Law of July 1, 1901 relating to the association contract
(Official Journal of July 2, 1901)Article D0By the President of the Republic:
The President of the Council, Minister of the Interior and Worship,
Association is the agreement by which two or more people pool, in a permanent way, their knowledge or their activity for a purpose other than to share profits. As to its validity, it is governed by the general principles of law applicable to contracts and obligations.
Article 2 Associations of persons may be formed freely without prior authorization or declaration, but they will only enjoy legal capacity if they have complied with the provisions of article 5.
Any association founded on a cause or with a view to an illicit object, contrary to the laws, to good morals, or which would have the aim of undermining the integrity of the national territory and the republican form of government, is null and void. no effect.
Any member of an association which is not formed for a determined time can withdraw from it at any time, after payment of the dues due and the current year, notwithstanding any clause to the contrary.
Article 5(Law n ° 71-604 of July 20, 1971 Official Journal of July 21, 1971)
(Law n ° 81-909 of October 9, 1981 Official Journal of October 10, 1981 corrigendum JORF October 16, 1981)
Any association wishing to obtain the legal capacity provided for in article 6 must be made public by the care of its founders.
The prior declaration will be made to the prefecture of the department or to the sub-prefecture of the district where the association will have its head office. It will make known the title and object of the association, the headquarters of its establishments and the names, professions and domiciles and nationalities of those who, in any capacity, are responsible for its administration or management. Two copies of the articles of association will be attached to the declaration. A receipt thereof will be given within five days.
When the association has its head office abroad, the prior declaration provided for in the previous paragraph will be made to the prefecture of the department where the head office of its main establishment is located.
The association is only made public by an entry in the Official Journal, upon production of this receipt.
Associations are required to make known, within three months, all changes in their administration or management, as well as all changes made to their statutes.
These modifications and changes are only effective against third parties from the day on which they have been declared.
The modifications and changes will also be recorded in a special register which must be presented to the administrative or judicial authorities whenever they so request.
Article 6(Law n ° 48-1001 of June 23, 1948 Official Journal of June 24, 1948)(Law n ° 87-571 of July 23, 1987 art. 16 Official Journal of July 24, 1987)(Ordinance n ° 2000-916 of September 19, 2000 art. 5 II Official Journal of September 22, 2000 in force on January 1, 2002) Any duly declared association may, without any special authorization, sue, receive manual donations as well as donations from public utility establishments, acquire for consideration, possess and administer, apart from State subsidies, regions, departments, communes and their public establishments:
1 ° The contributions of its members or the sums by means of which these contributions have been reduced, these sums not being able to exceed 16 euros;
2 ° The premises intended for the administration of the association and the meeting of its members;
3 ° The buildings strictly necessary for the accomplishment of the goal it proposes.
The declared associations which have for exclusive purpose the assistance, the beneficence, the scientific or medical research can accept the gifts inter vivos or testamentaries under conditions fixed by decree in Council of State.
When an association gives the proceeds of a donation a different allocation from that for which it has been authorized to accept it, the act of authorization may be reported by decree to the Council of State.
Article 7(Law n ° 71-604 of July 20, 1971 Official Journal of July 21, 1971)
In the event of nullity provided for by article 3, the dissolution of the association is pronounced by the tribunal de grande instance, either at the request of any interested party, or at the behest of the public prosecutor. This one can assign on a fixed day and the court, under the sanctions provided for in article 8, order by provision and notwithstanding any means of appeal, the closure of the premises and the prohibition of any meeting of the members of the association.
In the event of infringement of the provisions of article 5, dissolution may be pronounced at the request of any interested party or of the public prosecutor.
Article 8(Law n ° 92-1336 of December 16, 1992 art. 322, art. 326 Official Journal of December 23, 1992 in force on March 1, 1994)(Law n ° 2001-504 of June 12, 2001 art. 16 Official Journal of June 13, 2001)
Will be punished by a fine provided for in 5 ° of article 131-13 of the penal code for 5th class contraventions in the first offense, and, in the event of a repeat offense, those who have contravened the provisions of article 5.
The founders, directors or administrators of the association which would have been maintained or reconstituted illegally after the dissolution judgment will be punished by three years of imprisonment and a fine of 300,000 F.
All persons who have favored the meeting of the members of the dissolved association, by consenting to the use of a room at their disposal, will be punished with the same penalty.
Article 9 In the event of voluntary, statutory or legal dissolution, the assets of the association will devolve in accordance with the statutes or, in the absence of a statutory provision, according to the rules determined in the general assembly.
(Law n ° 87-571 of July 23, 1987 art. 17 Official Journal of July 24, 1987)
Associations may be recognized as being of public utility by decree of the Council of State at the end of a probationary period of operation of at least three years.
The recognition of public utility can be withdrawn in the same forms.
However, the probationary period of operation is not required if the foreseeable resources over a period of three years of the association requesting this recognition are such as to ensure its financial balance.
Article 11(Law of July 2, 1913 Official Journal of July 6, 1913)(Decree n ° 66-388 of June 13, 1966 Official Journal of June 17, 1966)(Law n ° 87-571 of July 23, 1987 art. 17 II Official Journal of July 24, 1987)
These associations can carry out all the acts of civil life which are not prohibited by their statutes, but they cannot own or acquire other buildings than those necessary for the goal they propose. All the securities of an association must be placed in registered securities, in securities for which the list of registered references provided for in article 55 of law n ° 87-416 of June 17, 1987 on savings is established or in securities accepted by the Banque de France as guarantee for advances.
They can receive donations and bequests under the conditions provided for by article 910 of the Civil Code. The buildings included in a deed of gift or in a testamentary disposition which would not be necessary for the functioning of the association are alienated within the time limits and in the form prescribed by the decree or the decree which authorizes the acceptance of the donation; the price is paid to the association fund. However, they may acquire, against payment or free of charge, timber, forests or land to be afforested.
They cannot accept a movable or immovable donation with reserve of usufruct for the benefit of the donor.
(Law n ° 42-505 of April 8, 1942 Official Journal of April 17, 1942)
Any religious congregation can obtain legal recognition by decree issued on the assent of the Council of State; the provisions relating to previously authorized congregations apply to them.
Legal recognition may be granted to any new congregational establishment by virtue of a Council of State decree.
The dissolution of the congregation or the suppression of any establishment can only be pronounced by decree on the assent of the Council of State.
Every religious congregation keeps a statement of its receipts and expenses; each year it draws up the financial account for the past year and the inventory of its movable and immovable property.
The complete list of its members, mentioning their patronymic name, as well as the name by which they are designated in the congregation, their nationality, age and place of birth, the date of their entry, must be found at the headquarters of the congregation.
The latter is required to represent without travel, upon any requisition from the prefect to himself or to his delegate, the accounts, statements and lists indicated above.
Representatives or directors of a congregation who have made false communications or refused to comply with the requisitions of the prefect in the cases provided for in this article shall be punished with the penalties given in paragraph 2 of article 8.
(Law n ° 42-505 of April 8, 1942 Official Journal of April 17, 1942)
Are void all acts inter vivos or testamentary, against payment or free, carried out either directly, or by an intermediary, or any other indirect means, having for object to allow associations legally or illegally formed to evade the provisions of articles 2, 6, 9, 11, 13, 14 and 16.
Nullity may be pronounced either at the behest of the public prosecutor, or at the request of any interested party.
Article 18(Law of July 17, 1903 Official Journal of July 18, 1903)
The congregations existing at the time of the promulgation of this law, which would not have been previously authorized or recognized, will have, within three months, to justify that they made the necessary diligences to conform to its prescriptions.
In the absence of this justification, they are deemed to be dissolved as of right. The same will apply to congregations to which authorization has been refused.
The liquidation of the property held by them will take place in court. The court, at the request of the public prosecutor, will appoint, to proceed, a liquidator who will have all the powers of a sequestral administrator throughout the duration of the liquidation.
The court which appointed the liquidator has sole jurisdiction to hear, in civil matters, any action brought by or against the liquidator.
The liquidator will proceed with the sale of the buildings in accordance with the prescribed forms for the sale of the property of minors.
The judgment ordering the liquidation will be made public in the form prescribed for legal notices.
The goods and values belonging to members of the congregation prior to their entry into the congregation, or which would have fallen to them since, either by intestate succession in direct line or collateral, or by donation or bequest in direct line, will be returned to them.
Donations and bequests made to them other than in a direct line may also be claimed, but the beneficiaries must prove that they were not the intermediaries provided for in article 17.
The property and values acquired, free of charge and which would not have been specially affected by the act of liberality to a work of assistance may be claimed by the donor, his heirs or assigns, or by the heirs or assigns of the testator. , without being able to be opposed to them any prescription for the time elapsed before the judgment pronouncing the liquidation.
If the goods and values have been given or bequeathed with a view to not gratifying the congregants, but to provide for a work of assistance, they can only be claimed on charge of providing for the accomplishment of the goal assigned to the liberality.
Any recovery or claim action must, under penalty of foreclosure, be brought against the liquidator within six months from the publication of the judgment. Judgments rendered in conflict with the liquidator, and having acquired the authority of res judicata, are enforceable against all parties concerned.
After the six-month period, the liquidator will proceed to the legal sale of all the buildings which have not been claimed or which are not assigned to a work of assistance.
The proceeds of the sale, as well as all securities, will be deposited with the Caisse des Dépôts et Consignations.
The maintenance of the hospitalized poor will be, until the completion of the liquidation, considered as privileged costs of liquidation.
If there is no dispute or when all the actions filed within the prescribed period have been judged, the net assets are distributed among the beneficiaries.
The decree referred to in article 20 of this law will determine, on the assets remaining free after the above-mentioned deduction, the allowance, in capital or in the form of a life annuity, which will be allocated to the members of the dissolved congregation. who do not have an assured livelihood or who can justify having contributed to the acquisition of the values distributed by the product of their personal labor.
A decree will determine the specific measures to ensure the execution of this law.
Articles 291, 292, 293 of the penal code are repealed, as are the provisions of article 294 of the same code relating to associations; article 20 of the ordinance of July 5-8, 1820; the law of April 10, 1834; article 13 of the decree of July 28, 1848; article 7 of the law of June 30, 1881; the law of March 14, 1872; paragraph 2, article 2, of the law of May 24, 1825; the decree of January 31, 1852 and, generally, all the provisions contrary to this law.
There is no derogation for the future from the special laws relating to professional unions, trading companies and mutual benefit societies.
(inserted by Law n ° 81-909 of October 9, 1981 Official Journal of October 10, 1981 corrigendum JORF October 16, 1981)
This law is applicable to the overseas territories and to the territorial collectivity of Mayotte.
Note – Law 2001-616 2001-07-11 art. 75: In all the legislative and regulatory provisions in force in Mayotte, the reference to “the territorial collectivity of Mayotte” is replaced by the reference to “Mayotte”, and the reference to the “territorial collectivity is replaced by the reference to the” departmental community “.