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Statutes of the OpenFisca Association

Preamble

OpenFisca is a digital commons enabling anyone to transform law and rules into computer code.

Created in 2011 with support from the French government1, OpenFisca has been adopted by a growing number of public and research actors, and subsequently by the private sector. OpenFisca has been progressively deployed in a growing number of regions around the world, and now covers every continent. It is the collaboration of a diverse ecosystem on a single technical object that has enabled this tool to make the innovations promised by the “Rules as Code” approach a reality.

This approach, encouraged by the OECD2, brings transparency to public action. It pools knowledge of rules and the law, which supports social justice by making it easier to assess the impact of legal rules at both individual and population level. This approach strengthens democratic debate by supporting the development of legislation and reform proposals. It supports citizens in better understanding and engaging in the rules of their country. It enables proactive public policies that strengthen the rule of law and prevent discrimination, in particular by supporting the emergence of digital tools that make law accessible and understandable.

The models of rules made possible by OpenFisca are the world’s largest known public implementation of “Rules as Code”, and thus constitute a legal, scientific and technical knowledge base for humanity. This ability to support the achievement of the United Nations’ Global Sustainable Development Goals has been recognized in 2023 by the United Nations Development Program through the Digital Public Goods Alliance3.

Article 1: Title

A non-profit collegiate association governed by the French law of the first of July 1901 is founded between the signatories to the present statutes, with name: OpenFisca Association

Article 2: Purpose

The purpose of this association is to guarantee worldwide, free and permanent access to and contribution to the OpenFisca software suite, its collaborative processes and its national and local models, hereinafter collectively referred to as “OpenFisca”.

It facilitates, defends and promotes the shared assets and open governance that give OpenFisca its status as a digital commons.

It designs and implements mechanisms for sharing the wealth created by OpenFisca to sustainably fund the work required to fulfill its purpose.

Article 3: Framework of action

The association acts in accordance with the values enshrined in Article 2 of the Treaty on European Union: human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. Its internal organization is characterized by pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men.

The association’s actions to achieve its purpose are carried out according to the following priorities:

  1. Ensuring continuity of use of OpenFisca.
  2. Guarantee the application of OpenFisca’s terms of use.
  3. Ensure adherence to community rules.
  4. Facilitate collaborative decision-making on the evolution of all OpenFisca components.
  5. Facilitate discussion between all stakeholders.
  6. Promote OpenFisca and its community.
  7. Promote the concepts and methods that enable OpenFisca to exist, develop and serve the general interest, in particular digital commons and Rules as Code.
  8. Increase the number of jurisdictions with an OpenFisca model.
  9. Increase the number and types of uses of OpenFisca.

Article 4: Registered office

The registered office is located in Paris (75). It may be transferred by simple decision of the Board. If necessary, the transfer will be ratified by the next General Meeting by simple majority vote.

Article 5: Duration

The duration of the association is unlimited.

Article 6: Members

Any individual or legal entity that has paid its membership fee and is not subject to exclusion proceedings is considered a member of the association. No condition of nationality is applied.

The amount and procedures for membership fees are defined in the Rules of Procedure, balancing the needs of the association with the means of the potential members.

Each member has one vote at the General Meeting.

Article 7: Colleges

To balance the interests of the community over time, regardless of the number of parties involved, all members are assigned to different colleges. A proportion of votes is allocated to each college for voting at the General Meeting.

Each member belongs to one college only. The conditions of admission to the different colleges are specified in the Rules of Procedure.

A. College of supporters

Supporters may be legal entities or individuals. They support the purpose of the association without necessarily using OpenFisca directly.

This college holds 10% of the votes.

This college holds 15% of the votes.

This college holds 15% of the votes.

D. College of individuals who have contributed recently

This group consists of individuals who have contributed to OpenFisca during the current or previous membership period. Eligible forms of contribution and their assessment procedures are defined in the Rules of Procedure.

This college holds 20% of the votes.

E. Senior contributors

This college consists of people who have made repeated contributions over a long period of time, and who have achieved remarkable results in fulfilling the association’s purpose.

Accession to this college is by vote at the AGO. Any member of the association who was already a member at the previous AGO may nominate any other member who was already a member of the association at the previous AGO. Accession is validated by 70% of the votes cast. This accession is acquired for 5 years.

This college holds 40% of the votes.

Article 8: Exclusion

Membership is lost by:

  1. resignation;
  2. death in the case of natural persons, or liquidation in the case of legal entities;
  3. non-payment of fees;
  4. exclusion for any action contrary to the rules governing the use or contribution to OpenFisca;
  5. exclusion for prejudice to the association’s purpose or operation.

The procedures for establishing and applying exclusion are defined in the Rules of Procedure. They include summoning the person targeted to allow them to provide an explanation before the exclusion is pronounced, and informing all members.

Loss of membership does not give any right to reimbursement of fees.

Article 9: Resources

The association’s resources consist of:

  1. ​​membership fees;
  2. donations;
  3. voluntary work;
  4. public subsidies;
  5. revenue from exceptional events;
  6. crowdfunding;
  7. income from financial deposits;
  8. sale of products and services.

Article 10: Board of Directors

The association is managed by a 5-member collegiate Board of Directors. Each member comes from a different college. All members of the association are eligible to the Board of Directors.

The Board of Directors is the sole body authorised to legally bind the Association and to act on its behalf. However, it may delegate powers or management responsibilities to committees made up of one or more members of the association. These committees are defined in a transparent manner according to a process specified in the Rules of Procedure and are visible to all members of the association. All commitments taken on behalf of the association are transparently indicated to all members of the association.

The members of the Board of Directors are in continuous communication using asynchronous tools. They meet synchronously, either face-to-face or remotely, at least once every six months. Written minutes of their synchronous meetings are kept for all members of the association to consult.

Decisions are taken by consensus. If no consensus is reached after two weeks, decisions may be taken by absolute majority voting. All decisions are made visible to all members. All votes are made public.

Each member of the Board is entitled to use the title “President”, “Treasury” or “Secretary” when this is necessary, for example in administrative or contractual documents that do not allow for the choice of terms defined in the Articles of Association.

The members of the Board may be compensated for their executive duties. This remuneration is reset to 0 at each AGM, where a different amount may be voted, within the legal limits4.

Article 11: Election of the collegiate Board of Directors

Each college elects its representative through majority judgment. In the event of a tie, the Board members elected from the other colleges participate in the vote. In the event of a persistent tie, and if no candidate withdraws, the selection is made at random during the AG.

Legal entities specify at the time of their application the natural person who will represent them. The legal entity may revoke the mandate of the individual representing it at any time by informing the Board of its decision. This decision is equivalent to a resignation with immediate effect.

If there are no candidates in the college, the members of the college of senior contributors may apply in the college left vacant.

If there are no voters in a college, the electoral body for the college is the General meeting.

Members are elected for 2 years by the General Meeting.

Members may be re-elected.

Article 12: End of mandate of the collegiate Board of Directors

In the event of the resignation during the term of office of a member of the Board of Directors, the remaining members of the Board are responsible for organising within 30 days an election within the college left vacant to elect a replacement member, in accordance with the rules set out in Article 11.

The term of office of the members elected as replacements is the same as the term of office of the resigning member.

The revocation of the mandate of any member of the Board may be proposed, with supporting reasons, on the agenda of any General Meeting. If this decision is adopted, it is equivalent to a resignation with immediate effect. A person whose mandate has been revoked is ineligible for election to the Board until the next AGM.

Adding the revocation of a mandate to the AGM agenda opens up the possibility of adding the opening of proceedings against the revoked member to the agenda of any AG for 24 months. Such a decision is adopted with 70% of the votes.

Article 13: General Meeting (“AG”)

Any member of the association may request the insertion of any item, with or without an associated vote, in the agenda of the next General Meeting up to two days before it is convened.

At least 15 days before the set date, all members of the association are convened by the Board of Directors. The agenda is indicated on the convening notices.

The General Meeting comprises all members of the association present or represented, or voting remotely by any means specified in the convening notice.

A member may represent up to two other members.

Given the international nature of the association’s purpose, remote participation and asynchronous voting are always allowed, in a working language shared by the majority of members and defined in the Rules of Procedure. All documents must be written in, or accompanied by a translation into, this language.

Only items on the agenda may lead to a decision.

A member of the Board chairs the Meeting and reports on the association’s situation and management.

A moral report and a financial report are presented by the Board of Directors for approval by the General Meeting.

Decisions are taken by simple majority vote of all members, in proportion to the weight of the colleges.

Quorum is 20% of members.

Minutes are signed by the Board and made publicly available on the association’s website within 30 days of the General Meeting.

Article 14: Ordinary General Meeting (“AGO”)

The Ordinary General Meeting meets once a year.

Procedures for convening and holding the AGO are set out in the Rules of Procedure.

Article 15: Extraordinary General Meeting (“AGX”)

An Extraordinary General Meeting may be convened by the Board at any time.

If a group of members representing at least 25% of the votes requests the organization of an AGX, the Board will send out invitations within 15 days.

Article 16: General Meeting to amend the statutes (“AGM”)

Any amendment to the association’s statutes is debated at an AGX convened for this purpose, hereinafter referred to as the “General Meeting to amend the statutes (AGM)”.

The procedure for convening an AGM is the same as for any AGM, but the minimum notice period is 30 calendar days before the date set for the AGM. The notice of convening includes all proposed changes to the statutes.

The quorum for the AGM is 51% of the association’s members, regardless of their college.

Amendments to the statutes are adopted if at least 70% of the votes cast at the AGM are in favor.

Changes to the purpose of the association are adopted if at least 80% of the votes cast at the AGM are in favor.

The Board registers the new statutes within 3 months of the AGM.

Article 17: Dissolution

The dissolution of the association may be put on the agenda of an AG.

If dissolution is voted for by 80%, an AGX will be organized by the Board of Directors, with a date within 3 to 5 months of the initial dissolution vote.

Dissolution will be the first item on the agenda, and the voting constituency for this item will be restricted to members who have been members for more than 6 months.

If dissolution is again voted for by 80% at this AGX, one or more liquidators are appointed by the AG, and the assets will be distributed according to the priorities defined in article 3. Any surplus will go to non-profit initiatives supporting the digital commons, apart from the Rules as Code subjects. The Board publishes the dissolution within 15 days.

If the dissolution is rejected, no other dissolution proposal may be submitted before the anniversary date of the first dissolution proposal.

  1. https://doi.org/10.3917/rfsp.695.0845 ↩︎

  2. https://oecd-opsi.org/publications/cracking-the-code/ ↩︎

  3. https://app.digitalpublicgoods.net/a/10318 ↩︎

  4. https://www.service-public.fr/particuliers/vosdroits/F1927 ↩︎