Kentucky Statutes 273A.005 – Definitions for chapter
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As used in this chapter:
(1) “Appropriate court” means the Circuit Court of the county of the Commonwealth in which the unincorporated nonprofit association‘s principal office is located or, if none, the county in which the registered office is or was last maintained;
(2) “Established practices” means the practices used by an unincorporated nonprofit association without material change during the most recent five (5) years of its existence or, if it has existed for less than five (5) years, during its entire existence;
(3) “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. The term includes any amendment or restatement of the agreements constituting the governing principles;
(4) “Manager” means a person that is responsible, whether alone or in concert with others, for the management of an unincorporated nonprofit association;
(5) “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;
(6) “Nonprofit purpose” means any one (1) or more of the following purposes: charitable, benevolent, eleemosynary, educational, civic, patriotic, political, governmental, religious, social, recreational, fraternal, literary, cultural, athletic, scientific, agricultural, horticultural, animal husbandry, and professional, commercial, industrial, or trade association, but shall not include labor unions, cooperative organizations, and organizations subject to any of the provisions of the insurance laws or banking laws of this state which may not be organized under this chapter;
(7) “Person” means an individual, corporation, business or statutory trust, estate, donative trust, partnership, limited partnership, limited liability company, cooperative, association, limited cooperative association, joint venture, public corporation, government or governmental subdivision, agency, instrumentality, or any other legal or commercial entity;
(8) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;
(9) “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;
(10) “Statement of authority” means a statement authorizing a person to transfer an interest in real property held in the name of an unincorporated nonprofit association; and
(11) “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.
The term does not include: (a) A trust;
(b) A marriage, domestic partnership, common law domestic relationship, civil union, or other domestic living arrangement;
(c) An organization formed under any other statute that governs the organization and operation of any person;
(d) A joint tenancy, tenancy in common, or tenancy by the entireties even if the co-owners share use of the property for a nonprofit purpose; or
(e) A relationship under an agreement in a record that expressly provides that the relationship between the parties does not create an unincorporated nonprofit association.
Effective: June 24, 2015
History: Created 2015 Ky. Acts ch. 34, sec. 12, effective June 24, 2015.
(1) “Appropriate court” means the Circuit Court of the county of the Commonwealth in which the unincorporated nonprofit association‘s principal office is located or, if none, the county in which the registered office is or was last maintained;
Terms Used In Kentucky Statutes 273A.005
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Animal: includes every warm-blooded living creature except a human being. See Kentucky Statutes 446.010
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Company: may extend and be applied to any corporation, company, person, partnership, joint stock company, or association. See Kentucky Statutes 446.010
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Corporation: may extend and be applied to any corporation, company, partnership, joint stock company, or association. See Kentucky Statutes 446.010
- Domestic: when applied to a corporation, partnership, business trust, or limited liability company, means all those incorporated or formed by authority of this state. See Kentucky Statutes 446.010
- Established practices: means the practices used by an unincorporated nonprofit association without material change during the most recent five (5) years of its existence or, if it has existed for less than five (5) years, during its entire existence. See Kentucky Statutes 273A.005
- 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
- Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Partnership: includes both general and limited partnerships. See Kentucky Statutes 446.010
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Kentucky Statutes 273A.005
- 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
- Statute: A law passed by a legislature.
- Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
- 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
(2) “Established practices” means the practices used by an unincorporated nonprofit association without material change during the most recent five (5) years of its existence or, if it has existed for less than five (5) years, during its entire existence;
(3) “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. The term includes any amendment or restatement of the agreements constituting the governing principles;
(4) “Manager” means a person that is responsible, whether alone or in concert with others, for the management of an unincorporated nonprofit association;
(5) “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;
(6) “Nonprofit purpose” means any one (1) or more of the following purposes: charitable, benevolent, eleemosynary, educational, civic, patriotic, political, governmental, religious, social, recreational, fraternal, literary, cultural, athletic, scientific, agricultural, horticultural, animal husbandry, and professional, commercial, industrial, or trade association, but shall not include labor unions, cooperative organizations, and organizations subject to any of the provisions of the insurance laws or banking laws of this state which may not be organized under this chapter;
(7) “Person” means an individual, corporation, business or statutory trust, estate, donative trust, partnership, limited partnership, limited liability company, cooperative, association, limited cooperative association, joint venture, public corporation, government or governmental subdivision, agency, instrumentality, or any other legal or commercial entity;
(8) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;
(9) “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;
(10) “Statement of authority” means a statement authorizing a person to transfer an interest in real property held in the name of an unincorporated nonprofit association; and
(11) “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.
The term does not include: (a) A trust;
(b) A marriage, domestic partnership, common law domestic relationship, civil union, or other domestic living arrangement;
(c) An organization formed under any other statute that governs the organization and operation of any person;
(d) A joint tenancy, tenancy in common, or tenancy by the entireties even if the co-owners share use of the property for a nonprofit purpose; or
(e) A relationship under an agreement in a record that expressly provides that the relationship between the parties does not create an unincorporated nonprofit association.
Effective: June 24, 2015
History: Created 2015 Ky. Acts ch. 34, sec. 12, effective June 24, 2015.