Damage caused by an association leader: who is responsible?

Verified 26 August 2025 - Directorate of Legal and Administrative Information (Prime Minister)

In principle, it is the association that assumes responsibility for the acts performed by its directors in the course of their duties. However, an executive may incur personal liability in the event of gross negligence, acts outside his or her powers, or if he or she fails to comply with certain legal obligations, such as compulsory insurance. Depending on the seriousness and nature of the acts complained of, his liability may be civil or criminal in nature. We give you useful information.

If the head of an association causes damage by his act and in the course of his duties to a third party (person outside the association), it is in principle the association as legal person which is civilly responsible.

The same applies if the director causes damage to a member of the association. It is the association that compensates the victim for the damage she has suffered.

However, the personal responsibility of the manager may be sought if it is established that did not mention acting in the name and on behalf of the association or that he has committed a detachable fault of his functions.

A fault detachable from duties is a fault committed intentionally and of particular severity incompatible with the normal exercise of the duties of an officer. For example, an association that does not take out compulsory insurance related to its activity.

The personal responsibility of the manager may also be sought if he acts outside its remit or outside the corporate purpose of the association. For example, a leisure association that will make real estate investments.

The association, as legal person, may be criminally liable if its leader commits on his behalf, one crime or a offense.

The criminal liability the officer, as the perpetrator or accomplice of the wrongdoing, may also be engaged.

Thus, if the accident is caused by an offense or a crime, the association and/or its leader may be criminally prosecuted. For example, the executive officer committed a traffic offense using the association's car.

In this case, the association will be civilly and/or criminally liable and the leader will also be criminally prosecuted as the perpetrator.

FYI  

Associations may have more or less obligations depending on their purpose (example: sports associations have a safety obligation towards their member). As such, they must take out insurance covering their civil liability.

Civil liability of the leader or association

In principle, it is the association, as a legal person, that is liable for damages caused by its directors in the performance of their duties.

Example :

  • A participant is injured during an activity organized by the association.
  • A management error engages the contractual responsibility of the association. This may be the case if the association forgets to renew the compulsory insurance contract to cover its activities. If a loss occurs during this period (for example, a participant is injured during an activity), the association may be held liable, as this lack of insurance results from an administrative management error.

In these cases, the association compensates the victim.

However, the personal civil liability of the manager may be incurred in one of the following cases:

  • He did not mention acting on behalf of the association,
  • It has acted outside its powers or outside the corporate purpose,
  • He committed a misconduct detachable from his duties (intentional, particularly serious and incompatible with his duties).

Example :

  • A manager engages the association in a very expensive room rental contract, without verifying the financial capacity of the association, which leads to a significant debt and the impossibility of paying the other charges.
  • A leisure association makes real estate investments unrelated to its statutory purpose.

Please note

The manager must also ensure compliance with the obligations specific to the activity of the association (e.g. safety in sports associations). In particular, it is up to the association to ensure that it has adequate civil liability insurance.

Criminal liability of the director or association

The association may be criminally liable if the director commits an offense on its behalf (crime or offense).

But the criminal responsibility of the leader may also be engaged in a personal capacity, as author or accomplice of the facts. 

Example :

The manager causes a traffic accident with a vehicle of the association after having violated the traffic code.

In this case, the association can be criminally prosecuted and the manager can also be personally prosecuted.

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