Should we found a new political party

Party formation

The founding of a party is free according to the Basic Law and does not require a constitutive state act. Nevertheless, a few points must be observed here and are shown in the following.

In its organization, the party is bound by the general association law provisions of the Civil Code and the law on political parties.

Both the non-legal and the legal-minded association come into consideration as the legal form. The establishment of an association with legal capacity requires entry in the register of associations, which is kept at the relevant local court (registry court). The competent registry court can provide more information.

Only natural persons can be considered as founders of a party, since only natural persons can be members of a party.

To found a party you need:

  • A founding contract with the will of those involved to found a party;
  • A resolution on the party program;
  • A resolution on the party statutes;
  • The (secret) election of the party board in the composition as provided for in the statutes (but at least three members);
  • A founding protocol that documents all agreements, resolutions and elections of the party in as much detail as possible.
Legal bases

Art. 21 GG
§§ 21 - 54 BGB
Section 6 (1) and (2) PartG, Section 11 PartG, Section 15 (2) PartG

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The Political Parties Act does not provide for a minimum number of founding members. However, the board of a party must consist of at least three members.

Legal basis

Section 11 (1) sentence 2 PartG

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The party law does not prescribe a certain minimum number of party members. However, a prerequisite for the existence of party status is that the association, according to the number of its members, offers sufficient guarantee that the objective is serious. Since a specific number has not yet been specified in either case law or literature, each individual case must still be treated separately and the overall picture of the actual circumstances of an association must be considered.

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The name of a party must be clearly different from the name of an existing party; the same applies to short names. The names of political parties do not differ significantly from one another if they agree in one essential element (BGH, judgment of January 28, 1981, Az .: IV b ZR 581/80).

Preserving name protection is a matter for the private parties involved and not the task of the Federal Returning Officer. A "reservation" of party names with the Federal Returning Officer is not possible. In addition, there is no legal entitlement to a corresponding notification by the Federal Returning Officer in the event that political associations have similar names.

Legal basis

§ 4 PartG

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A comprehensive information package on the subject of “party formation” can be ordered free of charge from the Federal Returning Officer. Please use the contact form for this.