Prerequisites : Do you want to form an association? Before tackling the steps to create your associative structure, you must check that you can actually create it. First, to create an association, you need at least two natural persons aged at least 16 years. If the activity you wish to exercise is regulated, you must make all the checks relating to the conditions allowing to exercise it (experience for example), but also, carry out the specific steps required by this activity (registrations or specific authorizations) …
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Then you need to look for a room, the home of one of its members or a third party, a room bought or rented, a public building, etc. Then choose a name for the association that should not interfere with the rights of third parties. To verify this, you can carry out a prior art search with the INPI.
The adoption of the statutes
The statutes of the association frame all of its operating rules. The founders must therefore adopt them carefully and adapt them as best as possible to the situation. Among the main clauses, you must think about the appointment of managers (directly in the articles of association or by vote at a general meeting to avoid any modification of the articles of association at the time of the change of manager).
Regarding the management mode, great freedom is given to the founders. They may include one or more presidents as well as a board of directors made up in particular of a president, a secretary and a treasurer.
The convening of a general meeting is not compulsory except for certain specific associations (those of public utility for example). The founding members may wish to meet in assembly in order to submit the content of the statutes, the list of members of the board of directors and of the office, etc. the terms of which are freely set by the founders of the association.
The statutes will then be signed by all the founders. They are not subject to registration unless they provide for real estate contributions or the founders want to give a date to the deed. They must then be registered with the tax department relating to the headquarters of the association.
As it is an association, it is possible to draw up internal regulations which detail the functioning of the association. This allows you to modify it more quickly and more easily. The modification will then be possible without having to obtain the approval of the general assembly.
The formalities of declaration of the association
An association can exist without being declared, but the declaration makes it possible to obtain legal capacity and therefore all acts relating to it (opening a bank account, request for grants, etc.)
The declaration of the association can be made online or be deposited at the associations registry at the place of its headquarters. The request must be made by CERFA form and be accompanied by the minutes of the constitutive assembly, the list of the members of the Board, a copy of the statutes, and if necessary, the list member associations as well as a description of the real estate owned by the association. The registry of associations will then issue a receipt for filing the declaration within 5 days of this request.
After the declaration, a notice of incorporation of the association must be published in an official journal in the month following the declaration. This must indicate the date, the name of the prefecture, the title and the object and the registered office of the association. The association was officially created following this legal announcement.
Finally, registration in the SIRENE directory can be carried out. It is only compulsory if the association receives state subsidies. The request is made to INSEE. If she pursues a gainful activity, she will be subject to commercial taxes. Registration must therefore be made to the clerk of the commercial court, which will be responsible for transmitting the request to INSEE.
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