The recognition of public utility is an association status accredited by decree of the Council of State. It is granted following a request made by the associative body or the foundation. Associations recognised as being of public utility (ARUP) meet specific conditions that allow them access to special benefits.
The conditions to be met
To be an association recognized as being of public utility, the organization must meet these 5 conditions :
- be recognised as a so-called association of general interest: this title designates non-profit associations, with disinterested management, open to all, and whose activities are of a “philanthropic, educational, scientific, social, humanitarian, sporting, family, cultural nature or contributing to the enhancement of the artistic heritage, the defence of the natural environment”,
- have a greater influence and influence than the local context,
- have a number of members at least equal to or greater than 200 and an active associative life benefiting from the majority of members,
- demonstrate democratic functioning and organization,
- benefit from a solid financial balance corresponding to an annual amount of at least €46,000, of which public subsidies represent less than half of the budget and having obtained positive results in the last three financial years.
The procedure
The application for recognition of public utility
The application for recognition of public utility is made directly online to the Ministry of the Interior, except in Alsace-Moselle.
After the transmission of the necessary documents accompanying the application signed and dated by the authorized members of the association; A receipt is sent to applicants by email.
The application file is then submitted to the opinions of the ministries concerned by the objects of the association. After a positive deliberation, it was presented to the Council of State, which gave its verdict on the draft recognition decree.
The approval of the body as a public utility association is awarded by decree published in the Official Journal. A copy is also sent to the association by the prefect of the department.
The statutes and the rules of procedure
The association’s statutes must meet the obligations put into force by the Council of State. Associations that have adopted the model statutes can submit a request for modification of the articles of association online.
It is possible to link the statutes of the ARUP with internal regulations. This is created by the associative body and then sent to the Ministry of the Interior for validation. Its purpose is to set the conditions for the implementation of measures relating to the articles of association.
Why should you be recognized as a public utility association?
For whom?
In order for an association to be able to claim the status of public utility, it must be an association under the law of 1901, in operation for at least three years and meet the criteria presented above.
It is essential for certain types of associations to have the status of public utility for the realization of their associative projects. This is the case for humanitarian associations that would like to carry out missions abroad.
Why?
The ARUP status provides the association with financial advantages, in addition to increased recognition of its actions. Indeed, a public utility association has the possibility of receiving donations and legacies, in addition to manual donations admissible by all associations. These donations and legacies are subject to declaration to the departmental prefecture corresponding to the association’s headquarters. In the case of legacies, the declaration is generally made by the notary in charge of the estate, or in the case of a donation, by the association by post.
It should be noted that an association recognized as being of public utility can renounce its status as an ARUP. After deliberation by the extraordinary general meeting, a request for withdrawal may be made. The association will regain its status as a simple association declared upon the publication of the decree repealing the decree of recognition.
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