Setting up an association

Setting up an association

The appropriate legal form for setting up your club is an association, as is the case for other types of leisure activity. Articles 60 to 79 of the Swiss Civil Code make an association particularly appropriate when people want to come together to pursue a common ideal, i.e. a non-profit-making goal. Setting up an association with an ideal purpose in Switzerland is free of charge and does not require any particular registration with the public authorities. Since Swiss law allows associations a great deal of freedom in terms of how they are organised, the mandatory rules to be observed are relatively simple: the association can be freely set up by at least two people, who will have the status of founder members. People who join the association at a later date are usually referred to as members. It is at the founding meeting that the association's articles of association are adopted, and it is at the end of this meeting that the new association is born. They are similar to internal rules that the members of the association must respect. It is therefore up to each association to define the Articles of Association that best suit their specific needs. There are various models of these fundamental texts available on the Internet, but it is always advisable to call in a legal expert to ensure that the operating mechanisms are appropriate, because in its articles of association the association will have to set up the bodies required by law, i.e. at least a general meeting and a committee. Finally, it should be noted that freedom of association is a fundamental right guaranteed by the Constitution, as is freedom of assembly, but that these freedoms can be restricted in the event of serious, direct and imminent danger. Any restriction of a fundamental right must be justified by a public interest or by the protection of a fundamental right of others. As the new year begins with health measures linked to the pandemic, you will in any case have to respect the rules temporarily limiting the number of people authorised to meet, even if these rules will not prevent you from setting up your club while you wait for better days to organise major tournaments.