The future belongs to Berlin: Noerr and Hertha BSC make legal history together
25/05/2020
With the help of Noerr, the parent association of Bundesliga football club Hertha BSC held the first fully digital members’ meeting of a large German registered association on Sunday, 24 May 2020. More than 1,700 members took part in the virtual meeting.
The club’s in-house legal team led by general counsel Thomas E. Herrich was advised by Noerr’s Dirk Lentfer on issues relating to the law governing registered associations and articles of association. Lenfter, a partner based in Noerr’s Berlin office, has been advising the members’ meetings of the club’s parent association for many years as the chair appointed under the articles of association.
Despite the extensive bans on assemblies currently in force in Berlin, due to the exemption for associations and foundations adopted in Article 2 section 5 of the German Act to Mitigate the Consequences of the COVID-19 Pandemic under Civil, Insolvency and Criminal Procedure Law of 27 March 2020, the parent association was able to comply with the requirements in the articles of association stating that general members’ meetings have to be conducted at regular intervals. The articles of association of Hertha, Berliner Sport-Club (Hertha BSC) e. V. require it to hold one of its two general members’ meetings by the end of 31 May of each calendar year.
Nine agenda items were dealt with during the course of the digital meeting, including holding ballots and debates on these topics. At the meeting, the members of the parent association’s presidential board and supervisory board, led by president Werner Gegenbauer, were flanked by the Bundesliga club’s two managing directors Michael Preetz and Ingo Schiller.
Advisors to Hertha BSC:
In-house law: Thomas E. Herrich (lawyer and general counsel, member of the board of management), Marcus Becker (legal counsel)
Noerr: Dr Dirk Lentfer (partner), Dr Nicholas R. Palenker (associate, both Berlin)
