Amendment of the articles of association
Verified 05 November 2024 - Directorate for Legal and Administrative Information (Prime Minister)
You run an association and you want to know if you can freely change your statutes to make, for example, a change of name, object, registered office? You want to know if you need to make a declaration as a result of this statutory amendment? We present you with the information you need to know.
The information related to the declaration differs if your registered office is located in Alsace-Moselle.
General case
Step-by-step approach
The statutes of an association may be freely modified.
2 scenarios are possible:
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The statutes shall lay down the conditions for their amendment
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 amending decision must, in principle, 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 the members (for example: an amendment which has as its object the exclusion of a member without disciplinary grounds), it must be adopted inunanimity members.
Warning
there may be times when there is a mandatory provision in the act. This is the case, for example, for the departmental federations of approved fisheries and aquatic protection associations and for hunters' associations.
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
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 (i.e. persons not belonging to the association) only from the day on which they are registered at the Registry of Associations.
The declaration is made on the internet, by post or on site (inquire in advance about opening hours).
It must be carried out by one of the directors or by a person authorized to do so.
By mail
A form shall be completed and sent to the Registry of Associations:
On the spot
A form shall be completed and submitted to the Registry of Associations:
The declaration shall give rise to the issue of receipt (which you receive by mail or by mail). This document is useful to you in your efforts and must be kept.
If you are registered in Sirene Directory and have a EPA code, any change in the name, purpose or address of the seat shall be subject to a statement.
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 (on the internet and cerfa).
Publication in the JOAFE is free.
Failure to report shall result in a fine of up to €1,500 (€3,000 in case of recurrence).
Alsace-Moselle
Step-by-step approach
The statutes of an association may be freely modified.
2 situations are possible: the statutes may or may not provide for their conditions of amendment.
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The statutes shall lay down the conditions for their amendment
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 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 how many copies of these documents are to be submitted, it is useful to call the court.
The association must declare any changes to its statutes.
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 (i.e. persons outside the association) only from the day they are declared in court.
The declaration must be made by a director of the association. It can be done online or on site at the court in whose jurisdiction its registered office is located, for registration in the register of associations.
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Online
The declaration must be made using the following online service:
Creation, modification or dissolution of an association in Alsace-Moselle
A change receipt will be sent to the email address indicated in the online service.
On the spot
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.
Please note
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.
Failure to report shall result in a fine of up to €10,000.
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Articles 5 and 8
Articles 33, 71, 78
Article 30(1)
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