| |
Creating an Association
The first thing to do is to decide whether or not you
want to formally register your association.
The 1901 law allows any group of people to meet and
share common ideas without completing any legal
formalities at all.
If you opt for this formula however, your association
will have no legal personality. This means it won't be
able to open a bank account in its own name, or hire
people or carry out any other activities that must be
undertaken by what French lawyers call a moral person ('personne
morale').
But if you do decide to declare your association, you
need to draw up a list of statutes setting out exactly
what your group intends to do. If necessary, your local
prefecture can provide you with a series of standard
statutes that can be adapted to your association's
needs.
It is important that the statutes take into account all
of the possible activities your association may want to
carry out. Once you have formally registered your group
it will only be allowed to do what is mentioned in the
statutes, which can always, but only, be changed by
presenting a new declaration to the authorities. As a
rule of thumb, it is a good idea to keep the statutes as
general as possible.
Along with the statutes you will also have to write down
the full name of the association and its official
address (this can be someone's house, an office or any
similar premises BUT NOT a post office box). To this
growing pile of papers add the names, addresses, dates
and places of birth as well as the jobs of all of the
people who will be charged with running the group.
You now have all of the information necessary to
register your association. The next step is to photocopy
everything at least three times - one copy for you and
two for the préfecture - and make sure the statutes are
signed and dated by at least two members of the
association's 'bureau' (more on this below).
Finally, you need to go along to your local préfecture
to declare your association. You will also need to make
sure that your group's creation appears in France's
Journal Officiel, (official journal), which records all
legal matters across the country. This step will cost
you 38.10 Euros and should be handled by the préfecture.
If they don't mention anything, ask for the inevitable
form.
The Bureau
This is an association's management team. Most small
associations have a bureau made up of a President,
Secretary and Treasurer, who are appointed by the
members. This set up is not obligatory however, so you
can choose to manage your group differently if you wish.
If you do opt for the usual 'triumvirate' - and it
certainly seems the easiest way to run things - each
bureau member will have certain tasks.
The President tends to be the public face of the
association (especially vis à vis the authorities). The
secretary carries out tasks like the drawing-up of
minutes of meetings and sending out correspondence to
members. The treasurer is in charge of the accounts.
It is usually a wise move to ensure that the treasurer
does not have the right to sign checks in the
association's name. This avoids a risk that he or she
may be accused of trying to embezzle funds.
The General Assembly
At least once a year, all of an association's members
MUST meet to discuss the group's business, elect bureau
members etc. It is also possible to call extraordinary
general assemblies if necessary.
Profits
Contrary to popular belief, associations can make
profits. But they are not allowed to distribute money
amongst their members. Profits must be re-invested in
the association or used to cover the group's costs.
Classic profit-making activities carried out by
associations include organising dances, fêtes, and other
social events in order to raise money for the group. A
word of warning, however. If profit-making becomes your
association's primary activity, you could find yourself
in trouble.
It is possible for an association to have the pursuit of
money as its number one aim but this must be clearly
mentioned in the statutes and money-making groups must
pay certain business taxes.
You're OK if you're making money to support your group's
main activity but you'll get into trouble if making
money is your group's main activity.
Subsidies
Registered associations have the right apply for
subsidies from all of the usual sources. Whether they'll
actually get any money or not is of course another
matter.
For more information
Contact your local préfecture - telephone number in the
yellow pages.
http://wfa.pagesjaunes.fr
or
http://www.interieur.gouv.fr
Article written by Simon Coss in Expatica.com |