Can a minor create, manage or become a member of an association?
Verified 31 May 2023 - Directorate for Legal and Administrative Information (Prime Minister)
Whether you can create, administer or become a member of an association will depend on whether you are over 16 or under. We present you with the information you need to know.
Warning
The rules described do not apply in Alsace-Moselle where you can, whatever your age, create, administer or become a member of an association.
Minor under 16
With with the prior written consent of the persons responsible for you (parents, guardian...), you can:
- participate in the creation of an association and be responsible for its management,
- and perform all the acts necessary for the management of the association (except acts of disposition).
You can freely become a member of an association, unless otherwise provided by statutes,
You can make a regular contribution without permission from your parents. A contribution is considered normal if the amount is small and does not exceed what is known as a contribution pocket money.
Please note
To make a contribution in kind (movable property or building), the minor must be represented (parent(s) exercising parental authority). In some cases, the authorization of the guardianship judge is required (e.g. real estate or business).
Minor over 16 years
You can participate in the creation of an association and be in charge of its management, without prior authorization of the persons responsible for you (parents, guardian...).
However, you must provide the association with the identity and address of the persons responsible for you so that the association informs them of the commitment of their child, by registered letter with AR: titleContent.
This information must be provided without delay and at the latest before the following events:
- Before the declaration in the prefecture of the creation of the association
- Before the declaration in the prefecture of the change in the direction of the association involving their child
- Before 1er administrative act performed by their child.
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You are involved in the creation of an association
The letter must contain the following information:
- Title, purpose, registered office of the proposed association
- Right of opposition which the legal representatives (parents, guardian...) have. It's the ability of the law to deny their child participation in the creation of an association.
An email template is available:
You're one of the leaders of the association
The mail shall contain the following information:
- Title, purpose and registered office of the association
- Start date, duration and nature of mandate
- Type of management actions that the minor can perform
- Possibility for parents to oppose their child's participation in the association.
The letter must also inform the legal representatives (parents, guardian...) that the following documents are available to them at the head office of the association if they request it:
- Statutes in force and list of other persons in charge of management
- Witness for publication in the JOAFE: titleContent of the declaration of the association
- Estimated budget for the current year
- Approved financial statements for the last completed financial year or annual accounts if required to do so
- Activity report for the last completed financial year.
The following template can help you write the letter to the minor's legal representatives:
In the absence of opposition from your legal representatives (parents, guardians...), you can perform alone all the acts useful to the management of the association (except the acts of disposition).
You can only represent the association in court if you are emancipated.
Please note
As a minor, your liability will only be called into question if it is proven that you acted consciously for your benefit (interest).
You can freely become a member of an association, unless otherwise provided by statutes,
You can make a regular contribution without permission from your parents. A contribution is considered normal if the amount is small and does not exceed what is known as a contribution pocket money.
Please note
To make a contribution in kind (movable property or building), the minor must be represented (parent(s) exercising parental authority). In some cases, the authorization of the guardianship judge is required (e.g. real estate or business).
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