Throughout the life of your association, it is common for changes to occur, such as the departure of a manager, a move, the addition of a new establishment, or even a merger with another entity. By law, you must report these changes to your local prefecture within three months.
When considering changes to the administration of your association, it is generally necessary to follow the procedure laid down in the articles of association, while respecting the laws in force.
Let's take a look at the seven steps required to make these administrative changes.
Start by examining your bylaws
The first point of reference is the company's articles of association. This legal document is of the utmost importance and should be examined closely. It sets out your association's internal rules and procedures, including those relating to any changes that may arise during its existence.
Then move on to the second step: get your members together
Bring your association's members together by organizing a general meeting. To do this, follow the guidelines set out in your articles of association, which normally specify a specific deadline for convening the meeting. You must then inform all members of the date, time and place of the meeting.
Suggest modifications
Present proposed changes clearly at the AGM. It is advisable to justify the need for these changes for maximum transparency.
These modifications may include the following situations:
- Change of manager: when a new chairman, treasurer or secretary is appointed, the law requires that his or her personal details, including surname, first name, profession, address, nationality and position, be declared to the prefecture.
- Changing the address of your administrative offices: Any change of management address must be notified to enable the various authorities to contact you. This also applies to your head office address.
- Opening or closing a facility.
- Changes to your assets: for example, the purchase of real estate requires a declaration of the price and a detailed description of the property.
- Changes in the composition of a union: each time an organization joins or withdraws, a declaration is required.
- Any other amendments to the bylaws.
Vote for changes
You will need to call for a vote by the association's members to validate the changes. Majority requirements vary according to the articles of association. Usually, a simple majority is required to pass the changes. A copy of the deliberation must be provided with the declaration.
Update the articles of association
Once the modifications have been approved, you need to update the articles of association to reflect the new wording. To ensure that you comply with the law, you may wish to seek the assistance of a legal expert, as the new articles of association will need to be appended to the declaration.
Declare changes to the relevant authorities
To declare changes to the Registrar of Associations, you can choose between several methods: online, by post or in person, carried out by an officer or authorized person. Failure to declare can result in penalties of up to €1,500.
To apply online, your association must be registered with the RNA (Registre national des associations). If not, you'll need to use the Cerfa 13972-03 form.
Certain modifications to the articles of association, such as those concerning elements like title, object or registered office, may be published in the Journal officiel des Associations et Fondations d'Entreprise (JOAFE), although this is not imperative. On the other hand, other modifications to the articles of association aimed at altering the functioning of the general meeting or the board of directors, or creating new categories of members, for example, do not need to be published in the Journal Officiel.
Declare changes to your partners
Don't forget to inform any third parties involved, such as business partners, financial institutions, suppliers, etc., of the changes. As soon as you declare the changes to the Registrar, they become effective against third parties.
What's more, if your association carries out a business activity, it's essential that you notify Insee of any changes to its name, purpose, address, or the opening or closing of a facility.
Effective management of your association's expenses is essential to maintaining its financial stability. Consider setting up expense and account management procedures, using tools such as an online association pro account to make this task easier. This will enable you to maintain precise traceability of your finances while complying with legal requirements for financial transparency.