For your not-for-profit association, taking the step to be recognized as a public utility would enable it to benefit from a special status that would set it apart from the rest. Obtaining such status, granted by the competent authorities, confers official recognition, opening the door to interesting advantages, both legal and financial.
However, this requires a real demonstration of the public utility of your structure. How and why should you set up an association recognized as being in the public interest? In this guide, you'll find concrete answers to help you do just that.
How to apply
Obtaining the status of "association reconnue d'utilité publique" (ARUP) can be a complex and time-consuming process, involving several distinct stages.
Step 1: Preparing your application file
First of all, you need to gather together all the documents required to put together a complete file describing the purpose, activities and values of your association. This file must be meticulously prepared, and include items such as the articles of association, the financial statement and the association's project, not forgetting a letter of motivation.
Bear in mind that the State only grants ARUP status to associations that meet certain conditions, in particular those carrying out activities in the public interest. This status was designed to recognize an association's commitment to the public interest.
It's essential to demonstrate the public utility of your association, i.e. that its actions have a positive impact on society. You can show how it supports important causes, how it promotes social cohesion...
To be eligible for ARUP, your association must have been in existence for at least three years, be non-profit-making, have articles of association that comply with the French Law of 1901, have at least 200 members and be national in scope.
You must submit the complete file by e-mail to the Ministry of the Interior(dossiers-arup-frup@interieur.gouv.fr).
Step 2: Examination of your application
The ARUP application is examined by the Ministry of the Interior. It is obviously essential to receive an initial positive opinion before proceeding. The Ministry verifies that the association meets the criteria of public utility, as well as other legal requirements.
Once the Ministry of the Interior has given its opinion, the application is forwarded to the Council of State, which carries out an in-depth assessment. It may request clarification or additional information.
Step 3: Obtaining the recognition decree
As soon as the Conseil d'Etat validates the application, the government issues a decree recognizing the association as being in the public interest, conferring on it the status of ARUP, with the associated benefits.
Obtaining ARUP status entails responsibilities. You will have to comply with certain obligations, such as the publication of annual reports and the rendering of accounts, underlining the importance of establishing and managing a professional association account in a transparent manner that complies with legal requirements.
Why make such a request?
Obtaining this legal status has undeniable advantages for your association.
Obtaining the status of "association d'utilité publique" (non-profit organization) means greater credibility in the eyes of third parties. Organizations benefiting from this status are subject to rigorous governance criteria, creating greater confidence, particularly among potential donors. Donors are more inclined to provide financial support to an association with "public utility" status, reassured by the assurance that their donations will be used in accordance with clearly defined objectives.
Tax advantages are an additional incentive for your association to aspire to public utility recognition. Tax deductions are available to your donors, encouraging donations and sponsorship. What's more, your association can benefit from tax exemptions, maximizing the impact of its activities.
Public utility status offers a more favorable legal framework. ARUPs generally enjoy greater freedom in managing their resources and activities, although they are also subject to regulatory controls.
Public benefit status opens the door to a wider range of public funding and grants. As a general rule, governments, foundations and major corporations are more inclined to support organizations that demonstrate a public commitment, thus strengthening funding opportunities.
Greater visibility comes from official recognition of your contribution to the public good, reinforcing your social impact. This recognition encourages greater community involvement and participation.
Sustainability is one of the major advantages of this status, offering the association a long-term perspective for carrying out its missions. Thanks to this recognition, you will be able to establish partnerships with other institutions, gain access to wider networks, and benefit from additional human and material resources.