Recognized Association of Public Utility (ARUP)
Verified 01 January 2023 - Directorate of Legal and Administrative Information (Prime Minister), Ministry for Associative Life
Asassociation law 1901, you want to know whether you can be recognized as being of public benefit, what are the conditions to be met in order to obtain such recognition, what are the advantages, whether this status can be withdrawn from you? We'll give you the information you need.
As an association law 1908 (Alsace-Moselle), you can also apply for recognition of public utility, but this is subject to a different procedure.
General case
To be recognized as a public good, as an association, you must complete the 5 conditions following:
- To be of general interest
- Have influence and influence that goes beyond the local context
- Have a minimum number of members (at least 200), an effective activity and a real associative life (i.e. unquestionable participation of the majority of members in the activities of your association)
- Have a democratic functioning and organized in this way by your statutes
- Have serious financial soundness (i.e. a minimum amount of annual resources of €46,000, less than half of the budget and positive results in the last 3 financial years)
A body is of general interest if it fulfills the following three conditions:
- He is not gainfully employed
- Its management is selfless
- It does not work for the benefit of a small circle of people
A probationary period of operation ofat least 3 years after the initial declaration of your association the prefecture is required before applying for public utility recognition.
However, this period is not required if your resources, which can be predicted over a period of three years, are such as to ensure your financial balance.
You must apply for public utility recognition electronically.
Who shall I contact
Ministry of the Interior: submission of documents for ARUP and FRUP
Rules and regulations To submit all documents in support of an application for the creation, amendment of a statute, validation of a given, dissolution of a recognized association of public utility (ARUP) or a foundation recognized of public utility (FRUP)
By email
dossiers-arup-frup@interieur.gouv.fr
Your request must be dated, signed by all persons competent under the statutes. It is communicated to the Ministry of the Interior, and must be accompanied by a set of parts.
An acknowledgement of receipt shall be given to applicants by electronic means
The Ministry of the Interior is processing your request. He can ask for the opinion of the municipal council of the municipality where you have your seat and ask for a report from the prefect.
If the request is admissible, the Ministry of the Interior obtains the opinion of the ministry(s) concerned by your activity. If these opinions are favorable, the Ministry of the Interior then collects the opinion of the Council of State on the draft recognition decree.
The government is not obliged to follow the advice of the Council of State, but in practice it rarely deviates from it. The opinion of the Council of State may be qualified. You can then, on your own or at the request of the Ministry of the Interior, amend your statutes in the direction requested by the Council of State.
Recognition of public utility is granted by decree published in the Official Journal. A copy is sent to you by the prefect of the department.
Rules and regulations Your statutes may make explicit reference to a Once prepared by you, it will enter only in force after validation by the Ministry of the Interior.
Rules and regulations For any request to validate the creation or modification of the
Who shall I contact
Ministry of the Interior: submission of documents for ARUP and FRUP
Rules and regulations To submit all documents in support of an application for the creation, amendment of a statute, validation of a given, dissolution of a recognized association of public utility (ARUP) or a foundation recognized of public utility (FRUP)
By email
dossiers-arup-frup@interieur.gouv.fr
Rules and regulations Your request for validation of the set of parts.
As an indication:
- Administration provides a rules and regulations template of.
- It is recommended that you submit the draft regulation for review by the Ministry of the Interior before presenting it to the General Assembly for a vote.
If you have adopted the model statutes, proposed by the administration by this model, they may be amended by the general meeting on a proposal from the Management Board or from the 10theme members of the association.
Your request to amend the articles of association must be made electronically.
Who shall I contact
Ministry of the Interior: submission of documents for ARUP and FRUP
Rules and regulations To submit all documents in support of an application for the creation, amendment of a statute, validation of a given, dissolution of a recognized association of public utility (ARUP) or a foundation recognized of public utility (FRUP)
By email
dossiers-arup-frup@interieur.gouv.fr
Your application must be dated, signed by all persons competent under the articles of association, and accompanied by a set of parts.
As an ARUP, you can receive donations and bequest, in addition to any manual donations that may be made to any association. However, you must make the declaration in the prefecture.
In practice, in the case of a legacy, the declaration is made by the notary in charge of the estate.
If it is a donation, it is up to you to make the declaration, by registered mail with acknowledgement of receipt, to the prefecture of the department of your seat.
General case
In Paris
Who shall I contact
Gifts and bequests made to the following associations shall be exempt from inheritance tax:
- Associations whose resources are exclusively allocated to scientific, cultural or artistic works of a disinterested nature
- Associations whose resources are allocated to assistance works, the defense of the natural environment or the protection of animals
- State-subsidized free popular education associations
- Higher education associations
- Red Cross
The following gifts and bequests are also exempt from inheritance tax:
- Gifts and bequests of works of art, monuments or objects of a historical character, books, printed matter or manuscripts, if such works and objects are intended to be included in a public collection
- Gifts and bequests of money or immovable property made with an obligation for the recipient organization to devote these gifts to the purchase of works of art, monuments or objects of a historical character, books, printed matter or manuscripts, intended to be included in a public collection, or to the maintenance of a public collection
- Immovable property which is, for the most part, classified or listed on the supplementary inventory of historic monuments. But also movable property which constitutes its historical or artistic complement, if the recipient body has signed with the ministers responsible for culture and finance an agreement of indefinite duration providing for the maintenance in the building of exempt furniture, its conditions of presentation and maintenance and the conditions of access to the public.
You can renounce this status on the proposal of the Board of Directors or the 10theme members of the association.
An extraordinary general meeting must vote in favor of such a deliberation.
You must submit an electronic application to the Minister of the Interior accompanied by the same set of documents as that requested for the dissolution of an ARUP.
Who shall I contact
Ministry of the Interior: submission of documents for ARUP and FRUP
Rules and regulations To submit all documents in support of an application for the creation, amendment of a statute, validation of a given, dissolution of a recognized association of public utility (ARUP) or a foundation recognized of public utility (FRUP)
By email
dossiers-arup-frup@interieur.gouv.fr
The Minister of the Interior is investigating the case in the light of the recommendations (recommendations) of the Council of State. If there is no reason why your request should not be granted, the Minister of the Interior shall consult with the minister(s) exercising technical supervision over the association.
The Ministry of the Interior then refers the draft decree to the Council of State repeal the public utility recognition decree.
When the repeal decree is published in the Official Journal, you become a merely declared association.
Your request for dissolution must be made electronically:
Who shall I contact
Ministry of the Interior: submission of documents for ARUP and FRUP
Rules and regulations To submit all documents in support of an application for the creation, amendment of a statute, validation of a given, dissolution of a recognized association of public utility (ARUP) or a foundation recognized of public utility (FRUP)
By email
dossiers-arup-frup@interieur.gouv.fr
Your application must be accompanied by a set of parts.
Changes in administration or acquisition of real estate
You must declare any changes in your administration, whether it be a change in leadership, a change in the address of your head office or a change in management, a change in the opening or closing of an establishment, and a change in the membership of the association in the case of a union or federation.
You must also report real estate acquisitions.
The declaration must be made by one of the officers or by an authorized person. Where the procedure is carried out by a person authorized to act, the signature of a person in charge of administration must also be attached to the declaration.
When new leaders are appointed, the declaration is made by the leaders who have been appointed (and not by those who have ceased to hold office).
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Online
The declaration can be made using the e-modification online service.
On-site or by mail
The declaration is made, on free paper, at the registry of the associations of the department where your head office is located. It is advisable to inquire in advance about opening hours in case of declaration on the spot.
Please note
if you are registered in the SIRENE Directory and have been assigned an EPA code, any change in the address of your seat or establishments (opening or closing) must be subject to a statement to Insee.
Assignment and borrowing
If the statutes so provide, you must also ask the prefect's permission before proceeding with a alienation or a loan.
The following documents must be attached to your application:
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Alienation
- General meeting's deliberation setting out the reasons and approving the operation
- Draft notarial instrument
- Reviews of France Domaine
- Origin of the property
Borrowing
- Loan offer setting out the amount, rate, duration, repayment rules
- General meeting's deliberation setting out the reasons and approving the transaction (amount, rate, duration)
- Document specifying the conditions for financing the repayment of the loan
Financial accounts
You must send the following documents to the Ministry of the Interior (at the dedicated e-mail address), to the prefecture of your head office, and, if applicable, to the ministries of responsibility mentioned in the statutes:
- Deliberation of the General Meeting that approved the accounts
- Moral and financial reporting
- Balance Sheet
- Income Statement
- Annex (of which the resource employment account if a call to the public generosity)
- Report of the auditor, if the auditor is obligatory
Who shall I contact
Ministry of the Interior: transmission of the accounts of associations and foundations recognized as being of public interest
Functional address for forwarding the accounts of associations and foundations recognized as being of public benefit: comptes-arup-frup@interieur.gouv.fr
You must also send your annual accounts and the auditor's report to the Directorate of Legal and Administrative Information (Dila) for publication in the JOAFE: titleContent when you have more than €153,000 grants or grants per year.
Publication of the annual accounts of associations, foundations and endowment funds
Alsace-Moselle
The procedure for the recognition of the public interest of a association law 1901 not applicable in Alsace-Moselle.
However, if you are governed by local law and you are registered in the register of associations, you can obtain public utility recognition of your mission if you meet the following 6 conditions:
- Pursue an activity of general interest
- Be non-profit
- Have a disinterested management and statutes prohibiting any sharing of the assets among the members
- Have an object of a philanthropic, educational, scientific, social, family or cultural nature
- Have sufficient reach and seniority (at least 3 years), and be independent of any public or private control
- Have a democratic internal organization and a sound financial situation.
Your request for recognition must be addressed to the prefect of the department in which your seat is located.
A variable number of attachments is required, including:
- Statutes of the association
- Financial accounts for the last 3 years
- Minutes of the general meeting authorizing the application for recognition of the public-benefit mission
- Minutes of general meetings over several years
It is recommended to inquire in advance in the prefecture. A dated and signed receipt of the application file shall be given.
Recognition of public utility is pronounced by order of the prefect, after obtaining the opinion of the Administrative Court of Strasbourg. This decree is published in the Official Journal and mentioned in the register of associations.
Associations whose mission is recognized as being in the public interest must send the prefecture an annual activity report and the accounts for the preceding financial year.
This recognition of public utility allows you to give to individuals and companies who give you donations a reduction in income tax or business tax.
The amount of the tax reduction varies according to the donor:
Individual
General case
Income tax reduction equal to 66% of the amount of the gift up to 20% of taxable income
Organization assisting persons in difficulty
- If the donation is made to a distressed organization providing free meals, care or housing: income tax reduction equal to 75% the amount of the gift if it is less than or equal to €1,000
- If the donation is greater than €1,000 : income tax reduction equal to 66% the amount of the donation.
The cumulative amount of gifts that qualify for the tax reduction cannot exceed 20% taxable income.
Resettlement agency for victims of domestic violence
- If the donation is given to an organization that helps the relocation of victims of domestic violence: tax reduction equal to 75% the amount of the gift if it is less than or equal to €1,000
- If the donation is greater than €1,000 : tax reduction equal to 66% of the amount of the gift
Company
General case
The tax reduction depends on the total amount of general interest donations made by the company.
The total amount of donations made by the company is less than $2 million
Income or business tax reduction equal to 60% of the amount of donations up to €20,000 or 5% of turnover if the latter amount is higher.
The total amount of donations made by the company is over $2 million
Income or business tax reduction equal to 40% of the amount of donations up to €20,000 or 5% of turnover if the latter amount is higher.
Donations to organizations that provide benefits or products to persons in difficulty
Income or business tax reduction equal to 60% of the amount of donations up to €20,000 or 5% of turnover if the latter amount is higher.
Who can help me?
Find who can answer your questions in your region
Ministry of the Interior: submission of documents for ARUP and FRUP
Rules and regulations To submit all documents in support of an application for the creation, amendment of a statute, validation of a given, dissolution of a recognized association of public utility (ARUP) or a foundation recognized of public utility (FRUP)
By email
dossiers-arup-frup@interieur.gouv.fr
Rule 910
Articles 795, 795A
Articles 10 and 11
Articles 8 to 15
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