Resignation of a member of an association
Verified 10 August 2023 - Directorate for Legal and Administrative Information (Prime Minister)
General case
In principle, a member of an association may resign at any time and freely.
However, provisions in the statutes may make resignation subject to certain conditions.
In all cases, the drafting of a resignation letter is advisable. When the resignation comes from the president or an ex officio member of the association, special features apply.
We present you with the information you need to know.
Any member of an association may withdraw from it at any time.
Without specific provisions in the statutes, resignation is not subject to any conditions or formalism.
The resignation takes effect as soon as the association is notified.
A member of the association may not oppose the departure of another member.
Where the articles of association lay down the conditions under which resignation must be submitted, those rules must be complied with in order for resignation to be taken into account.
Example :
The articles of association may provide that resignation will be admitted after a period of notice has expired or if the resigning member is up to date with his contributions. They may also provide for the receipt of a letter of resignation.
Even if it is not provided for in the statutes, the drafting of a letter of resignation is advisable.
Its content differs according to the status of the resigning member.
The resignation must be clear and unequivocal.
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Member of the association
The letter of resignation shall in general contain the following information:
- Contact details of the resigning member
- Membership number
- Unequivocal desire to resign
- The date the member wishes to resign
- Possible desire to have their personal data deleted from the association’s databases
The letter of resignation shall be addressed to the governing bodies.
President, Treasurer, Secretary of the Association
The resignation letter must contain the following information:
- Contact Information
- Unequivocal willingness to step down
- Date of notice, if any
- Willingness or not to remain a member of the association
- Possible desire to have their personal data deleted from the association’s databases
The letter of resignation shall be addressed to the governing bodies.
In principle, the resigning member cannot withdraw (retract his decision) once the procedure has been initiated unless the statutes allow it.
If the resigning member is obligatory to be a member of an association in accordance with legal provisions, he may not resign as long as he fulfills the conditions which give him the status of member ex officio.
This is the case for owner's trade unions (ASP) Owners of real estate within the scope of an SLA are automatically members of the association until the sale of their real estate to another owner, the dissolution of the association or the reduction of its scope.
The same applies to the approved communal hunting associations. Members of these associations who wish to resign must meet certain conditions.
The association must then to declare the change of direction, within 3 months, at the Registry of Associations of the department of its registered office.
If the association is also registered in Sirene Directory, it must also report this change to INSEE.
The resigning director must return to the association all the documents in his possession (accounting books, checkbooks, list of members, ...).
The personal data of the resigning member is deleted from all the files of the association, unless he gives his explicit consent. The information concerned is first and last names, date of birth, postal and e-mail addresses, telephone numbers, statement of contributions, bank details.
However, the personal data necessary for the accounting records and the minutes of meetings or activities may be kept.
Alsace-Moselle
A member of an association may freely resign at any time, but subject to the conditions laid down in the statutes.
Without specific provisions in the statutes, resignation is not subject to any conditions or formalism. It shall be effective as soon as it has been declared to a member of the management.
Where the articles of association lay down conditions under which resignation must be submitted, they must be complied with in order for resignation to be taken into account.
Example :
In particular, the statutes may provide that resignation will be accepted only at the end of a year or once notice has been given (up to 2 years). These two conditions may be cumulative.
In Alsace-Moselle, in principle, a member who has resigned cannot withdraw once the procedure has been initiated unless the statutes allow it.
However, if he is obligatory to be a member of the association under legal provisions (of the law), he cannot resign as long as he fulfills the conditions that give him the status of a member by right.
This is the case for owner's trade unions (ASP). Owners of a building within the scope of an SLA are automatically members of the association until the sale of their property to another owner, the dissolution of the association or the reduction of its scope.
The same applies to the approved communal hunting associations. Members of these associations who wish to resign must meet certain conditions.
The association must declare this change at the registry of the court of first instance within whose jurisdiction its registered office is situated, for entry in the register of associations.
Who shall I contact
If the association is also registered in Sirene Directory, it must also report this change to INSEE.
The personal data of the resigning member is deleted from all the files of the association, unless he gives his explicit consent. The information concerned is first and last names, date of birth, postal and e-mail addresses, telephone numbers, statement of contributions, bank details.
However, the personal data necessary for the accounting records and the minutes of meetings or activities may be kept.
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