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European Cross-Border Association

Marco Bertolini

Created on July 7, 2025

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Transcript

No need for a branch

European Cross-border Association (ECBA)

Moving headquarters

Defending our interests

Association or company?

Merger of associations

A new legal entity for associations developing international projects.

Transnational donations

Activities abroad

Local VAT number required

Infographic based on Civil Society Europe documents

Most Member States do not allow associations to establish their registered office in another Member State. Even if this is possible in the country of origin, it is not automatically the case in the target country.

With the ATE, the recognition of legal personality in all the countries of the European Union will make it possible to move the registered office to any member state.

Some member states require the creation of a local branch to operate in their area. For example, to recruit staff or open a bank account. They may impose additional administrative formalities.

With the status of European cross-border association, each association will be treated as a national association.

The draft directive prohibits any restrictions or additional obligations on the participation of European cross-border associations in public debates, whether on a regular or occasional basis.

Some Member States impose restrictions on advocacy activities by foreign associations.

Certain administrative practices in the Member States prevent associations from carrying out their activities in another country, such as organising general assembly meetings.

The ATE legislation will provide a uniform set of rules that will enable associations to set up transnational activities.

If the legislation is adopted with the European Parliament's amendments, it will make it easier for associations from different member countries to merge.

Transnational mergers of associations are very difficult, whereas commercial companies can merge very easily.

Some Member States regard foreign associations as commercial enterprises rather than non-market players. This can have an impact on purchases, sales of services, etc.

The single legal personality will enable all associations to be treated in the same way throughout the Union.

The directive recognises the freedom to receive funds from a country other than that of one's establishment. The recognition of legal personality at European level and the single VAT number should make banks less wary.

Associations are finding it difficult to receive donations from abroad, even within the European Union. In addition, banks apply risk reduction strategies that can limit access to transnational contributions.

Associations often have to use a local partner to sign a commercial contract (to rent premises or equipment, for example) because a local VAT number is required. This can lead to additional costs for the association and dependence on certain partners.

The European cross-border association will have a single VAT number valid throughout the EU.