The projects will probably be also more targeted

On the scale of major legal failures, the magnitude is 7... This is a life-saving earthquake, the equivalent of the collapse of the Berlin wall! "Director, Fidal, associations and social economy Department Christmas Raimon seeks in vain the image that best translate its satisfaction and surprise. For a long time, he wanted a reform of the legal framework of generosity in France. But, it is almost flabbergasted by the deposited gift this summer by the authors of the LME text, initial law for modernization of the economy.

Now, everyone can create his foundation without prior authorization. Best, it can receive and manage funds provided by donors. It can also spend so procurés revenues, or even to use the capital to finance projects in scope of general interest, both in humanitarian and in the cultural. Simpler to create associations, these new foundations are called Endowment Fund.

Certainly, it is hardly that of a return to sources because, originally, the word "Foundation" is nothing other than the contraction of Endowment Fund. But, still, imagine the completed path. So far, all voluntary for the creation of a foundation must file a record of registration with the Ministry of the Interior and especially before the Council of State. The procedure was so stoppered at best it is in created 15 per year. While in the developed world, the number of these organizations explodes! And then that's that, without transition, nightmarish blocking gives way to a fluidity of dream.

This good news concerning all individuals, and not only the wealthy. "In fact, summarizes Christmas Raimon, these funds are open to people whose wealth lies mainly in the quality of their project. In practical terms, all people of good will, who would leave something useful to the community, will be able to complete their project. A single person, physical or moral, is sufficient to create an Endowment Fund.

Behaviors are all likely to be modified. Will a donor help a Thai fisherman in rebuilding his boat The establishment of an Endowment Fund will enable him to achieve his wish. At the same time, the person will be allowed to become personally involved in the project. What differs greatly from the foundations, because as they currently function, they impose a delegation of authority.

The projects will probably be also more targeted. For example, a fund will be established to finance the installation of a well in Burkina-Faso. Once brought together the amount necessary, volunteers move on to another step. What will not change on the other hand, it is the tax deductibility for the income tax: it will remain, 66 of his gift. But in the future, in the practice of generosity, he is not sure that the tax saving is the main motivation.

Financial transparency

"The Act will broaden the scope of the possible," predicted Christmas Raimon. People will be able to feel full citizens of the world. In any case, the simplification brought by the text goes in the direction of the evolution of techniques. The Internet has enabled to connect individuals, regardless of their location on the planet. This new geography break boundaries and codes of social hierarchy. It is in phase with the portals that directly involve NGOs in relation to their donors ("Les Echos heritage" of June).

Another change at this time associations: until now, when they received donations, they had to ensure the absence of opposition by the prefect. There, it will suffice that the money through an Endowment Fund and the free use of the money will be immediate and without ceiling.

But is it sure that the funds are actually used for purposes of general interest In the matter, the text of Act provides that the administrative authority otherwise said the prefect of the Department, said Christmas Raimon , "is in charge of the regularity of the operation of the Endowment Fund." In practical terms, this last him speak each year an activity report, annual accounts and the report of the external auditor. In the event of serious problems affecting the realization of the purpose of the Endowment Fund, the Act specifies that "the administrative authority may, after non-followed by remains of effect, decide to suspend the activity of the Fund for a period of six months".

With regard to financial transparency and control, the Endowment Fund will prepare each year accounts with a balance sheet and an income statement. They will have to be published in the six months of the end of the year.

A holder accounts Commissioner and a deputy shall be designated when the amount of its resources exceeds 10,000 euros at year end, which implies a staffing of at least 250,000 euros. But most of the funds create with lower allocations.

"Finally, says Christmas Raimon, the tax component is not left since the donations which benefit the Endowment Fund are exempt from transfer free of charge. In these circumstances, will but, what prerogative remain in traditional recognized public utility foundations The legislature did not want to forget. He left them the monopoly of the donations to alleviate the invoice of the individuals subject to the ISF.