Recognition of a forestry association and granting of legal capacity as a commercial association

1. The forest management association must be a person under private law,
2. The forest management association must enable a significant improvement in the management in terms of size, location and connection of all closed plots,
3. The articles of association or partnership agreement must contain provisions on
   • The task
   • The financing of the task
   • The right and obligation of the forest management association to monitor the fulfillment of the task
   • Regulatory measures or contractual penalties in the event of culpable breach of essential membership obligations
   • The obligation of the members to have all or part of the timber intended for sale offered for sale by the forest management association, insofar as it has the task of selling the timber
4. If the forest management association chooses the legal form of a cooperative or association with legal capacity with commercial business operations, the articles of association must also contain the following points:
   • the conditions for acquiring and losing membership, whereby membership may be terminated at the earliest at the end of the third full financial year and the notice period must be at least one year
   • the bodies, their duties and the way in which resolutions are passed. It must be stipulated that resolutions on the type and scope of the forestry measures to be carried out and on joint sales rules, insofar as the Board of Directors is not entitled to pass resolutions on these in accordance with the Articles of Association, are to be passed by the general or members' meeting and require a two-thirds majority of votes
5. If the legal form of a corporation is chosen, it must be ensured that the shareholders jointly pursue the tasks of the community for at least three full financial years.
6. It must have at least seven members.
7. It must allow significant competition to exist on the timber market.
   

You can submit the application for recognition informally by e-mail or by post to the responsible office.

Personal appearance required: No

• Informal application
• Statutes
• Description of the size of the area to be farmed
• Invitation and minutes of the foundation
• List of members

• Submit an informal application.
• Enclose all necessary documents with the application.
• Submit the documents to the Lower Saxony Ministry of Food, Agriculture and Consumer Protection.
• You will then receive information about the approval or rejection of the application by post.
  

none

The processing time is usually
2 to 3 weeks.

If the forest management association includes community forests, it may also be recognized as such if it has fewer than seven members.

• § Section 18 of the Federal Forest Act (BWaldG)

An action against the decision may be brought before the Hanover Administrative Court within one month of notification, either in writing, for the record of the clerk of this court or in accordance with the Lower Saxony Regulation on Electronic Legal Transactions in the Judiciary (Nds. ERVVO-Justiz), as amended, by submitting electronic documents.

• Hanover Administrative Court
• Lower Saxony Ordinance on Electronic Legal Transactions in the Judiciary (Nds. ERVVO-Justiz)