TITLE 30

CORPORATIONS

CHAPTER 27

UNINCORPORATED NONPROFIT ASSOCIATIONS

PART 1

GENERAL PROVISIONS

30-27-102.  definitions. (a) In this chapter:

(1)  "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.

(2)  "Governing principles" means the agreements, whether oral, in a record, or implied from its established practices, or in any combination thereof, that govern the purpose or operation of an unincorporated nonprofit association and the rights and obligations of its members and managers. The term includes any amendment or restatement of the agreements constituting the governing principles.

(3)  "Manager" means a person that is responsible, alone or in concert with others, for the management of an unincorporated nonprofit association.

(4)  "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.

(5)  "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 unincorporated associations;

(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.

(b)  The following definitions outside this chapter apply to this chapter:

(1)  "Person" – section 30-21-102(35), Idaho Code.

(2)  "Property" – section 30-21-102(41), Idaho Code.

(3)  "Record" – section 30-21-102(44), Idaho Code.

(4)  "Sign" – section 30-21-102(47), Idaho Code.

(5)  "State" – section 30-21-102(48), Idaho Code.

(6)  "Transfer" – section 30-21-102(50), Idaho Code.

History:

[30-27-102, added 2015, ch. 243, sec. 53, p. 897.]