BlackletterCalifornia law

PART 1. GENERAL PROVISIONS [18000. - 18420.]

Part 1 added by Stats. 2004, Ch. 178, Sec. 10.

§§ 18000–18420 · 44 sections

  1. CHAPTER 1. Definitions §§ 18000–18035 · 10 sections
    • § 18000 Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this title.
    • § 18003 “Board” means the board of directors or other governing body of an unincorporated association.
    • § 18005 “Director” means a natural person serving as a member of the board or other governing body of the unincorporated association.
    • § 18008 “Governing document” means a constitution, articles of association, bylaws, or other writing that governs the purpose or operation of an unincorporated…
    • § 18010 “Governing principles” means the principles stated in an unincorporated association’s governing documents. If an association has no governing documents or the…
    • § 18015 (a) If the governing principles of an unincorporated association define the membership of the association, “member” has the meaning provided by the governing…
    • § 18020 (a) “Nonprofit association” means an unincorporated association with a primary common purpose other than to operate a business for profit. (b) A nonprofit…
    • § 18025 “Officer” means a natural person serving as an unincorporated association’s chair, president, secretary, chief financial officer, or other position of…
    • § 18030 “Person” includes a natural person, corporation, partnership, or other unincorporated organization, government, or governmental subdivision or agency, or any…
    • § 18035 (a) “Unincorporated association” means an unincorporated group of two or more persons joined by mutual consent for a common lawful purpose, whether organized…
  2. CHAPTER 2. Application of Title §§ 18055–18070 · 4 sections
    • § 18055 This title does not apply to any of the following persons: (a) A corporation. (b) A government or governmental subdivision or agency. (c) A partnership or…
    • § 18060 If a statute specific to a particular type of unincorporated association is inconsistent with a general provision of this title, the specific statute prevails…
    • § 18065 Except to the extent this title provides a specific rule, the general law of agency, including Article 2 (commencing with Section 2019) of Chapter 2 of Title 6…
    • § 18070 A provision of this title, insofar as it is substantially the same as a previously existing provision relating to the same subject matter, shall be considered…
  3. CHAPTER 3. Property §§ 18100–18135 · 9 sections
    • § 18100 The interest of a member in an unincorporated association is personal property.
    • § 18105 An unincorporated association may, in its name, acquire, hold, manage, encumber, or transfer an interest in real or personal property.
    • § 18110 Property acquired by or for an unincorporated association is property of the unincorporated association and not of the members individually.
    • § 18115 The acquisition, transfer, or encumbrance of an interest in real property by an unincorporated association shall be executed by its president and secretary or…
    • § 18120 (a) An unincorporated association may record in a county in which it has an interest in real property a verified and acknowledged statement of authority…
    • § 18122 An unincorporated association holding property for charitable purposes shall comply with the Supervision of Trustees and Fundraisers for Charitable Purposes…
    • § 18125 No limitation on the power of an unincorporated association to acquire, hold, manage, pledge, encumber, or transfer an interest in real or personal property,…
    • § 18130 After all of the known debts and liabilities of an unincorporated association in the process of winding up its affairs have been paid or adequately provided…
    • § 18135 (a) Notwithstanding Section 18260, a cause of action against an unincorporated association may be enforced against a person who received assets distributed…
  4. CHAPTER 4. Designation of Agent for Service of Process §§ 18200–18220 · 5 sections
    • § 18200 (a) An unincorporated association may file with the Secretary of State, on a form prescribed by the Secretary of State, a statement containing either of the…
    • § 18205 (a) The Secretary of State shall mark each statement filed under Section 18200 with a consecutive file number and the date of filing. In lieu of retaining the…
    • § 18210 (a) An agent designated by an unincorporated association for the service of process may deliver to the Secretary of State, on a form prescribed by the…
    • § 18215 Between the first day of October and the first day of December immediately preceding the expiration date of a statement filed under Section 18200, the…
    • § 18220 If designation of an agent for the purpose of service of process has not been made as provided in Section 18200, or if the agent designated cannot with…
  5. CHAPTER 5. Liability and Enforcement of Judgments §§ 18250–18270 · 3 sections
    • § 18250 Except as otherwise provided by law, an unincorporated association is liable for its act or omission and for the act or omission of its director, officer,…
    • § 18260 A money judgment against an unincorporated association, whether organized for profit or not, may be enforced only against the property of the association.
    • § 18270 (a) A judgment creditor of a member, director, officer, or agent of an unincorporated association may not levy execution against the assets of the member,…
  6. CHAPTER 6. Governance §§ 18300–18420 · 13 sections
    1. ARTICLE 1. [Reserved] § 18300 · 1 section
      • § 18300 It is the intent of the Legislature to enact legislation relating to the governance of unincorporated associations.
    2. ARTICLE 2. Termination or Suspension of Membership §§ 18310–18320 · 2 sections
      • § 18310 (a) Unless otherwise provided by an unincorporated association’s governing principles, membership in the unincorporated association is terminated by any of the…
      • § 18320 (a) This section only applies if membership in an unincorporated association includes a property right or if expulsion or suspension of a member would affect…
    3. ARTICLE 3. Member Voting § 18330 · 1 section
      • § 18330 Except as otherwise provided by statute or by an unincorporated association’s governing principles, the following rules govern a member vote conducted pursuant…
    4. ARTICLE 4. Amendment of Governing Documents § 18340 · 1 section
      • § 18340 If an unincorporated association’s governing principles do not provide a procedure to amend the association’s governing documents, the governing documents may…
    5. ARTICLE 5. Merger §§ 18350–18400 · 6 sections
      • § 18350 The following definitions govern the construction of this article: (a) “Constituent entity” means an entity that is merged with one or more other entities and…
      • § 18360 An unincorporated association may merge with a domestic or foreign corporation, domestic or foreign limited partnership, domestic or foreign general…
      • § 18370 A merger involving an unincorporated association is subject to the following requirements: (a) Each party to the merger shall approve an agreement of merger.…
      • § 18380 (a) A merger pursuant to this article has the following effect: (1) The separate existence of the disappearing entity ceases. (2) The surviving entity…
      • § 18390 If, as a consequence of merger, a surviving entity succeeds to ownership of real property located in this state, the surviving entity’s record ownership of…
      • § 18400 A bequest, devise, gift, grant, or promise contained in a will or other instrument of donation, subscription, or conveyance that is made to a disappearing…
    6. ARTICLE 6. Dissolution §§ 18410–18420 · 2 sections
      • § 18410 An unincorporated association may be dissolved by any of the following methods: (a) If the association’s governing documents provide a method for dissolution,…
      • § 18420 Promptly after commencement of dissolution of an unincorporated association, the board or, if none, the members shall promptly wind up the affairs of the…