Arkansas Code Title 4, Subtitle 3, Chapter 28, Subchapter 6 - Revised Uniform Unincorporated Nonprofit Association Act

• § 4-28-601 - Short Title.
  This subchapter may be cited as the Revised Uniform Unincorporated Nonprofit Association Act.
• § 4-28-602 - Definitions.
  In this subchapter: (1) "Established practices" means the practices used by an unincorporated nonprofit association without material change during the most recent five years...
• § 4-28-603 - Relation to Other Law.
  (a) Principles of law and equity supplement this subchapter unless displaced by a particular provision of it.(b) A statute governing a specific type of...
• § 4-28-604 - Governing Law.
  (a) Except as otherwise provided in subsection (b), the law of this state governs the operation in this state of all unincorporated nonprofit associations...
• § 4-28-605 - Legal Entity; Perpetual Existence; Powers.
  (a) An unincorporated nonprofit association is a legal entity distinct from its members and managers.(b) An unincorporated nonprofit association has perpetual duration unless the...
• § 4-28-606 - Ownership and Transfer of Property.
  (a) An unincorporated nonprofit association may acquire, hold, encumber, or transfer in its name an interest in real or personal property.(b) An unincorporated nonprofit...
• § 4-28-607 - Statement of Authority As to Real Property.
  (a) In this section, "statement of authority" means a statement authorizing a person to transfer an interest in real property held in the name...
• § 4-28-608 - Liability.
  (a) A debt, obligation, or other liability of an unincorporated nonprofit association, whether arising in contract, tort, or otherwise: (1) is solely the debt,...
• § 4-28-609 - Assertion and Defense of Claims.
  (a) An unincorporated nonprofit association may sue or be sued in its own name.(b) A member or manager may assert a claim the member...
• § 4-28-610 - Effect of Judgment or Order.
  A judgment or order against an unincorporated nonprofit association is not by itself a judgment or order against a member or manager.
• § 4-28-611 - Appointment of Agent to Receive Service of Process.
  (a) An unincorporated nonprofit association may file in the office of the Secretary of State a statement appointing an agent authorized to receive service...
• § 4-28-612 - Service of Process.
  In an action or proceeding against an unincorporated nonprofit association, process may be served on an agent authorized by appointment to receive service of...
• § 4-28-613 - Action or Proceeding Not Abated by Change.
  An action or proceeding against an unincorporated nonprofit association does not abate merely because of a change in its members or managers.
• § 4-28-614 - Venue.
  Unless otherwise provided by law other than this subchapter, venue of an action against an unincorporated nonprofit association brought in this state is determined...
• § 4-28-615 - Member Not Agent.
  A member is not an agent of the association solely by reason of being a member.
• § 4-28-616 - Approval by Members.
  (a) Except as otherwise provided in the governing principles, an unincorporated nonprofit association must have the approval of its members to: (1) admit, suspend,...
• § 4-28-617 - Meetings of Members; Voting, Notice, and Quorum Requirements.
  (a) Unless the governing principles provide otherwise: (1) approval of a matter by members requires an affirmative majority of the votes cast at a...
• § 4-28-618 - Duties of Member.
  (a) A member does not have a fiduciary duty to an unincorporated nonprofit association or to another member solely by being a member.(b) A...
• § 4-28-619 - Admission, Suspension, Dismissal, or Expulsion of Members.
  (a) A person becomes a member and may be suspended, dismissed, or expelled in accordance with the association's governing principles. If there are no...
• § 4-28-620 - Member's Resignation.
  (a) A member may resign as a member in accordance with the governing principles. In the absence of applicable governing principles, a member may...
• § 4-28-621 - Membership Interest Not Transferable.
  Except as otherwise provided in the governing principles, a member's interest or any right under the governing principles is not transferable.
• § 4-28-622 - Selection of Managers; Management Rights of Managers.
  Except as otherwise provided in this subchapter or the governing principles: (1) only the members may select a manager or managers; (2) a manager...
• § 4-28-623 - Duties of Managers.
  (a) A manager owes to the unincorporated nonprofit association and to its members the fiduciary duties of loyalty and care.(b) A manager shall manage...
• § 4-28-624 - Notice and Quorum Requirements for Meetings of Managers.
  Notice and quorum requirements for meetings of managers and the conduct of meetings of managers are determined by the governing principles.
• § 4-28-625 - Right of Member or Manager to Information.
  (a) On reasonable notice, a member or manager of an unincorporated nonprofit association may inspect and copy during the unincorporated nonprofit association's regular operating...
• § 4-28-626 - Distributions Prohibited; Compensation and Other Permitted Payments.
  (a) Except as otherwise provided in subsection (b), an unincorporated nonprofit association may not pay dividends or make distributions to a member or manager.(b)...
• § 4-28-627 - Reimbursement; Indemnification; Advancement of Expenses.
  (a) Except as otherwise provided in the governing principles, an unincorporated nonprofit association shall reimburse a member or manager for authorized expenses reasonably incurred...
• § 4-28-628 - Dissolution.
  (a) An unincorporated nonprofit association may be dissolved as follows: (1) if the governing principles provide a time or method for dissolution, at that...
• § 4-28-629 - Winding Up and Termination.
  Winding up and termination of an unincorporated nonprofit association must proceed in accordance with the following rules: (1) All known debts and liabilities must...
• § 4-28-630 - Mergers.
  (a) In this section: (1) "Constituent organization" means an organization that is merged with one or more other organizations including the surviving organization. (2)...
• § 4-28-631 - Transition Concerning Real and Personal Property.
  (a) If, before January 1, 2012, an interest in property was by terms of a transfer purportedly transferred to an unincorporated nonprofit association but...
• § 4-28-632 - Uniformity of Application and Construction.
  In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its...
• § 4-28-633 - Relation to Electronic Signatures in Global and National Commerce Act.
  This subchapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001, et seq., but does...
• § 4-28-634 - Savings Clause.
  This subchapter does not affect an action or proceeding commenced or right accrued before this subchapter takes effect.
• § 4-28-635 - [Reserved.]
• § 4-28-636 - Effective Date.
  This subchapter takes effect January 1, 2012.

Last modified: November 15, 2016