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29539

Question 29539 — associations and foundations

answeredFrance· National Assembly· FR

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8 August 2020

Summary

Mrs. Marie-Pierre Rixain draws the attention of the Minister of Economy and Finance to the loan possibilities of associations. To date, articles L. 511-5 and L. 511-6 of the Monetary and Financial Code regulate lending activity. Article L. 511-5 prohibits lending activity to any person other than credit institutions. Article L. 511-6 provides for exceptions, in particular: "1. To non-profit organizations which, in the framework of their mission and for reasons of a social nature, grant, from their own resources, loans on preferential conditions to certain of their nationals" and "3 bis. To commercial companies whose accounts for the last closed financial year have been certified by an auditor or who have voluntarily appointed an auditor under the conditions defined in II of article L. 823-3 of the code of commerce and who grant, as an ancillary to their main activity, loans of less than three years to microenterprises, small and medium-sized enterprises or to intermediate-sized enterprises with which they have economic links justifying it. In other words, it is possible for an association to grant loans to its nationals but not to its federation, whereas it is possible for a commercial company to practice inter-company loans. In this period of economic crisis, it seems appropriate to unlock this possibility and thus allow member associations of the same federation to help each other and give meaning to their solidarity network. Also, it wishes to know to what extent it is possible to broaden the provisions provided for in 3 bis of Article L. 511-6 of the Monetary Code and financial support to member associations of the same federation.

Machine translation from French. The official text remains authoritative.

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