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    Document: The Law of the 1er July 1901  -        return Europassos
ASSOCIATIVE MANAGEMENT
Heading: Legal
__________________________________________(link french version) associative management / summary heading

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 no regulation for the t$AB

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