Example of statutes proposed to associations law 1901 to be completed and adapted

ARTICLE 1 - NAME

An association governed by the Law of 1 shall be established between the members of these Statutes^er July 1901 and the Decree of 16 August 1901, entitled ...

ARTICLE 2 - PURPOSE

The purpose of this association is ...

ARTICLE 3 - REGISTERED OFFICE

The registered office shall be ...

Article 4 - DURATION

The duration of the combination is...

ARTICLE 5 - COMPOSITION

The association consists of:

(a) Honorary members

(b) Benefactor members

(c) Active or acceding members

ARTICLE 6 - ADMISSION

Optional item.

ARTICLE 7 - MEMBERS - CONTRIBUTIONS

Active members are those who have made a commitment to pay an annual sum of € ... as a contribution.

Honorary members are those who have rendered services reported to the association; they are exempt from membership fees.

Beneficiary members are persons who pay an admission fee of € ... and an annual contribution (of € ...) fixed each year by the general meeting.

Any contribution may be redeemed by paying a minimum amount equal to ....

ARTICLE 8 - CANCELATIONS

Membership is lost through:

(a) Resignation;

(b) Death;

(c) Cancelation ordered by the Administrative Board for non-payment of the fee or for serious reasons, the person concerned having been invited (by registered letter) to provide explanations before the Bureau and/or in writing.

Specify the modalities of the delisting, the possibilities of defense and appeal of the member.

Rules and regulations Serious reasons can be specified here or in the

ARTICLE 9 - AFFILIATION

Rules and regulations This association is affiliated with ... and complies with the statutes and the provisions of this federation (name, logo, etc.).

It may also join other associations, unions or groupings by decision of the Management Board.

ARTICLE 10 - RESOURCES

Association resources include:

(1) The amount of admission fees and contributions;

(2) State, departmental and municipal subsidies.

F Do not hesitate to provide other resources if necessary and/or to write this article as follows:

3° All resources authorized by the laws and regulations in force.” If this has not been done in article 2, specify here that the association will carry out economic activities and which ones (Code of Commerce Article L442-7: “No association (...) can, in a usual way, offer products for sale, sell them or provide services if these activities are not provided for in its statutes”.)

RULE 11 - ORDINARY GENERAL MEETING

The ordinary general meeting shall include all members of the association in whatever capacity. The articles of association may provide that certain members of the association, for example, who pay only a very low contribution, do not take part in the general meeting.

It shall meet annually in the month of..............

At least fifteen days before the date fixed, the members of the association shall be summoned by the Secretary. The agenda is on the summons.

The president, assisted by the members of the council, presides over the meeting and explains the moral situation or the activity of the association.

The Treasurer shall report on his management and submit the annual accounts (balance sheet, profit and loss account and notes) for approval by the meeting.

The general meeting shall fix the amount of the annual membership fees and the admission fee to be paid by the different categories of members.

Only items on the agenda may be discussed.

Decisions shall be taken by a majority of the votes of the members present or represented (or of the votes cast).

After the agenda has been exhausted, the outgoing members of the Council shall be renewed.

It is prudent to set quorum and majority conditions for the validity of the deliberations of the ordinary general meeting To lay down rules for the representation of absent members if necessary.

All deliberations are by show of hands, except for the election of the members of the council.

Decisions of the general meetings shall be binding on all members, including those absent or represented.

ARTICLE 12 - EXTRAORDINARY GENERAL MEETING

If necessary, or at the request of half plus one of the registered members (or for example at the request of a quarter of the members), the President may convene an extraordinary general meeting, in accordance with the procedures laid down in these Statutes and solely for amending the Statutes or for dissolution or for acts concerning immovable property.

The procedures for convening meetings shall be the same as for the ordinary general meeting.

The deliberations shall be taken by a majority (or two-thirds) of the members present (or by votes cast).

ARTICLE 13 - MANAGEMENT BOARD

The 1901 law does not require a board of directors or an office. This is only a practical and widespread use.

The association is governed by a council of X members, elected for X years by the general assembly. Members are eligible for re-election.

As the Board is renewed every year by half, in the first year, the outgoing members are appointed by lot.

The renewal of the members of the board by fraction is preferable.

In the event of a vacancy, the Board shall provide for the temporary replacement of its members. Their definitive replacement shall be carried out by the next general meeting. The powers of the members thus elected shall expire on the expiry of the term of office of the members replaced.

(Distinguish clearly the prerogatives of the AG and the GB concerning, for example, the modalities of representation of the association in legal proceedings, etc.)

The Management Board shall meet at least once every six months, when convened by the Chairman or at the request of one quarter of its members. Board meetings may be more frequent.

Decisions are made by a majority of votes; in the case of a split, the vote of the chair is preponderant.

Any member of the Board who, without excuse, has not attended three consecutive meetings shall be deemed to have resigned.

The board of directors may delegate certain of its powers, for a fixed period, to one or more of its members (signature of a lease of checks, etc.). Since 2011, a new Article 2a has clarified the Law of 1^er July 1901 to facilitate the establishment and management of an association by miners. (Download the brochure of the Ministry responsible for associative life)

RULE 14 - BUREAU

The Management Board shall elect from among its members (by secret ballot?) a bureau composed of:

(1) One Chairperson;

2) One or more Vice-Presidents;

(3) One secretary and, if applicable, one assistant secretary;

4) One Treasurer and, if necessary, one Assistant Treasurer.

To prevent frequent difficulties, specify that the duties of President and Treasurer are not cumulative. Rules and regulations Specify, here or in a text, the respective functions, powers and duties of the members of the Bureau.

ARTICLE 15 - ALLOWANCES

All functions, including those of members of the Management Board and the Bureau, are free of charge and voluntary. Only expenses incurred in carrying out their mandate shall be reimbursed on the basis of supporting documents. The financial report submitted to the ordinary general meeting shall present, by beneficiary, the reimbursement of mission, travel or entertainment expenses.

Rules and regulations These provisions may be refined in a

RULE 16 - RULES OF PROCEDURE

Rules and regulations A person can be appointed by the board of directors, which then has it approved by the general meeting.

Any such regulation is intended to fix the various points not provided for in these statutes, in particular those relating to the internal administration of the association.

ARTICLE 17 - DISSOLUTION

In the event of dissolution ordered in accordance with the procedures laid down in Article 12, one or more liquidators shall be appointed, and the net assets, if any, shall be vested in a non-profit-making body (or an association with similar purposes) in accordance with the decisions of the extraordinary general meeting which shall decide on the dissolution. The net assets may not be vested in a member of the association, even partially, unless a contribution is made.

Failure to prohibit the allocation of net assets to a member could jeopardize the disinterested management test, the tax rationale of Article 1^er Law of 1901, and therefore the classification as being in the general interest.

Article 18 - LIBERALITIES:

Article to be inserted in order to be able to accept bequests -wills- and gifts -between lives- (Article 6 of the Law of 1^er July 1901).

The report and the annual accounts, as defined in Article 11 (including those of the local committees) shall be sent annually to the Prefect of the Department.

The association undertakes to submit its records and accounting documents on any request from the administrative authorities concerning the use of the donations which it would be authorized to receive, to allow the representatives of these competent authorities to visit its establishments and to report to them on the operation of those establishments.

‘Done at............................................................................................................................................................................................................................................................................................................................. 20.’

Signatures of at least two representatives (surname, first name and function) necessary for the formality of declaration of the association.