[CCWG-ACCT] Concept of some form of "independent" member

Nigel Roberts nigel at channelisles.net
Fri Jul 17 11:56:39 UTC 2015

> From: Dr Eberhard W Lisse <el at lisse.NA>
> Would have been too much work obviously to write "yes".
> el

Would have been an incorrect answer, even in California.

 From my research, it appears that a California UA

- does NOT have legal personality
- DOES have limited liability granted by statute.

which states :-

> The biggest drawback to the unincorporated nonprofit association, and the reason nonprofits often abandon this form in favor of a nonprofit corporation, is that it has no separate legal existence apart from its members. Because it is not respected as a separate legal entity, its members generally can be personally liable for its debts and liabilities. Some states, such as California, give some limited liability to nonprofit association members; but it’s not as good as the protection obtainable from a nonprofit corporation. Moreover, unless your state law contains an “enabling statute” granting such rights entities, an unincorporated association cannot hold or receive property, or sign contracts, in its own name.

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