§ 9112. Definitions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Established practices." The practices used by a nonprofit association without material change during:

(1)the most recent five years of its existence; or

(2)if it has existed for less than five years, its entire existence.

"Governing principles." The agreements, whether oral, in record form or implied from its established practices, that govern the purpose or operation of a 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.

"Manager." A person that is responsible, alone or in concert with others, for the management of a nonprofit association.

"Member." A person that, under the governing principles, may participate in the selection of persons authorized to manage the affairs of the nonprofit association or in the development of policies and activities of the nonprofit association.

"Nonprofit association." An unincorporated organization consisting of two or more members joined together under an agreement that is oral, in record form or implied from conduct for one or more common, nonprofit purposes. The term does not include:

(1)a trust;

(2)a marriage, domestic partnership, common law domestic relationship, civil union or other domestic living arrangement;

(3)an organization formed under any other statute that governs the organization and operation of unincorporated associations;

(4)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

(5)a relationship under an agreement in record form that expressly provides that the relationship between the parties does not create a nonprofit association.

"Property." Includes:

(1)real property;

(2)personal property which is tangible or intangible;

(3)mixed real and personal property; and

(4)a right or interest in property.

"Transfer." (Deleted by amendment).

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(July 9, 2013, P.L.476, No.67, eff. 60 days; Oct. 22, 2014, P.L.2640, No.172, eff. July 1, 2015)

2014 Amendment. Act 172 deleted the def. of "transfer."

2013 Amendment. Act 67 added section 9112.

Cross References. Section 9112 is referred to in section 102 of this title.

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