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What legal structures to carry digital commons? #Introduction

#3 Practical info: Model bylaws adapted to the structuring of a digital commons

Published on 28 October 2024

Summary

Article 1 - Name

Article 2 - Purpose

Specify the Project, detail its resources, etc.

Specify the activities that the association could carry out, being as exhaustive as possible.

Article 3 - Registered office

Article 4 - Duration

Article 5 - Membership

The creation of a special category (Honorary Members) makes it possible to recognize members' contributions in kind.

Article 6 - Contributions

Article 7 - Deregistration

Specify the procedures for cancellation, and the member's options for defence and appeal.

Serious reasons can be specified here or in the internal regulations.

Article 8 - Resources

If this has not been done in article 2, specify here that the association will carry out economic activities, and if so, which ones. Article L.442-7 of the French Commercial Code stipulates that "no association [...] may, on a regular basis, offer products for sale, sell them or provide services if these activities are not provided for in its articles of association".

The association's resources are distinct from the Resource, whose maintenance and development is the association's purpose.

Article 9 - Ordinary General Meeting

Compliance with the democratic principle whereby each member has one vote within the association is not legally required. It is therefore important to incorporate it into the articles of association, to ensure that the association's operations are in line with the principles and values of the digital commons.

Extraordinary General Meeting

Article 11 - Office

It is advisable not to multiply roles and prerogatives, and to opt instead for a board made up of several co-presidents, all with the same prerogatives, notably legal representation of the association.

Article 12 - Compensation

Article 13 - Internal regulations

Article 14 - Dissolution

Article 15 - Liberalities

What legal structures to carry digital commons? #Introduction

#3 Practical info: Model bylaws adapted to the structuring of a digital commons

Article 1 - Name

Article 2 - Purpose

Specify the Project, detail its resources, etc.

Specify the activities that the association could carry out, being as exhaustive as possible.

Article 3 - Registered office

Article 4 - Duration

Article 5 - Membership

The creation of a special category (Honorary Members) makes it possible to recognize members' contributions in kind.

Article 6 - Contributions

Article 7 - Deregistration

Specify the procedures for cancellation, and the member's options for defence and appeal.

Serious reasons can be specified here or in the internal regulations.

Article 8 - Resources

If this has not been done in article 2, specify here that the association will carry out economic activities, and if so, which ones. Article L.442-7 of the French Commercial Code stipulates that "no association [...] may, on a regular basis, offer products for sale, sell them or provide services if these activities are not provided for in its articles of association".

The association's resources are distinct from the Resource, whose maintenance and development is the association's purpose.

Article 9 - Ordinary General Meeting

Compliance with the democratic principle whereby each member has one vote within the association is not legally required. It is therefore important to incorporate it into the articles of association, to ensure that the association's operations are in line with the principles and values of the digital commons.

Extraordinary General Meeting

Article 11 - Office

It is advisable not to multiply roles and prerogatives, and to opt instead for a board made up of several co-presidents, all with the same prerogatives, notably legal representation of the association.

Article 12 - Compensation

Article 13 - Internal regulations

Article 14 - Dissolution

Article 15 - Liberalities