Document: The Law of the 1er July 1901 -
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Law of July 1, 1901 relating
to the contract of association
(Official Journal of July
2, 1901)
TITRATE I
- Article 1
Association is the convention by which two or several people share,
in a permanent way, their knowledge or their activity with a different
aim than to share benefit.
It is governed, as for its validity, by the general principles of
the duty applicable to the contracts and obligations.
- Article 2
Associations of people will be able to be freely formed without
preliminary authorization nor declaration, but they will enjoy the legal
capacity only if they conformed to the provisions of article 5.
- Article 3
Any association founded on a cause or for an illicit, contrary object
with the laws, the moralities, or the purpose of which would be to attack
the integrity of the national territory and to the republican shape of
the government, is null and of no effect.
- Article 4
Any member of an association which is not formed for a given time
can withdraw himself some in any time, after payment of the fallen contributions
and the current year, notwithstanding any contrary clause.
- 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)
Any association which will want to obtain the legal capacity envisaged
by article 6 will have to be made public by the care of its founders.
The preliminary statement will be made by it with the prefecture
of the department or the sub-prefecture of the district where association
will have its registered office.
It will make known the title and the object of association, the
seat of its establishments and the names, professions and residences and
nationalities of those which, with an unspecified title, are in charge
of its administration or its direction. Two specimens of the statutes will
be joined to the declaration.
It will be given receipt of this one within five day.
When association has its registered office abroad, the statement
preliminary envisaged to the preceding subparagraph will be made with the
prefecture of the department where the seat of its principal establishment
is located.
Association is made public only by one insertion with the Official
Journal, on production of this receipt.
Associations are held to make known, in the three months, all the
changes which have occurred in their administration or direction, like
all the modifications made to their statutes.
These modifications and changes are opposable with the thirds only
as from the day when they will have been declared.
The modifications and changes moreover will be consigned on a special
register which will have to be presented to the administrative or legal
authorities each time that they will make the request of it.
- Article 6
(Law N°48-1001 of June 23, 1948 Official Journal of June 24,
1948)
(Law N°87-571 of July 23, 1987 Article 16 Official Journal of
July 24, 1987)
Any regularly declared association can, without any special permit,
be party to legal proceedings, to receive manual gifts as well as gifts
of public utility companies, to acquire subject to payment, to have and
manage, apart from the State grants, areas, departments, communes and their
publicly-owned establishments:
1°contributions of its members or sums with the means of which
these contributions were rédimées, these sums not being able
to be higher than 100 F;
2°the room intended for the administration of association and
the meeting of its members;
3°buildings strictly necessary to the achievement of the goal
which it proposes.
Declared associations the purpose of which are exclusive the assistance,
the benevolence, scientific or medical search can accept liberalities between
sharp or testamentary under conditions fixed by decree in Council of State.
When an association gives to the product of a liberality an assignment
different from that for which it will have been authorized to accept it,
the act of authorization could be brought back by decree in Council of
State.
- Article 7
(Law N°71-604 of July 20, 1971 Official Journal of July 21,
1971)
In the event of nullity envisaged by article 3, the dissolution
of association is pronounced by the County Court, either at the request
of any interested party, or with the diligence of the public ministry.
This one can assign up to date fixed and the court, under the sanctions
envisaged in article 8, order by provision and notwithstanding any ground
for appeal, the closing of the buildings and the prohibition of any meeting
of the members of association.
In the event of infringement with the provisions of article 5, dissolution
can be marked at the request of any interested party or public ministry.
- Article 8
(Law N°92-1336 of December 16, 1992 Article 322, Article 326
Official Journal of December 23, 1992)
Will be punished of a fine envisaged by the 5°of article 131-13
of the penal code for the infringments of 5è class in first infringement,
and, in the event of repetition, those which will have contravened the
provisions of article 5.
Will be punished of a fine of 30.000 F and a one year imprisonment,
the founders, directors or administrators of the association which would
have been maintained or reconstituted illegally after the judgement of
dissolution.
Will be punished same sorrow all the people who will have supported
the meeting of the members of dissolved association, by authorizing the
use of a room they have.
- Article 9
In the event of voluntary dissolution, statutory or pronounced by
justice, the goods of association will be reserved in accordance with the
statutes or, in the absence of statutory provision, according to the rules
determined in general meeting.
CONTAIN II
- Article 10
(Law N°87-571 of 23 July 1987 Article 17 Official Journal of
July 24, 1987)
Associations can be recognized of public utility by decree in Council
of State at the end of one probationary period of one duration operation
at least equal to three years.
The recognition of public utility can be withdrawn in the same forms.
The probationary period of operation is not however required if
the foreseeable resources on a three years deadline of association requiring
this recognition are likely 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 23 July 1987 Article 17 II Official Journal
of July 24, 1987)
These associations can make all the acts of the civil life which
are not prohibited by their statutes, but they can have or acquire other
buildings only those necessary to the goal which they propose. **time-out**
all the security transferable of a association must be place in registered
security nominatifs, in title for which be establish the form of reference
personal envisaged with article 55 of law N°87-416 of 17 June 1987
on the saving or in value allowed by the Bank of France in guarantee of
advance.
They can receive gifts and legacies under the conditions envisaged
by article 910 of the civil code. The buildings included/understood in
a deed of gift or a testamentary provision which would not be necessary
to the operation of association are alienated in the times and the form
prescribed by the decree or the decree which authorizes the acceptance
of liberality; the price is versed with the case of association. However,
they can acquire, subject to payment or on a purely free basis, of wood,
forests or grounds to be timbered.
They cannot accept a movable or real donation with reserve of usufruct
to the profit of the giver.
CONTAIN III
- Article 13
(Law N°42-505 of April 8, 1942 Official Journal of April 17,
1942)
Any religious congregation can obtain the legal recognition by decree
returned on assent of the Council of State; the provisions relating to
the congregations authorized before are applicable for them.
The legal recognition could be granted to all new congreganist establishment
under the terms of a decree as a Council of State.
The dissolution of the congregation or the suppression of any establishment
can be marked only by decree on assent of the Council of State.
- Article 15
Any religious congregation holds a state of its receipts and expenditure;
it draws up each year the financial account of the past year and the inventoried
state of its movable and real goods.
The complete list of its members, mentioning their patronymic name,
as well as the name under whom they are indicated in the congregation,
their nationality, age and birthplace, the date of their input, must be
with the seat of the congregation.
This one is held to represent without displacement, on any requisition
of the prefect to him even or its delegate, the accounts, states and lists
indicated above.
Will be punished sorrows carried in paragraph 2 of article the 8
representatives or directors of a congregation who will have made untrue
communications or will have refused obtempérer with the requisitions
of the prefect in the cases envisaged by this article.
- Article 17
(Law N°42-505 of April 8, 1942 Official Journal of April 17,
1942)
Are null all acts between sharp or testamentary, subject to payment
or free, accomplished either directly, or by anybody interposed, or all
other indirect way, having the aim of allowing associations legally or
illegally formed to withdraw itself from the provisions of articles 2,
6, 9, 11, 13, 14 and 16.
Nullity could be marked either with the diligence of the public
ministry, or at the request of any interested party.
- Article 18
(Law of July 17, 1903 Official Journal of July 18, 1903)
The existing congregations at the time of the promulgation of this
law, which before would not have been authorized or are recognized, will
have, within three month, to justify that they made diligences necessary
to conform to its regulations.
In the absence of this justification, they are considered dissolved
full. It will be the same for the congregations to which the authorization
will have been refused.
The liquidation of the goods held by them will take place in justice.
The court, at the request of the public ministry, will name, to proceed
to it, a liquidator who will have throughout all liquidation all the capacities
of an administrator sequesters.
The court which named the liquidator is only qualified to know,
out of civil matter, of any action formed by the liquidator or against
him.
The liquidator will make proceed to the sale buildings according
to the forms prescribed for the sales of goods of minors.
The judgement ordering liquidation will be given public in the form
prescribed for the legal advertisements.
The goods and values belonging to the members of the congregation
before at their entry in the congregation, or who would have fallen to
them since, either by succession intestate in hot or collateral line, or
by donation or legacy in hot line, will be restored to them.
**time-out** the gift and legacy which them have be make differently
than in line hot can be also assert, but with load by the recipient to
prove la preuve that they have not be the person interpose envisaged by
the article 17.
**time-out** the good and value acquire, on a purely basis free
and which have not be especially affect by the act of liberality with a
work of assistance can be assert by the giver, its heir or have right,
or by the heir or have right of testator, without it can them be opposite
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