How do you transfer your association's registered office?

Today, there are around 1.3 million associations in France, with an average of over 67,000 associations created every year. Given the exponential growth in the number of associations in recent years, these 2016 figures may have undergone some changes.

Since the law of 1901, setting up an association has been a fairly straightforward process. By definition, an association is a legal entity made up of two people whose aim is to carry out a non-profit project. There are, however, a number of legal formalities that must be complied with.

This is the case for head offices, whose transfer gives rise to a number of procedures

Steps involved in transferring a registered office for an association

As a reminder, the registered office defines the address where a company or associationis domiciled. This address is important, as it will be mentioned on all administrative documents and correspondence.

But if, for any reason, the manager needs to change this address, there are several steps to consider in the change process:

Modification of the articles of association

A change of registered office requires a modification of the association's bylaws . This update of the registered office address must be consulted beforehand by the board members at an extraordinary general meeting. Unlike a company, the content of an association's articles of association is free. However, it is advisable to consult a lawyer to ensure that they comply with current standards. For this reason, it is essential to carry out the various stages of the modification process in an organized manner. Failure to do so could result in opposition from one of the association's members.

Declaration of new registered office

Once the articles of association have been updated, the association is required to declare the new registered office to the Préfecture within 3 months. This is an extremely important step, as failure to do so can result in a financial penalty of up to 3,000 euros. The application must include a number of documents:

• A declaration on plain paper of the transfer of the registered office. This document must be dated and signed by an officer, mention the date of the general meeting, and list all officers and board members.
• A copy of the amended articles of association
• A copy of the transfer notice published in a legal gazette
• The form used to publish the advert in the JO, which will be supplied by the prefecture.
• A photocopy of the receipt
• Proof of recent address

Who is authorized to transfer the registered office of an association?

Not just anyone can declare the transfer of the registered office. To carry out this formality, the initial declaration, to be registered with the RNA (Registre National des Associations), must include the association's articles of association. If the articles of association mention the President, it is he or she who must carry out the modification procedure with the prefecture.

If the Chairman is unable to carry out this task, he or she can appoint a second person to do so. 

In this case, the signature of one of the persons responsible for the administration of the structure must be attached to the mandate.

The cost of relocating an association's head office

Although less significant than for a company, there are still a few costs to consider when transferring a registered office. The main cost is the publication of the transfer notice in , the legal gazette. The flat rate for an announcement of up to 1000 characters is 31 euros. However, if the notice is longer than 1000 characters, it will cost 150 euros. This payment is made to the JO, following publication of the notice. An invoice will then be sent to the association's administrative address by the DILA (Direction de l'Information Légale et Administrative).

If you call on the services of a lawyer to amend the articles of association, you will also have to consider legal fees.

While this service may appear to be of secondary importance, it is nonetheless advisable to carry out this modification in the best possible way.

Conclusion

As is the case for companies, choosing for your association's business address is a long-term solution offering unbeatable value for money. In fact, administrative simplicity is a significant advantage, as is the all-inclusive rate, which totally exempts you from the cost of transferring your registered office.