Admission to the association
The Swiss association law is very flexibly organised. The provisions for admission to the association can therefore be freely stipulated in the articles of association. The accession to important professional and economic organisations is an exception.
The association is a form of organisation which serves to pursue non-economic, non-profit-making objects. At the centre of the association are its members, which therefore makes it an association of persons in a legal sense. The association was only partially regulated by the legislator, as a consequence one is completely free in the inner organisation. This organisational freedom also extends to the admission of new members to the association.
Admission to the association
Admission to the association is attained by obtaining membership. This is attained through participation in its founding or by subsequent entry. New members can enter at any time (art. 70 par. 1 of ZGB), unless stipulated otherwise by the statutes.
Entry to an existing association is the norm. In this case, the association is free to decide which requirements must be met for entry. It is important that the requirements for entry are written down in the association statutes. Due to the organisational freedom of the association law, interested parties have neither a right nor obligation to join.
A legal claim to admission to the association may exceptionally arise due to art. 12 and 13 anti-trust law or art. 28 et seqq. of ZGB (protection of personality rights).
Special cases – professional and economic organisations
In the association law, professional and economic organisations are special cases. These organisations are of great significance in some areas, because – among other things – they lay down industry-specific standards or ensure vital benefits (e.g for purchasing groups). The refusal of admission can have a significant impact on a company and under some circumstances can mean bankruptcy.
Therefore, the jurisdiction recognises a right to join in important professional and economic associations, if the candidate company fulfils the statutory requirements.
Transferability of membership
Membership is neither inheritable nor transferable according to art. 70 par. 3 of ZGB. However, there may be a deviation from this regulation in the association statutes.
