Since the July 9, 1901 law governing associations, founders have enjoyed considerable freedom in drafting their articles of association.
However, there are a number of rules to be observed, particularly when it comes to changing the registered office. So what are the essential steps to follow when changing your registered office?
Here's our advice!
Just like any other type of company, an association must have a registered office for its structure. As well as being a legal obligation, the address is important for the association's credibility.
In fact, the registered office address will appear on the Kbis and on all the association's invoices and correspondence.
It is therefore essential not to neglect it, as this detail can have a real impact on your structure.
An association located in a well-known neighborhood will always be more valuable to members and potential partners than one in an unattractive area.
To change the registered office of an association, the first step is to amend the articles of association. The articles of association are the official documents defining the association.
This modification to the articles of association must be notified to the Registrar's Office.
Following this request for modification, it will be necessary to declare the change to the Prefecture within three months. It is very important to respect this deadline, otherwise the association risks financial penalties of up to 3,000 euros.
Amendments to the association's bylaws may be made if, and only if, all board members agree with the decision. An Extraordinary General Meeting will then be held, at which a unanimous vote will be required.
It's advisable to call on the services of a lawyer to make sure you're up to standard.
Once the request for modification has been made, it is mandatory to declare the new registered office within three months of the request.
A file must therefore be submitted, containing several documents:
- The declaration on a blank sheet of paper formalizing the transfer of the registered office. Board members must date and sign this document, leaving the date of the general meeting and the list of members clearly visible.
- A copy of the amendment to the bylaws.
- A copy of the publication of the transfer notice in a legal gazette. This step is essential and will cost between 30 and 150 euros, depending on the number of characters.
- The form issued by the prefecture that was used to publish the notice in the official gazette.
- Photocopy of receipt.
- The document attesting to the association's existence, with the new registered office address.
This procedure must be carried out by the person indicated in the association's articles of association.
If the Chairman is appointed, it will be up to him to declare the change. If he or she is unable to do so, a third party may be mandated to carry out this formality. If a person is thus mandated to declare the association's new registered office, it will be imperative to provide supporting documents enabling him/her to obtain a power of attorney.
Like all other legal forms, an association is free to choose the address for its registered office.
As the modification procedure entails a number of costs (publication of the notice in the JAL and lawyers' fees), it is important to think carefully before defining your registered office.
There is an interesting alternative for associations: commercial domiciliation for associations.
Unbeatable value for money, this solution is much more economical than renting any premises.
In addition to the acquisition of a domiciliation address, the association will be entitled to a large number of tailor-made services, such as administrative support, telephone reception, the provision of meeting rooms and the dispatch, reception or digitization of mail.
It makes life a whole lot easier!
Written by our expert Maeva Girardot
April 16, 2018
