273A.005 Definitions for chapter.
529 words·~2 min read·
/ky/chapter-273a/273a-005A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.