Drawing up internal regulations is not an obligation for your association, although it is strongly recommended.
This internal document sets out the operating rules, rights and duties of your association's members, as well as other organizational aspects. It is extremely useful for clarifying the management of your association, including such elements as membership, revocation and decision-making procedures, division of powers, and internal processes.
In short, internal regulations help prevent potential conflicts and guarantee transparent governance.
Rules and regulations: an essential asset for your association
Associations are governed by the law of July 1, 1901 and the decree of August 16, 1901, which lay down the fundamental legal bases for their operation. These legal texts make no mention of mandatory internal regulations. However, they are sometimes required by certain organizations or institutions, particularly if you wish to apply for public funding or benefit from tax exemptions.
The drafting of by-laws is therefore left to the sole discretion of the association's founding members, who can decide on their content at the constitutive General Meeting. Once adopted by the AGM, the by-laws must be accessible to all members.
However, it is essential that the by-laws comply with current legislation and do not contradict the association's articles of association. In the event of any discrepancy between the internal regulations and the by-laws, the latter shall prevail.
If you decide to adopt bylaws for your association, bear in mind that they must always be in line with your bylaws and objectives.
How do you draw up your internal regulations?
Your association's bylaws are complemented by its internal rules and regulations. They vary, of course, according to the nature and specific features of each association.
You can find examples of bylaws online. There are websites and forums on which association members share model bylaws or tips for drafting them.
Some organizations, such as Maisons des Associations, CRIBs (volunteer resource and information centers) or similar structures, provide tools that can meet your needs.
An interesting approach is to get in touch with associations similar to yours and ask their permission to consult their by-laws. This can provide you with a valuable starting point. However, it is imperative that you customize the template to suit your own situation.
In some cases, when drafting by-laws becomes complex, it may be wise to call on a lawyer specializing in association law. These professionals can draw up both bylaws and internal regulations for you, taking into account your specific needs.
To make it easier to manage your association's expenses, consider opening an online association pro account. This will simplify your financial management and enable better traceability of your transactions.
What should it contain?
The purpose of the by-laws is to define in greater detail the internal operating rules of your association, thus complementing the articles of association.
Overall, it contains the following elements:
- A concise introduction explaining the purpose of the regulations and how they relate to the bylaws.
- Repeating essential information from the articles of association: name of the association, registered office, purpose...
- Membership conditions, including the membership form, the amount of the membership fee, acceptance of the by-laws and internal regulations, the different types of membership, and the rights and duties of each category of member.
- A description of the association's bodies, such as the General Meeting, the Board of Directors and the Executive Committee, as well as the competencies and powers of each body.
- General Meeting procedures, including details of the annual meeting, organization, notices, reports and elections.
- The functioning of the Board of Directors, specifying the number of elected members, the number of annual meetings, and the decision-making procedures.
- The functioning of the Board, including the composition of its members and their terms of office.
- The association's activities, with a description of events and their organization.
- The association's resources, including membership fees, donations, subsidies and financial reports.
- Terms and conditions for amending the by-laws, including the procedure and communication to members.
- Provisions in the event of dissolution of the association, specifying liquidation procedures, distribution of assets and destination of assets.
- Additional or association-specific clauses.
- The effective date of the regulation.
The internal regulations are a flexible document. Validated by the General Meeting, they can be subsequently modified according to the procedure set out in the regulations themselves.