Understanding how legal capacity gives your association the power to act and own property is essential for effective administration. This legal capacity, derived from the legal recognition of your association, enables you to take legal action, receive donations and manage property. Here's an overview of what you need to know.
Understanding the importance of legal personality is crucial to the management of your association. This status, acquired as soon as your association is published in the Journal officiel, confers on it rights and obligations comparable to those of a natural person, in accordance with the provisions of article 5 of the law of July 1 1901.
Legal action and compliance with corporate purpose
Your association can initiate or respond to legal action within the limits of its corporate purpose, as defined in its articles of association.
This principle of speciality, established by case law, requires that the wording of the statutory clause be precise so as not to overstep the association's purpose, while being sufficiently broad to enable it to accomplish its mission. It is therefore essential that your articles of association clearly define the association's purpose in order to provide a framework for its participation in legal proceedings.
The nuances of a registered association's legal capacity
Associations that are simply registered have a"small" legalcapacity. Under article 6 of the French law of July 1, 1901, they can sue and be sued, and receive manual donations, public subsidies and membership fees without further formalities. However, their property management is limited to the premises required for their statutory activities.
Good to know: some associations may be subject to specific legislative restrictions on the receipt of manual donations.
Increased legal capacity and authorization to receive legacies
Some associations, by virtue of their special status or recognition as being in the public interest, can receive bequests and various donations on their association account. This is the case for religious associations, associations of general interest, approved unions of family associations, and those governed by local law in Alsace-Moselle.
Please note: restrictions may apply, such as the prohibition on guardianship associations receiving donations or legacies from the people they protect.
The particularities of unregistered associations
Unregistered associations, which are not published in the Journal Officiel, have no legal personality and therefore no legal capacity. They can neither conclude contracts nor take legal action. Any acts they might attempt would be considered invalid and liable to annulment.
Understanding and using your association's legal capacity is essential to its management and development. Adapt your articles of association and your actions in line with legal obligations to take full advantage of the rights offered by the law.