Legal opinion “WGG: Auditing Association and Change of Association” Publication as an expert article in the professional journal “wohnrechtliche blätter:wobl”
The challenge: founding a new auditing association
Non-profit developers are required to belong to an auditing association (mandatory association) and to undergo audits by this auditing association (audit requirement). Until now, there was only one auditing association. The founding of a new auditing association for non-profit developers for the first time raised complex issues under association and civil law.
Our client was interested in an expert clarification of these questions and the legal consequences of a change of the auditing association in order to be able to make and enforce its entrepreneurial decisions with legal certainty.
From legal problem (change of auditing association) to legal opinion
Terminating membership of the previously existing auditing association and establishing membership of the newly founded auditing association also has an impact on (ongoing) audits.
Dr. Georg Rihs prepared a comprehensive and fundamental legal opinion in which he clearly answered the relevant questions under association and civil law and presented independent solutions, which were subsequently adopted.
Due to the novelty and complexity of the subject, it was necessary to examine the interaction of several areas of law (law of associations, general civil law, civil procedure law, law of cooperatives and commercial register law) and to develop independent conclusions. A thorough research in the legal literature was followed by the preparation of a legal opinion in which Dr. Georg Rihs examined the legal situation, the case law and the legal literature and provided a structured answer to the – new – legal questions.
The legal opinion led to clear and favorable results for the client.
Publication of the legal opinion on the new framework conditions for the revision in a legal journal
The legal opinion provided by Dr. Georg Rihs attracted attention and interest among experts. An adapted version of the legal opinion was published in the legal journal “wohnrechtliche blätter: wobl” under the title “WGG: Revisionsverband und Verbandswechsel” and is available there to interested experts.
The publication is also of interest to the client because the solid and well-founded conclusions have thus found their way into legal literature. Other market participants, supervisory authorities and courts can refer to these conclusions and discuss them.
This case study shows how our legal opinions can help to ensure legal certainty and clarity for our clients, thereby achieving practical results.
If you have any questions about this topic or any other aspects of public and administrative law, please do not hesitate to contact our law firm. We can provide you with customized legal opinions that will help you and your company make informed decisions and minimize legal risks.
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