Gründung einer Genossenschaft in Deutschland

A German co-operative, known as a Genossenschaft, is a legal form designed for persons or businesses wishing to pursue common economic, social or cultural interests through a jointly operated organisation. It can be particularly suitable where the focus is not simply on bringing together capital, but on providing benefits to the members through their participation in the co-operative.

Under the German Co-operative Societies Act (Genossenschaftsgesetz), the purpose of a co-operative is to promote the economic activities or interests of its members, or their social or cultural interests, through a joint business operation. A co-operative must have at least three members.

How does a German co-operative work?

A registered co-operative is known as an eingetragene Genossenschaft (eG). Upon registration, it has its own legal personality. German law contains detailed provisions governing its organisation, including its management board, supervisory board, general meeting and membership structure.

One of the distinguishing features of a co-operative is its membership-based structure. The organisation exists primarily to promote the interests of its members through the joint operation rather than simply to generate returns on invested capital.

The members participate through membership interests or shares in accordance with the articles of association. New members can join after formation. German law provides that membership is generally acquired by a declaration of accession and its acceptance by the co-operative, while founding members may acquire membership by signing the articles of association.

This makes the eG particularly interesting for projects in which the number of participants may change over time.

How is a co-operative established?

Establishing a co-operative requires careful preparation of its organisational structure and articles of association. The law specifies mandatory matters that must be addressed in the articles and contains separate provisions governing the management board, supervisory board and registration of the co-operative.

The co-operative must be registered in the German register of co-operatives. Following establishment, the management board must also maintain a list of members containing the information required by law.

Before choosing an eG, the founders should therefore consider not only the intended business activities, but also the membership structure, financing, governance and the rights and obligations of the individual members.

Wie wir Ihnen helfen können

We advise clients on whether a German co-operative is an appropriate structure for their proposed activities and assist throughout the establishment process.

Our advice can include the development of the appropriate membership and governance structure, preparation and review of the articles of association and other required documentation, and assistance with the registration process.

For international projects, we can also advise foreign founders and members on the particular characteristics of the German co-operative structure and coordinate its establishment with existing corporate structures in other jurisdictions.