(1) A member shall not have a fiduciary duty to an unincorporated nonprofit association or to another member solely by being a member.
(2) A member shall discharge any duties to the unincorporated nonprofit association and the other members and exercise any rights under this chapter consistent with the governing principles and the obligation of good faith and fair dealing.

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Terms Used In Kentucky Statutes 273A.075

  • Fiduciary: A trustee, executor, or administrator.
  • Governing principles: means the agreements, whether oral, in a record, or implied from its established practices, that govern the purpose or operation of an unincorporated nonprofit association and the rights and obligations of its members and manager. 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.
  • 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

Effective: June 24, 2015
History: Created 2015 Ky. Acts ch. 34, sec. 26, effective June 24, 2015.