, the remuneration for inpatient and outpatient integration assistance services is still based on the service and remuneration agreements concluded with the social welfare providers (Sections 75 ff SGB XII). The provision of living space to the client is regularly remunerated via the agreed basic flat rate and the investment amount and the specialist services are remunerated via the flat rate for measures (cf. Section 76 para. 2 sentence 1 SGB XII).

NPOs, church and social institutions
30. Jan 2017 Investment amounts in accordance with Section 76 (2) SGB XII can be increased retroactively to the time of the start of negotiations by agreement or arbitration board ruling BSG: Retroactive effect to the time of the start of the hearing is permissible

If a provider of integration assistance negotiates with the KVJS about the investment amounts of newly built facilities before they are put into operation, the actual or ultimately recognizable construction and other initial costs are usually not yet known at this time. The necessary operating investment costs to be recognized under performance law are usually only finally and bindingly determined by the proof of use to be provided as part of the funding procedure. For this reason, in practice the service providers often initially agree notional investment amounts with the KVJS on the basis of the planned construction costs, taking into account the construction price index. However, if the actual construction costs ultimately exceed the planned indexed construction costs, the fictitious investment amount leads to a considerable financing deficit. Such a financing deficit can be compensated for by increasing the investment amount retroactively to the start of negotiations by means of an arbitration award or an agreement.

NPOs, church and social institutions
6. Jul 2016 Fee increases in the care home contract only with the consent of the resident Background

Fee increases in the care home contract always require the consent of the resident in order to be effective. This also applies if the resident receives benefits in accordance with SGB XI or XII (BGH, judgment of May 12, 2016 - III ZR 279/15 -)

NPOs, church and social institutions
22. Jul 2015 For the reimbursement of additional personnel costs for necessary 1:1 individual support by the funding body (especially autism-related illnesses) Summary and practical tip

LSG Baden-Württemberg from 25.06.2015:Additional personnel costs for 1:1 individual care in integration assistance facilities can only be reimbursed by the funding body on the basis of an individual service agreement between the service provider and the funding body in accordance with Section 75 (4) SGB XII.

NPOs, church and social institutions
22. Apr 2015 The ineffectiveness of donations and other benefits to home operators and employees in accordance with the so-called "prohibition of benefits" under home law What do care home operators have to consider when it comes to donations, legacies or other gifts from care home residents and relatives?

According to Section 16 of the WTPG, in Baden-Württemberg "the provider of an inpatient facility and the provider of an outpatient assisted living community are prohibited from promising or granting cash benefits or benefits of monetary value in excess of the agreed or to be agreed remuneration from or for the benefit of residents or applicants for a place in inpatient facilities or outpatient assisted living communities". The regulations governing residential homes in the other federal states contain almost identical provisions.

NPOs, church and social institutions