Can an association's application for a declaration be refused?

Verified 22 November 2022 - Directorate for Legal and Administrative Information (Prime Minister)

In principle, the administration cannot oppose the declaration of an association if the file is complete and the intended purpose of the latter is in conformity with the law.

General case

The Registry of Associations may not oppose the declaration of an association once the declaration file is complete.

The Registry of Associations must deliver a receipt, dated and signed, from the prefect of department, within 5 days after the deposit.

This receipt lists the documents provided.

Where the declaration file is incomplete, the issue of the receipt is delayed pending the missing documents.

The delivery of the receipt does not mean that the purpose of the association complies with the law. If the administration considers that an association is not complying with the law, it will refer the matter to the public prosecutor's office who may, after having conducted an investigation, apply for its dissolution by the court of the place where the association has its registered office.

An association must not be based on an unlawful cause or purpose, contrary to the law or morals. Nor can it be aimed at undermining France’s integrity and the republican form of government.

Alsace-Moselle

The court may not oppose the declaration of an association if it fulfills all of the following conditions:

  • The number of members of the association shall be at least 7
  • The statutes shall specify the purpose, name and registered office of the association and shall specify the obligation to be entered in the register of associations
  • The statutes shall be signed by at least 7 members and shall bear the date of their establishment
  • The statutes shall contain provisions on the entry and withdrawal of members, the nature of members' contributions, the formation of the management, the conditions for convening general meetings, the form in which meetings are convened and the method of recording resolutions of meetings
  • The declaration shall be made by the management. It shall be accompanied by the original and a copy of the statutes and a copy of the resolutions relating to the appointment of the Directorate.

If these conditions are not met, the declaration shall be temporarily rejected by the Registry of the Court, together with the reasons for the regularization.

If these conditions are met, the court must give the association a dated and signed receipt.

The delivery of the receipt does not mean that the purpose of the association complies with the law. If the administration considers that an association is not complying with the law, it will refer the matter to the public prosecutor's office who may, after having conducted an investigation, apply for its dissolution by the court of the place where the association has its registered office.

An association must not be based on an unlawful cause or purpose, contrary to the law or morals. Nor can it be aimed at undermining France’s integrity and the republican form of government.

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