Beschlussfähigkeit

Beschlussfähigkeit, a German legal term, refers to the ability of a body, such as a parliament, committee, or shareholders' meeting, to make valid decisions. It is a fundamental requirement for the legitimacy of any resolution passed by such a body. Generally, Beschlussfähigkeit is established when a quorum of members is present. The specific quorum requirements are typically defined by law, internal rules of procedure, or statutes. For example, a parliament might require a certain percentage of its members to be in attendance for a vote to be considered valid. Similarly, a company's articles of association might stipulate the minimum number of shareholders or their representatives needed for a shareholders' meeting to be beschlussfähig. If a body is not beschlussfähig, any decisions made during that session are legally void and have no effect. The concept ensures that decisions are not made by a mere handful of individuals but represent a broader consensus or a sufficient level of participation from the members entitled to vote. The ascertainment of Beschlussfähigkeit often occurs at the beginning of a meeting or before a vote is taken.