1/16/2018
Creating and Running a Non-Profit Association in - - Angloinfo
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⌂ (https://www.angloinfo.com/) How To (/how-to/) Working (/how-to//working) Starting a Business (/how-to//working/starting-a-business) Non-Pro t Associations
Creating and Running a Non-Pro t Association in Information on how to form and run a non-pro t association in . This simple, legal organisation is appropriate for sports clubs, national groups, community and social organisations… An Association Loi 1901 (http://www.legi.gouv.fr/a chTexte.do?cidTexte=LEGITEXT000006069570&dateTexte=20090506) is the term used in for a non-pro t-making organisation of two or more people. The name comes for the convention having entered into French law on 1 July 1901. A nonpro t association created in can function without being declared. In this case it does not exist as a legal entity and falls under the collective ownership of all its . However, the association must be declared if a bank is needed, if it collects hip fees or arranges fundraising, or if the undertake any legal action or buy or sell on its behalf. Declaration requires the following: Declaration with the Préfecture or Sous-Préfecture Declaration of the association's creation in the O cial Journal (Journal O ciel (http://www.journal-o ciel.gouv.fr/)). The o cial journal is a daily paper edited by the French government containing legal information, o cial declarations and information concerning new associations Note: In Alsace and Moselle, the situation is di erent, see below.
Declaration Procedures Declaration is free. It should be made at the Préfecture or Sous-Préfecture of the department where the association is located, or directly online (https://www.service-public.fr/associations/vosdroits/F1119) The declaration must contain the following information: The exact name of the association followed by its abbreviation if there is one The object or aim of the association The address of the main o ce (a physical address, not post box) The full names, addresses, birth dates and birthplaces of the people in charge of the istration A copy of its statute dated and certi ed by at least two people A compte rendu signed by a person in charge of the istration A list of association Addresses Other information which may be included: Website Email address A receipt (récépissé) of declaration is sent by the istration within 5 days. the documents needed to do the declaration at the French government website (https://www.servicepublic.fr/associations/vosdroits/F1119#N100D8) (in French)
O cial Journal An application form to declare the creation of the association in the Journal O ciel (http://www.journal-o ciel.gouv.fr/) can be lled in at the same time as the declaration is made. Publication of the new association must appear in the Journal O ciel within a month following the declaration at the Préfecture. There is a fee to be paid for this publication. The French Government (http://www.journal-o ciel.gouv.fr/documents/externe/TARIFS/tarifs_insertion_joafe_2016.pdf)have more information on the 2016 fees (PDF in French)
Management and the AGM The structure of the management team (president, treasurer etc.) can be arranged as best suits the association - there are no rules on this - although all must be invited to attend an Annual General Meeting held by the Association's management.
Sta and salaries The Chèque Emploi Associatif (CEA) service can be used by ed non-pro t associations in to simplify the process of employing and paying sta . Under the CEA system, social security, pension and unemployment contributions are made to one agency, the Centre National Chèque Emploi Associatif. The service can only be used by associations which make no pro t, are ed in as an Association Loi 1901 and have a SIRET number. Registration for the Chèque Emploi Associatif service requires a SIRET number. CFE (https://www.cfe.urssaf.fr/)have more information on how to obtain a SIRET number (in French) More information from the Chèque Emploi Associatif (http://www.cea.urssaf.fr/ceawebinfo/cms/index.html) (in French) The Chèque Emploi Associatif is available for non-pro t associations employing people for a maximum of 14,463 hours per year. This represents 9 full time employees, but the association can split the hours between full time or part time employees.
How it works Eligible associations may for the Chèque Emploi Associatif service online or by post. Sign up online at CEA (http://www.cea.urssaf.fr/ceawebinfo/cms/index.html) (in French) After registration for the service is completed, the Centre National Chèque Emploi Associatif sends a book of vouchers called the “identi cation du salarié”. A voucher must be completed for each salaried employee, whether new or existing, which serves as a declaration of the employee and also serves as the employment contract. Vouchers may be submitted online or sent via post. The association is also sent, from their bank, a Chèque Emploi Associatif book, which includes:
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Creating and Running a Non-Profit Association in - - Angloinfo Cheques to pay the employee, which are used like normal bank cheques. The association is not obliged to use them to pay the salary, and can use association cheques, direct deposit or cash (there is a cap for cash payments) instead Vouchers for employee social charges (le volet social) which has information about the employment contract and salary already lled in
After the employee is paid, the employer must submit the pay information to the Centre National Chèque Emploi Associatif, which will then calculate the compulsory social contributions to be made and send the payslip. Pay information can be submitted online through the CEA website. Visit the Chèque Emploi Associatif (http://www.cea.urssaf.fr/ceawebinfo/cms/index.html)for more information (in French) Social security, pension and unemployment charges are levied by URSSAF each month and paid by the association by automatic bank withdrawal.
Modi cation or Dissolution of the Association Any changes that occur in the Association must be declared at the Préfecture within 3 months. They should be noted in a that the Association must be able to produce on request to the istrative and legal authorities. To learn more visit the French Government website (https://www.service-public.fr/associations/vosdroits/F1178) (in French) Changes made in the Association may be published in the Journal O ciel (http://www.journal-o ciel.gouv.fr/) although this is not compulsory. There are three kinds of dissolution: Voluntary dissolution (dissolution volontaire) Legal dissolution (dissolution judiciaire) istrative dissolution (dissolution istrative)
Alsace-Moselle This region does not fall under the 1901 Association law. For associations with a head o ce in the Bas-Rhin, Haut-Rhin or Moselle, the magistrate's court is quali ed to receive the inscription of an association. This must be followed by an announcement in a newspaper of legal ments. Visit the French Government website (https://www.service-public.fr/associations/vosdroits/F1178) for more information on the rules applying to associations in Alsace-Moselle (in French) The main di erences from the Loi 1901 are: Seven people are necessary to create an association Associations can be pro t making as long as they are not in direct competition with a business Pro t-making associations may be subject to business tax
Further Information The Association Law of 1 July 1901 (http://www.legi.gouv.fr/a chTexte.do?cidTexte=LEGITEXT000006069570&dateTexte=20090506) Comprehensive information from the French Government website Service Public (http://vosdroits.service-public.fr/associations/N20.xhtml) (in French) Institut du Droit Local Alsacien-Mosellan (http://www.idl-am.org/) (in French)
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