How to found an association using the INPI?
IN BRIEF | \n|
| 1. Planning | \nDefine it aim, THE goals and the name of the association. | \n
| 2. Statuses | \nWrite them statuses of the association according to legal requirements. | \n
| 3. Declaration | \nSelect between online declaration Or paper declaration. | \n
| 4. Publication | \nMake a publication at Official Journal of business associations and foundations (JOAFE). | \n
| 5. Filing with the INPI | \nProceed to file the name of the association with theINPI for his protection. | \n
| 6. RNA number | \nGet a RNA number after validation of the declaration by the prefecture. | \n
| 7. SIRET | \nRegister the association at SIRENE Directory to get a number SIRET. | \n
Are you considering creating an association and wondering about the steps to follow, particularly with regard to the National Institute of Industrial Property (INPI)? Contrary to popular belief, the process of creating an association does not generally require contact with the INPI. This article explains the essential steps to founding an association while clarifying the role of the INPI in this context.
\n\n\n\nCreating an association is a relatively simple process, which can nevertheless raise questions, particularly with regard to recourse to the National Institute of Industrial Property (INPI). This article will guide you through the essential steps to founding an association through the INPI, while clarifying the specific procedures and necessary documents.
\n\n\nUnderstand the role of the INPI in the creation of an association
\n\n\nIt is important to know that the INPI is not directly involved in the creation of an association. Its role is mainly limited to the protection of intellectual property, such as trademarks, patents and industrial designs. Therefore, when forming an association, you generally do not need to consult the INPI, unless you wish to protect a specific name, logo or brand associated with your association.
\n\n\nInitial steps to create an association
\n\n\nTo begin creating your association, it is necessary to define its objective, its head office and draft its statutes. These statutes must specify the operating rules of the association, the membership conditions of members, the rights and duties of members, as well as the designation of the governing bodies.
\n\n\nProtection of intellectual property with the INPI
\n\n\nIf you wish to protect the name of your association or its logo, it is recommended to apply for registration with the INPI. This registration ensures that no one else can use this name or logo without your permission. The filing process includes checking the availability of the name or logo, preparing and submitting an application for registration.
\n\n\nDeclaration of the association to the authorities
\n\n\nOnce your statutes have been drawn up, you must declare the creation of your association to the prefecture or sub-prefecture of your department. This declaration can be made online or by completing a paper form. This is Cerfa form n°13973*04. After validation of your file, a declaration receipt will be issued to you, attesting to the official recognition of your association.
\n\n\nLegal advertising of the creation of the association
\n\n\nAfter declaration to the prefecture, your association must be published in the Official Journal of Business Associations and Foundations (JOAFE). This publication is essential to make your association legally visible and operational. There is a cost associated with this publication, but it is generally modest.
\n\n\nManagement and obligations of the association
\n\n\nOnce the association is created, it must respect certain legal and regulatory obligations, such as keeping accounts, holding regular meetings (general assembly), and updating its statutes and its managing members with the prefecture in the event of a change.
\n\n\nIn conclusion, creating an association through the INPI is not obligatory unless you have intellectual property elements to protect. The main stages include the drafting of the statutes, the declaration to the competent authorities and the publication in JOAFE. The regular management of the association also requires compliance with various legal obligations in order to guarantee its proper functioning and sustainability.
\n\n\n\nComparison of Procedures for Creating an Association with and without the INPI
\n\n\n| Stage | \nWith INPI | \nWithout INPI | \n
| 1. Project Definition | \nDefine the objectives and name of the association | \nDefine the objectives and name of the association | \n
| 2. Constitutive Meeting | \nWrite the statutes and hold a general meeting | \nWrite the statutes and hold a general meeting | \n
| 3. Name Availability Search | \nChecking the availability of the name with the INPI | \nNot necessary | \n
| 4. Filing with the INPI | \nRegistration of the brand or logo if desired | \nNot necessary | \n
| 5. Declaration to the Prefecture | \nClassic declaration at the prefecture or online | \nClassic declaration at the prefecture or online | \n
| 6. Publication in the Official Journal | \nMandatory publication in the Official Journal | \nMandatory publication in the Official Journal | \n
| 7. Protection of Intellectual Property | \nPossibility of protecting intellectual property via the INPI | \nNo specific procedure required | \n
| 8. Monitoring and Management | \nClassic administrative monitoring with possible INPI monitoring | \nClassic administrative monitoring | \n
- \n\n
- Define the purpose of the association \n\n\n
- Establish the statutes \n\n\n
- Convene a constituent assembly \n\n
- \n\n
- Online declaration on the INPI website \n\n\n
- Submission of statutes and minutes \n\n\n
- Obtain an RNA number \n\n





