The legal status of an " association 1901 ", under the Waldeck-Rousseau law promulgated on July1, 1901, provides a framework for freedom of association in France. A number of people can freely come together to support a cultural, artistic, humanitarian or charitable cause within a non-profit organization. The structure must be managed by one or more governing bodies, to ensure its smooth operation.
Although the 1901 Act does not impose any specific rules on how an association should operate, there are generally three governing bodies: the Executive Committee, the General Meeting and the Board of Directors. Their missions are set out in the articles of association, the key document specifying all the association's operating rules.
Together, we'll be focusing on the composition and operation of the board of directors, an essential management body in almost all associations.
The founders of an association are responsible for structuring the association's management around various governing bodies. Almost all associations have an executive committee. It is made up of several members (originally, the founders) to direct the association and take the main measures of its governance.
Its role is not defined by law, but is set out in the association's articles of association. This invaluable document must exhaustively summarize all the powers of the executive committee.
The composition of the Board is left to the discretion of the association's members. The law does not impose any form of representation quota or rule on its composition. However, an association must be headed by a President, whose name is communicated to the prefectural authorities. It is customary for this person to be supported by a secretary general and a treasurer.
The Chairman decides the number of members present on the Board, depending on the size of the association.
The Chairman directs and supervises the life of the association. He is the legal representative with the power to bind the association to third parties. He is also legally responsible in the event of infringement. He is responsible for chairing the Annual General Meeting, which brings together all the members of the association.
The treasurer oversees the management of the association's accounts, ensuring that membership fees are received, expenses are allocated according to the total budget, invoices are paid and the association's annual financial statements are drawn up.
The General Secretary is responsible for sending out invitations to the Annual General Meeting and for drafting the minutes. He is also responsible for ensuring that all decisions taken are implemented during the year.
It is possible to modify the composition of an association's executive committee during the life of the association: renewal of members, reduction or increase in the number of members, etc., are common decisions. The rules governing changes in the composition of the executive committee are laid down in the association's articles of association.
He or she is usually elected by the Annual General Meeting, or by the Board of Directors, as the case may be.
It is important to note that if any of the members of the Board whose names appear in the Articles of Association are to leave, the Articles of Association themselves will have to be amended. As this is a particularly cumbersome administrative procedure, it is advisable to draw up an amendment to the articles of association.
Once the new board has been elected, you have 3 months in which to register it with the prefecture. This takes the form of a Cerfa n°13971*03 form, which must be accompanied by the minutes of the election containing the names of the members.
Running an association isn't always a smooth ride, and administrative procedures can be a real burden. Fortunately, there is a solution to simplify your daily life. Have you thought about company domiciliation?
Using the services of a domiciliation company allows you to obtain an address in a business center.
More than just a mailbox, domiciliation companies lighten your day-to-day burden by taking care of a host of tedious, low-value-added tasks: daily mail management, switchboard with call forwarding, administrative, accounting and legal assistance, and meeting room rental are all at your disposal.
With 100% digital registration, you can save precious time by quickly filling in all your details, gathering supporting documents more easily and signing your direct debit contract directly online. You'll receive a certificate of domiciliation by e-mail within a few hours.
With SeDomicilier, all it takes is 5 minutes! All your services are then available in a personalized, secure virtual office!
Written by our expert Paul LASBARRERES-CANDAU
April 19, 2021
