Amendment of the articles of association
Verified 03 December 2021 - Directorate of Legal and Administrative Information (Prime Minister), Ministry for Associative Life
A combination may freely amend its statutes to change, for example, the name, purpose and registered office. However, it must declare any changes to the Staff Regulations (i.e. any change in the articles of association) association registry. In Alsace-Moselle, this declaration shall be made at court for registration in the register of associations.
General case
Step-by-step approach
The statutes of an association may be freely amended.
The articles of association generally provide for its conditions of amendment, but they may not provide for anything.
Répondez aux questions successives et les réponses s’afficheront automatiquement
The procedure is laid down in the statutes
The statutes may specify, for example, who has the possibility to propose the amendment and how to adopt it (competent body, quorum, majority, ...).
The statutes do not provide for anything
If the statutes do not provide for anything, the amendment decision must be adopted at a general meeting of the majority the votes of the members present and represented.
However, if the effect of the statutory amendment is to increase the commitments of members (e.g. the purpose of the amendment is to exclude a member without disciplinary grounds), it must be adopted in theunanimity members.
However, the law may provide for a mandatory provision. This is the case for the departmental federations of approved associations for fishing and protection of the aquatic environment, for hunting associations,...
An association must declare, within 3 months, amendments to its statutes in the registry of associations of the department of its registered office.
Such changes may relate to any of the following:
- Name of the association (and its initials)
- Purpose of the association (i.e. its activity(ies))
- Head office
- Statutory provisions (e.g. changes to the functioning of the General Meeting)
These changes are not enforceable against third parties from the day on which they are declared at the Registry of Associations.
The declaration is made online, by mail or on site (inquire in advance about opening hours). It shall be carried out by one of the directors or by a person authorized to act.
By mail
A form is to be completed and sent to the Registry of Associations.
On the spot
A form must be completed and submitted to the Registry of Associations.
Documents to be supplied
The folder should contain the following:
- Copies of the deliberation and the statutes updated and signed by at least 2 officers must be attached to the declaration.
- When the process is carried out by a mandated person, mandate bearing the signature of a director
The declaration shall give rise to the issue of receipt (by post or by mail). This document is useful to the association in its efforts and must be kept.
Publication in the Official Journal
Only certain amendments may be published, if the management so wishes, in the JOAFE: titleContent. These are amendments to any of the following:
- Name of the association (and its initials)
- Object
- Address of its registered office
The request for publication in the OJATE shall be included in the change declaration form in the prefecture (online and cerfa).
Publication in the JOAFE is free.
Penalty
Failure to report shall result in a fine of up to €1,500 (€3,000 in case of recurrence).
Warning
if the association is registered in the SIRENE Directory and has an EPA code, any change in the name, purpose or address of the seat must be subject to a statement.
Alsace-Moselle
Step-by-step approach
The statutes of an association may be freely amended.
They generally provide for its conditions of amendment, but in some cases the statutes do not provide for anything.
Répondez aux questions successives et les réponses s’afficheront automatiquement
The procedure is laid down in the statutes
The statutes generally provide for the following:
- Conditions for amendment
- Procedure under which a draft amendment may be submitted by the management or part of the members
- Procedure under which a regularly submitted draft can be adopted (competent body, quorum, majority, ...).
The statutes do not provide for anything
If the statutes do not provide for anything, their amendment must be adopted by the majority of ¾ members present.
In the event of a change in the purpose of the association, all members are required (agreement from members not present must be given in writing).
The association must declare any amendments to its statutes to the court in whose jurisdiction its registered office is located, for entry in the register of associations.
Who shall I contact
The declaration shall be made on free paper, signed by the signatories to the statutes, and indicating the name (if any, the abbreviation), the subject and address of the registered office or the domicile of the association.
It is carried out by a director of the association.
These changes may consist of a change in any of the following:
- Name of the association (and its initials)
- Purpose of the association (i.e. its activity(ies))
- Head office
- Statutory provisions (e.g. changes to the functioning of the General Meeting)
These changes are not enforceable against third parties from the day on which they are declared in court.
Who shall I contact
Documents to be provided
The following documents must be submitted to the court:
- Original and copy(s) of the minutes of the general meeting that adopted the amendment
- Original and copy(s) of the amended statutes. The original shall be endorsed with the entry in the register of associations and returned to the directors of the association.
To find out the number of copies of these documents to be handed over, it is useful to call the competent court.
In the event of a transfer of the seat of the association involving a change of competent court, the declaration shall be made at the court where the association is registered.
This court transfers the association's file to the new competent court.
When the file is complete, the court registry issues a receipt of the declaration within 5 days. This document is useful to the association in its efforts and must be kept.
Penalty
Failure to report shall result in a fine of up to €10,000.
Who can help me?
Find who can answer your questions in your region
Articles 5 and 8
Articles 33, 71, 78
Article 30(1)
Service-Public.fr