What is the procedure for excluding a member from an association?

Verified 31 May 2023 - Legal and Administrative Information Directorate (Prime Minister)

Would you like to know the reasons why an association may exclude one of its members, what is the procedure and whether its decision can be questioned? We'll give you the information you need.

Exclusion is a decision taken by the association, as a sanction. The latter may be decided when one of its members breaches the rules of the Staff Regulations (i.e. one of the obligations laid down in the Staff Regulations) or when rules and regulations.

These may be:

  • Inappropriate behavior
  • Assault of other limb
  • Deterioration of property belonging to the association

Exclusion is to be distinguished from delisting, which is the administrative consequence an exclusion, an application by a member or a straightforward application of the statutes of an association.

This is the case when:

  • One of its members no longer fulfills a condition laid down in the statutes to be a member of the association
  • A member wishes to leave the association
  • One limb dies

Rules and regulations In principle, the articles of association or the freely the grounds for exclusion and the procedure to be followed. If the latter is not rigorously followed, the sanction imposed on a member may be called into question.

Where the articles of association do not provide details on these points, it is in principle up togeneral meeting to make a decision.

Two main causes can lead a combination to exclude one of its members:

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Non-payment of contributions

The situation varies depending on what the statutes contain.

The articles of association provide that the non-payment of the membership fee shall lead to the automatic exclusion of the member

The association notes automatic exclusion of the Member concerned, without any special procedure being required.

As long as the effective deletion has not been notified to the member, the latter shall continue to be considered a member of the association.

Accordingly, he should, if necessary, be summoned to the general meeting and be entitled to vote there.

The statutes provide that an exclusion procedure must be followed

The absence of payment is then considered as a fault which may lead to exclusion after disciplinary proceedings have been instituted.

As long as the exclusion decision has not been taken by the competent body (association bureau or general meeting) and notified to the member, the latter shall continue to be considered to be a member of the association.

Accordingly, he should, if necessary, be summoned to the general meeting and be entitled to vote there.

The statutes do not provide for anything

The absence of payment of the annual contribution may be considered as a fault. This should be the subject of a possible sanction, pronounced by the association, in the framework of a disciplinary procedure to be organized.

Until an exclusion decision has been taken by the competent body, and notified to the member, the latter shall continue to be considered to be a member of the association.

Accordingly, he should, if necessary, be summoned to the general meeting and be entitled to vote there.

Serious misconduct

An association may wish to exclude one of its members for serious reasons.

Example :

These may be:

  • Acts prejudicial to the interests of the association
  • Serious conflicts between members
  • Security breaches...

In such cases, the reality and seriousness of the fault must be proved. These elements must be capable of being discussed in order for the member concerned to be able to explain.

The disciplinary procedure laid down must be that laid down in the statutes.

In the absence of a defined forum, the General Assembly plays that role.

A letter of formal notice, sent to the member of the association by registered mail with acknowledgement of receipt, must specify the alleged fact or the statutory provision to which he contravenes.

Depending on the nature of the act, the member concerned shall be required to discharge his obligation under the articles of association or to present his explanations of the facts.

The mail must inform him of the penalty incurred and of the possibility of having another member or a lawyer assist him.

Rules and regulations Depending on the articles of association or the person concerned, the member concerned may be summoned before the disciplinary body of the association.

In the absence of a response from the person concerned, the association sends him a registered letter with acknowledgement of receipt informing him of the penalty, up to and including exclusion, and the reasons for it.

The member must have the opportunity to defend himself before the exclusion decision.

The association must inform him in sufficient time for him to be aware of the reasons alleged against him and of the penalty envisaged against him.

Rules and regulations The statutes or the national court may provide that the penalty imposed may be appealed to another body of the association (appeal procedure).

For certain types of association, the law requires these appeal procedures (for example, for accredited sports federations).

The excluded member of the association may challenge his exclusion in court. He must address his request to the judge.

Who shall I contact

The annulment by a judge of an exclusion decision may lead to the reinstatement of the member concerned in the association.

However, the judge usually avoids ordering reinstatement. It only orders the payment of damages.

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