What is the procedure for excluding a member from an association?

Verified 07 August 2026 - Public Service / (Prime Minister)

Exclusion is a decision taken by the association, as a sanction. This may be decided when one of its members breaches the statutory rules (i.e. one of the obligations set out in the statutes) or the rules and regulations.

This may be one of the following:

  • Inappropriate behavior
  • Failure to fulfill a specific commitment made at the time of accession, such as participating in 2 campaigns per year
  • Assault of another limb
  • Damage to property belonging to the association
  • Prolonged or unjustified absence in an active association such as a sports association.

Exclusion is to be distinguished from radiation, which is here administrative consequence either an exclusion, or a request from a member, or an outright application of the statutes of an association.

This is the case when:

  • One of its members no longer fulfills a condition laid down by the statutes to be part of the association
  • A member wishes to leave the association
  • A member dies.

In principle, the statutes of the association or the rules and regulations determine freely the grounds for exclusion and the procedure to be followed. If the latter is not strictly followed, the sanction imposed on a member may be called into question.

Where the statutes do not specify these points, it is in principle thegeneral assembly of the association to pronounce.

Two main causes can lead an association to exclude one of its members:

Répondez aux questions successives et les réponses s’afficheront automatiquement

Non-payment of contributions

The situation varies according to what the statutes contain:

The statutes provide that non-payment of the membership fee shall result in the automatic exclusion of the member

The association shall note the automatic exclusion of the member concerned, without any special procedure having to be put in place.

As long as the actual removal has not been notified to the member, the latter shall remain considered as a member of the association.

Consequently, it must, if necessary, be convened to the general meeting and be able to vote at it.

The statutes provide that an exclusion procedure must be followed

The absence of payment is then considered as a misconduct may result in exclusion after disciplinary proceedings have been instituted.

As long as the exclusion decision has not been taken by the competent body (association office or general meeting) and notified to the member, the latter shall remain considered to be part of the association.

Consequently, it must, if necessary, be convened to the general meeting and be able to vote at it.

The articles of association may provide for a period for regularizing the contribution before the exclusion takes effect.

There is nothing in the statutes

Failure to pay the annual fee may be considered as a misconduct. This will have to be the subject of a possible sanction, pronounced by the association, within the framework of a disciplinary procedure to be organized.

As long as an exclusion decision has not been taken by the competent body and notified to the member, the latter shall remain considered to be part of the association.

Consequently, it must, if necessary, be convened to the general meeting and be able to vote at it.

Where the statutes do not provide for a specific procedure, the association must nevertheless allow the member concerned to know the facts alleged against him and to present his explanations before an exclusion decision is taken.

In the absence of any specificity in the statutes, it is in principle the general meeting that decides on the exclusion.

A decision taken without allowing the member to present his explanations may be set aside by the judge.

Serious misconduct

Reason for exclusion

An association may wish to exclude one of its members for a serious reason.

Example :

This may include, but is not limited to:

  • Acts detrimental to the interests, image or proper functioning of the association, such as defamation
  • Failure to respect the fundamental values of the association: a member who publishes discriminatory remarks on social networks in a cultural association that encourages diversity and tolerance
  • Serious conflicts between members
  • Security breaches.

In these cases, the reality and gravity of the fault must be proven. These elements must be able to be discussed so that the member concerned can explain himself.

Other grounds for exclusion may also be laid down in the statutes or rules and regulations, provided that they are sufficiently precise and do not conflict with the law.

Disciplinary procedure

The disciplinary procedure established must be that defined by the statutes.

In the absence of a defined forum, the General Assembly plays this role.

A letter of formal notice, sent to the member of the association by registered mail with acknowledgement of receipt, must specify the alleged act or the statutory provision to which it contravenes.

Depending on the nature of the act, the member concerned is requested to fulfill his obligation in accordance with the statutes or to present his explanations concerning the facts.

The letter must inform him of the penalty incurred and the possibility of being assisted by another member or a lawyer.

Depending on the statutes or the rules and regulations, the member concerned may be summoned before the disciplinary body of the association.

In the absence of a reply from the person concerned, the association sends him a registered letter with acknowledgement of receipt informing him of the penalty, which may go as far as exclusion, and the reasons for it.

The member must have the opportunity to defend himself before the exclusion decision.

The association must inform him sufficiently early of the facts alleged against him and of the sanction envisaged so that he can prepare and present his observations. The deadlines and procedures for convening meetings provided for in the statutes must be respected.

A decision taken without respecting the procedure provided for by the statutes or without allowing the member to present his explanations may be annulled by the judge.

The statutes or the rules and regulations may provide that the penalty imposed may be appealed to another body of the association (appeal procedure).

Possibility to challenge the decision

For certain types of association, the law requires provision for these appeal procedures (e.g. for accredited sports federations).

An excluded member of the association may challenge his or her exclusion in court. He must address his request (motion) to the judge.

The annulment by a judge of an exclusion decision may lead to the reinstatement of the member concerned in the association.

However, the judge usually avoids ordering reinstatement. It only orders the payment of damages and interest.

Warning  

Where the statutes provide for a domestic remedy, it is recommended that it be exercised before bringing the matter before the judge.

Who can help me?

Find who can answer your questions in your region