Kentucky Statutes 273A.030 – Liability for association debts and obligations
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(1) If the association has filed a certificate of association with the Secretary of State, a debt, obligation, or other liability of an unincorporated nonprofit association, whether arising in contract, tort, or otherwise accruing or arising after the filing of the certificate is:
(a) Solely the debt, obligation, or other liability of the association; and
(b) Not a debt, obligation, or other liability of a member or manager solely because the member acts as a member or the manager acts as a manager.
(2) Subsection (1) of this section shall not affect the liability of a member or manager of an association for his or her own negligence, wrongful acts, or misconduct.
Effective: June 24, 2015
History: Created 2015 Ky. Acts ch. 34, sec. 17, effective June 24, 2015.
(a) Solely the debt, obligation, or other liability of the association; and
Terms Used In Kentucky Statutes 273A.030
- Contract: A legal written agreement that becomes binding when signed.
- Manager: means a person that is responsible, whether alone or in concert with others, for the management of an unincorporated nonprofit association. See Kentucky Statutes 273A.005
- Member: means a person that, under the governing principles, may participate in the selection of persons authorized to manage the affairs of the unincorporated nonprofit association or in the development of the policies and activities of the association. See Kentucky Statutes 273A.005
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Kentucky Statutes 273A.005
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
- Unincorporated nonprofit association: means an unincorporated organization consisting of two (2) or more members joined under an agreement that is oral, in a record, or implied from conduct, for one (1) or more common, nonprofit purposes. See Kentucky Statutes 273A.005
(b) Not a debt, obligation, or other liability of a member or manager solely because the member acts as a member or the manager acts as a manager.
(2) Subsection (1) of this section shall not affect the liability of a member or manager of an association for his or her own negligence, wrongful acts, or misconduct.
Effective: June 24, 2015
History: Created 2015 Ky. Acts ch. 34, sec. 17, effective June 24, 2015.