Lower liability risk for volunteer accountants of a club

In Austria, clubs, such as sports clubs or cultural clubs, have always enjoyed great popularity. Especially among small clubs are the Organs of the association (Chairman, Treasurer, Auditor etc.) are occupied by members of the association, who perform these tasks voluntarily and thus free of charge take over. With the Association Law Amendment 2011 Is it too Liability relief for volunteers Auditor came.

Every club has at least 2 Auditors to order, whose main task is to Financial statement of the association With regard to the Orderliness of accounting and the statutory use of the funds, within four months of the creation of the Income-Expenditure Statement to examine. You have the To confirm the propriety or to point out any defects as well as unusual income or expenses (especially insider trading) to engage in. The Examination of the income-expenditure account by (voluntarily) appointed auditors Small or medium-sized clubs close, because clubs that have ordinary income or expenses of more than €1 million present a Annual financial statements have to be posted. If even income or expenses are reported in. 3 million € if the annual collected donations exceed €1 million, a final audit by an external auditor is required. Auditor mandatory. Those who work regularly for a fee Auditor then takes over the Tasks of the Auditors.

Liability towards the club and third parties

If Organs one of the associations in the exercise of its duties a Cause damage, They can basically be used internally, i.e. opposite the club, as well as externally (e.g. towards third parties, who trust in the proper management of the association) personally liable. To ensure that even the smallest negligence or even pure chance does not lead to liability, the Extent of culpability of the unacceptable behavior is decisive for liability. This, in turn, also depends on the Careful, the Skills and Knowledge of the organ and also of the Size of the club (and indirectly from the expected professionalism of the performance) dependent.

Now responsible one an auditor acting free of charge towards the club (and therefore intern) only in case of intent or gross negligence, Unless something else has been agreed upon or specified in the club's statutes. Third the initial situation is more complex, as a limitation of liability is imposed not at the expense of third parties (e.g. from the club's creditors) should go. Consequently, there Personal liability of the auditor towards third parties especially in Intention or Grossly negligent conduct.

At Simple negligence besteht aus Liability the auditor in principle also, but he can regress against the club or the cover by a Organ or Manager Liability Insurance require of the association.

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