Since the law of July 9, 1901 governing associations, the founders can thus enjoy great freedom, with exceptions, for the drafting of their statutes.
However, there are still a number of rules to be aware of, especially when it comes to changing the registered office. So, what are the essential steps to take when changing your business address?
Here's our advice!
Like other types of companies, an association must have a registered office for its structure. As well as being a legal requirement, the registered address is important for the credibility of the association.
Yep, your company's registered address will show up on your Kbis extract, as well as on all your invoices and letters.
So, it's really important not to overlook it, as this detail can have a real impact on your business.
An association located in a well-known area will always be more valuable in the eyes of members and potential partners than one located in an unattractive area.
To proceed with changing the registered address of your association, the process starts with modifying the articles of association. These articles are the official documents, with freely defined content, that define the association.
The declaration of this statutory modification must be made to the registry
Following this modification request, you'll need to declare the change to the Prefecture within three months. It's super important to stick to this deadline, otherwise the association could face financial penalties of up to 3,000 euros.
The modification of the association's statutes can only take place if all the members of the board are in agreement with this decision. An extraordinary general meeting will thus be organized where the vote must be considered unanimously.
It is advisable to use the services of a lawyer to be sure to be up to standard.
Once the modification request has been made, it is mandatory to declare the new registered office within three months of the request.
You'll need to submit a file containing several documents:
- A declaration on plain paper formalizing the transfer of the registered office. The members of the board must date and sign this document, clearly showing the date of the general meeting and the list of members.
- A copy of the amended articles of association.
- A copy of the publication of the transfer notice in a legal announcement journal. 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 when the notice was published in the official journal.
- Photocopy of the receipt.
- The document attesting to the existence of the association with the new registered office address.
This step must be carried out by the person named in the association's articles of association.
If the president is appointed, it will be up to him to declare this change. If he is unable to do so, it is possible to appoint a third party to carry out this formality. If a person is appointed to declare the new registered office of the association, it will be essential to provide the supporting documents allowing him to obtain a proxy.
Like all other legal structures, an association has complete freedom to choose the registered office address that suits it.
Since the modification procedure involves a number of costs (publication of the notice in the JAL and legal fees), it's important to think seriously before defining your registered office.
An alternative can be interesting for associations, business address for associations.
Unbeatable value for money, this solution is much more economical than renting any premises.
In addition to acquiring a domiciliation address, the association will be entitled to a wide range of tailor-made services such as administrative support, telephone answering, the provision of meeting rooms, and the sending, receipt or scanning of mail.
Making life a whole lot easier!
Written by our expert Maeva Girardot
April 16, 2018
