Can you put a nonprofit organization to sleep temporarily?
Verified 15 April 2024 - Directorate for Legal and Administrative Information (Prime Minister)
Your association is in difficulty to continue its activity (for example, lack of volunteers, sufficient resources, need for internal reorganization), but are there possible solutions? You wonder, as a leader, if you can propose to put your association to sleep? We'll tell you how to do that.
Warning
This information does not concern the associations of Alsace-Moselle.
Step-by-step approach
In order to be able to put an association to sleep, this situation must be envisaged in the statutes and that the general assembly shall vote on its implementation.
If the articles of association do not provide for the association to be put on temporary sleep, as leaders, you will need to dissolve.
FYI
If you put your association to sleep when the statutes do not provide for it, you incur your responsibility. When you cause damage to the association, due to (unintentional) mismanagement, the association can turn against you and you claim damages.
In principle, if the putting to sleep does not lead to the amendment of the statutes, no declaration is to be made at the prefecture.
It is up to the general meeting to determine the conditions for putting the house to rest.
It must lay down the duration and the conditions under which this period will end.
It must decide whether to reactivate the association (resume its activity) or to dissolving (if business resumption is not feasible).
The general meeting must also designate the person or persons who will be responsible for the management of the association during the period of inactivity.
Warning
If the person or persons concerned are not the former directors, the appointment must be declared to the Registry of Associations.
If the putting to sleep also leads to one of the following modifications, it must also be declared in the prefecture:
- Statutory amendment
- Change of management address
- Opening or closing of an establishment
- Sale of premises
The declaration can be made online, by post or on site at the Registry of Associations.
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On the Internet
You can do this using this e-modification online service, using the association's username and password:
By mail
A form has to be filled out. It differs depending on whether it is amendment of the registered office or of the statutes or a change in administration.
The minutes of the general meeting on the decision to suspend must be attached to your file.
The file must be sent by registered letter with acknowledgement of receipt to the Registry of Associations of the head office of your association.
On site at the Registry of Associations
You can make your declaration at the office of the Registry of Associations of the prefecture.
A form has to be filled out. It differs depending on whether it is amendment of the registered office or of the statutes or a change in administration.
The minutes of the general meeting on the decision to suspend must be attached to your file.
Depending on the situation of the association, the general assembly must decide, in particular, during the sleep period, on the following measures:
- Maintenance or non-maintenance of a contribution
- Become of the premises occupied by the association if it has them and in particular if it is a tenant or disposes of them free of charge
- Become equipment during this period
- Fate of cash
- Whether or not the association keeps its bank account and means of payment (checkbooks, bank card)
- If certain contracts have to be terminated (telephone/internet subscription for example)
- Whether it is necessary to dismiss employees
- Inform any partners (financial, donors, etc.) of this decision
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