Initial declaration of an association 

Verified 02 January 2023 - Directorate of Legal and Administrative Information (Prime Minister), Ministry for Associative Life

You're creating an association and, for it to get the legal capacitySo, you're going to make his initial statement? We explain how to do it and guide you step by step.

The procedure differs depending on whether the association's headquarters are in Alsace-Moselle (Bas-Rhin, Haut-Rhin and Moselle departments) or elsewhere.

General case

To be able to conclude a contract, take legal action, receive a grant, etc., the founders of an association must file a declaration with the Registry associations. It shall be published in the JOAFE: titleContent. The association thus acquires legal personality (autonomy of the structure vis-à-vis its members and directors) and legal capacity (possibility of concluding acts such as contracts, donations, which bind the association vis-à-vis third parties).

Step-by-step approach

The declaration shall include the following:

  • Name of the association, as it appears in the statutes (maximum 250 characters), and the initials, if any
  • Subject, as the founders wish it to be published in the JOAFE: titleContent
  • Address of the registered office (and the management address of the association if different)
  • Date of the meeting at which the creation of the association was decided

The declaration must be accompanied by the following documents:

  • A copy of the minutes of the constituent meeting, signed by at least one officer, with the name and surname of the signatory
  • Copy of statutes, dated and signed, by at least 2 directors and including their surname, first name and position within the association
  • List of managers mentioning their name, profession, domicile and nationality
  • List of member associations (in the case of a union or federation of associations)
  • Where the procedure is carried out by a mandated person, a mandate bearing the signature of a director
  • When the procedure is carried out by post, a postage-paid envelope at the tariff in force (20 grams), in the name and address of the operator

Warning  

the declaration may be rejected if a date of birth appears on the attached documents (statutes, minutes, mandate). This information should not be included.

The declaration shall be made by one of the members in charge of the administration of the association or by an authorized person.

The declaration can be made online, on-site or by mail.

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Online

The declaration can be made using the e-creation online service:

Creating an association (e-creation)

On the spot

The declaration may be made at the Registry of the department where the association will have its registered office (inquire in advance about opening hours).

Who shall I contact

By mail

The declaration may be made by sending a letter on free paper to the Registry of Associations of the department where the association will have its registered office.

Who shall I contact

Warning  

if you create a owner's association, the declaration is made differently.

The Registry of Associations shall issue a receipt within 5 days of the submission of the complete file of the declaration of establishment.

If you have made your request directly online, the receipt is sent to you on your association area, via your account Public-Service.

In other cases, the receipt is sent to you by e-mail (or by post if the e-mail address has not been communicated).

This document contains the association's National Register of Associations (NAS) registration number. It is useful to the association to carry out all the steps on its behalf. It must be kept.

FYI  

due to the large number of files received, the time required to issue the receipt may be longer in some prefectures or sub-prefectures.

When declaring the creation of the association, the Registry of Associations registers it in the National Directory of Associations (NAS).

This entry results in a 1re registration as a RNA number, sometimes called by the administration file number, consisting of W followed by 9 digits.

The NAS number appears on the return receipt.

For an association to obtain legal personality (autonomy of the structure from its members and leaders) and legal capacity, its creation shall be subject to publication in JOAFE: titleContent.

In practice, the request for publication in the OJTF is included in the declaration form (online and using the cerfa).

The Registry of Associations forwards the request for publication to the Directorate of Legal and Administrative Information (Dila), which publish an extract of the declaration. This extract contains the following information:

  • Date of declaration in prefecture
  • Title of Association
  • Object
  • Address of the registered office of the association

In order to be able to justify the existence and legal capacity of the association, the directors may download a copy of the ad published in JOAFE, or proof of publication.

This document is to be kept throughout the life of the association.

Publication in the JOAFE is free.

The deadline for the transmission of the declaration to the Dila by the associations' registries depends on the prefectures and the periods of the year.

Upon receipt of the publication request by the Dila, the advertisement is broadcast within 10 days.

The publication takes place every Tuesday.

Alsace-Moselle

In order to acquire legal capacity, a member of the association's management must register him or her in the register of associations of the court.

Step-by-step approach

Registration is done by creating the following file:

  • Original and copy of the statutes, stating the date of their establishment, and signed by at least 7 members
  • Copy of the minutes of the constituent meeting

The file must also contain a declaration on free paper, signed by the signatories to the articles of association, indicating the following:

  • Name (and possibly the initials), purpose and address of the registered office or domicile of the association
  • List of members of the management with their surname, first name, date and place of birth, domicile, nationality and position within the association
  • Name of the newspaper authorized for legal and judicial announcements in which the management of the association wishes the creation of the association to be published

Registration in the register of associations may be made by a member of the association's management

  • by the dedicated online service
  • or by filing a paper file with the court in whose jurisdiction the association will have its seat.

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Via the Internet

The following online service shall be used:

Creation of an association in Alsace-Moselle

Warning  

a paper copy of the statutes, signed by the founding members, must be sent to the registry of the judicial or local court (association office) on which the municipality where the association sits.

Who shall I contact

On the spot

Registration in the register of associations must be made by a member of the association's management at the registry of the local or judicial court (association office) on which the municipality where the association sits is dependent.

The file shall contain the following documents:

  • Original and 1 copy of the association’s statutes
  • Minutes of the constituent meeting
  • Declaration for registration in court

To know the number of copies of the documents to be submitted, it is advisable to call the court geographically competent according to the seat of the association.

Who shall I contact

When the file is complete, the court registry issues a receipt of the declaration to the declarant within 5 days.

This document is useful to the association in all the steps it will take on its behalf. It must be kept.

The Registry of the General Court shall verify whether the following points are complied with:

  • The association has at least 7 members
  • The statutes shall contain the purpose, name and registered office of the association
  • The name chosen is clearly different from the names of associations that exist in the same place or in the same commune
  • The statutes provide that the association must be entered in the register of associations
  • The Statutes shall contain provisions on the following points:
    1. Entry and withdrawal of members
    2. Existence and nature of the contributions to be provided by members
    3. Management training and conditions for convening meetings of members
    4. Form of the summons and method of recording the resolutions of the meeting

If this is the case, the court registry shall publish the creation of the association in the newspaper of legal advertisements chosen by the association.

Once the association is registered in the register of associations, it is the recipient of the certificate of registration in the register of associations, sent by the court. It is also the recipient of the advertisement published in the legal advertisement journal (which is normally sent by the journal). If this is not the case, it is up to the association's management to obtain this ad.

These documents are to be kept by the association throughout its existence.

Publishing Cost

The costs of publication shall be borne by the association.

They must write a check for the cost of the ad in the chosen journal. The check shall be made payable to the Registry or to the Treasury Accounting Officer's order or to the order of the selected journal, as indicated by the Registry.

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