Resignation of a member of an association: what is the procedure?
Verified 21 March 2022 - Directorate for Legal and Administrative Information (Prime Minister)
General case
In principle, a member of an association may freely resign at any time if he is up to date with his contributions for the current year. However, provisions in the statutes may make resignation subject to certain conditions. In all cases, the drafting of a resignation letter is advisable. When the resignation comes from the president or an ex officio member of the association, special features apply.
Any member of an association may withdraw from it at any time.
Without specific provisions in the statutes, resignation is not subject to any conditions or formalism.
The resignation takes effect as soon as the association is notified.
A member of the association may not oppose the departure of another member.
Where the articles of association lay down the conditions under which resignation must be submitted, those conditions must be complied with in order for resignation to be taken into account.
The articles of association may, in particular, provide that resignation will be admitted once the period of notice has expired or if the resigning member is up to date with his contributions. They may also provide for the receipt of a letter of resignation.
The resignation must be clear and unequivocal.
Even if it is not provided for in the statutes, the drafting of a letter of resignation is advisable. It should be addressed to the governing bodies.
The association must then to declare the change of direction, within 3 months, at the Registry of Associations of the department of its registered office.
If the association is also registered in the SIRENE Directory, it must also report this change to INSEE.
The resigning director must return to the association all the documents in his possession (accounting books, checkbooks, list of members, ...).
In principle, the resigning member may not withdraw from the procedure once the procedure has been initiated unless the statutes allow it.
The personal data of the resigning member is deleted from all the files of the association, unless he gives his explicit consent. The information concerned is first and last names, date of birth, postal and e-mail addresses, telephone numbers, statement of contributions, bank details.
However, the personal data necessary for the accounting records and the minutes of meetings or activities may be kept.
Alsace-Moselle
A member of an association may freely resign at any time, but subject to the conditions laid down in the statutes. Without specific provisions in the statutes, resignation is not subject to any conditions or formalism. It shall be effective as soon as it has been declared to a member of the management.
Where the articles of association lay down the conditions under which resignation must be submitted, those conditions must be complied with in order for resignation to be taken into account.
In particular, the statutes may provide that resignation will be accepted only at the end of a year or once notice has been given (up to 2 years). These two conditions may be cumulative.
No other conditions may be required.
The association must then declare this change at the registry of the court of first instance within whose jurisdiction its registered office is situated, for entry in the register of associations.
Who shall I contact
If the association is also registered in the SIRENE Directory, it must also report this change to INSEE.
In principle, the resigning member may not withdraw from the procedure once the procedure has been initiated unless the statutes allow it.
The personal data of the resigning member is deleted from all the files of the association, unless he gives his explicit consent. The information concerned is first and last names, date of birth, postal and e-mail addresses, telephone numbers, statement of contributions, bank details.
However, the personal data necessary for the accounting records and the minutes of meetings or activities may be kept.
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