Kentucky Statutes 273A.035 – Power to sue or be sued
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(1) An unincorporated nonprofit association may sue or be sued in its own name.
(2) A member or manager may assert a claim the member or manager has against the unincorporated nonprofit association. An association may assert a claim it has against a member or manager.
(3) If the unincorporated nonprofit association has filed a statement of association and the claim accrued on or after the effective date thereof, a member or manager in an association is not a proper party to a proceeding to enforce that claim solely by reason of being a member or manager.
Effective: June 24, 2015
History: Created 2015 Ky. Acts ch. 34, sec. 18, effective June 24, 2015.
(2) A member or manager may assert a claim the member or manager has against the unincorporated nonprofit association. An association may assert a claim it has against a member or manager.
Terms Used In Kentucky Statutes 273A.035
- 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
- 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
(3) If the unincorporated nonprofit association has filed a statement of association and the claim accrued on or after the effective date thereof, a member or manager in an association is not a proper party to a proceeding to enforce that claim solely by reason of being a member or manager.
Effective: June 24, 2015
History: Created 2015 Ky. Acts ch. 34, sec. 18, effective June 24, 2015.