Every association must have a corporate name in order to exist: this is simply its official name, useful for identifying it publicly to the public authorities and its members.
Its choice is made as soon as the formalities for creating the association begin. For this reason, it is important to give it particular importance.
Let's find out everything you need to know about an association's corporate name.
The corporate name of an association is its official name, which is essential to characterize it. It must therefore be mentioned in the association's articles of association when it is registered with the prefecture.
Also known as the company name (a misnomer, as this term only applies to commercial companies in reality), the company name must appear on all your official documents (official deeds, letters, invoices, delivery notes, etc.).
Some of the most well-known associations include Les Restos du Cœur, Le Secours Populaire, La Croix Rouge, La Banque Alimentaire, etc.
The founders of an association are free to choose the company name they wish, and the law imposes no particular formalities.
It is not possible to use terms specific to a regulated activity, unless you are in possession of a specific authorization. Naturally, this must not incite hatred or violence, or advocate discrimination of any kind.
Finally, your corporate name must not already be used by another association, or by a trademark registered with INPI (Institut National de la Propriété Intellectuelle).
To be effective, you need to choose the shortest, simplest and most explicit corporate name possible. It should also correspond to the association's activities, so as not to mislead anyone, for example.
Changing an association's corporate name is a major undertaking, and requires de facto modification of its articles of association.
The procedure is as follows. First of all, an Extraordinary General Meeting must be convened to decide, by a qualified majority, to amend the Articles of Association. The proportion to be attained is specified in the Articles of Association. It may be an absolute majority (50% plus one vote), or a majority of two-thirds of those voting, for example.
This decision must then be recorded in the minutes, and a new, updated version of the bylaws produced.
Next, you need to go to the clerk's office of the tribunal des associations to submit your request for modification. You can do this from your Service Public Association account, or by post, using CERFA form n°13972*02. You will need to enclose a copy of the updated articles of association, as well as the minutes.
To avoid administrative delays or rejection on procedural grounds, you need to take great care when changing your company name.
Written by our expert Paul LASBARRERES-CANDAU
March 23, 2021
