Exclusion of association members
In principle, the association is able to freely regulate the exclusion of association members. There are only a few mandatory legal regulations to be observed. The exclusion from important professional and economic organisations is an exception.
The Swiss association law is very flexibly organised. The association enjoys great freedoms concerning the management of the organisation, the admission (see blog post) and exclusion of association members.
In a legal sense, the association is an association of persons which serves to pursue non-economic objects. The members are at the centre of the association.
Exclusion of association members
In accordance with the law, the loss of membership is possible by withdrawal from the association (art. 70 par. 2 ZGB). A withdrawal is possible at the end of the calendar year or management period subject to a half-year cancellation notice according to art. 70 par. 2 of ZGB. The association statutes can further facilitate the withdrawal by allowing for a withdrawal at the end of the month, for example. A complication of the legal regulation of art. 70 par. 2 of ZGB is not possible. The requirement to submit a withdrawal appeal in writing is not a complication of the withdrawal. The courts recognise a right to immediate withdrawal in the case of an important reason which makes the member’s remaining in the association unreasonable.
A member may be excluded from the association for important reasons or reasons specified by statute (art. 72 of ZGB). It is not necessary to state the reason if it is specified in the statutes (art. 72 para. 2 ZGB). A court is also entitled to not examine such an exclusion without stated reasons.
The association may also include an automatic termination of membership in its statutes, if certain conditions cease to apply (e.g. when reaching a certain age or in case of failure to pay membership fees).
Special case – professional and economic organisations
In the association law, professional and economic organisations are special cases. These organisations are – in some areas – of major importance because they wield great influence on the market as an authoritative organisation of an industry. Withdrawing from a trade organisation of this kind can seriously endanger the economic existence of a company. Therefore, the jurisdiction recognises that a member of an important professional or economic association may only be excluded for important reasons and not without a stated reason or for any statutory reasons.
No entitlement to association funds
A withdrawing member is not entitled to a stake of the association funds, unless the statutes specify otherwise.
