US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2022 West Virginia Code » Chapter 36. Estates and Property » Article 11. Uniform Unincorporated Nonprofit Association Act

§36-11-1. Definitions

In this article: (1) "Member" means a person who, under the rules or practices of a nonprofit association, may participate in the selection of persons authorized to manage the affairs of the nonprofit association or in the development of policy of the nonprofit association.

§36-11-10. Appointment of Agent to Receive Service of Process

(a) A nonprofit association shall file in the office of the Secretary of State a statement appointing an agent authorized to receive service of process. (b) A statement appointing an agent must set forth: (1) The name of the nonprofit association;

§36-11-12. Venue

For purposes of venue, a nonprofit association is a resident of a county in which it has an office or where it conducts its business or activities, or where any of its officers or managers reside.

§36-11-13. Summons and Complaint; Service on Whom

In an action or proceeding against a nonprofit association a summons and complaint must be served on an agent authorized by appointment to receive service of process, an officer, managing or general agent or a person authorized to participate in the management of its affairs. If none of them can be served, service may be […]

§36-11-16. Transition Concerning Real and Personal Property

(a) If, before the effective date of this article, an estate or interest in real or personal property was purportedly transferred to a nonprofit association, on the effective date of this article the estate or interest vests in the nonprofit association unless the parties have treated the transfer as ineffective. (b) If, before the effective […]

§36-11-17. Savings Clause

This article does not affect an action or proceeding commenced or right accrued before this article takes effect.

§36-11-3. Territorial Application

Real and personal property in this state may be acquired, held, encumbered and transferred by a nonprofit association, whether or not the nonprofit association or a member has any other relationship to this state.

§36-11-5. Statement of Authority as to Real Property

(a) A nonprofit association may execute and record a statement of authority to transfer an estate or interest in real property in the name of the nonprofit association. (b) An estate or interest in real property in the name of a nonprofit association may be transferred by a person so authorized in a statement of […]

§36-11-6. Liability in Tort and Contract

(a) A nonprofit association is a legal entity separate from its members for the purposes of determining and enforcing rights, duties and liabilities in contract and tort. (b) A person may not be liable for a breach of a nonprofit association's contract merely because the person is a member, is authorized to participate in the […]

§36-11-7. Capacity to Assert and Defend; Standing

(a) A nonprofit association, in its name, may institute, defend, intervene, or participate in a judicial, administrative or other governmental proceeding or in an arbitration, mediation or any other form of alternative dispute resolution. (b) A nonprofit association may assert a claim in its name on behalf of its members if one or more members […]

§36-11-9. Disposition of Personal Property of Inactive Nonprofit Association

If a nonprofit association has been inactive for three years or longer, a person in possession or control of personal property of the nonprofit association may transfer the property: (1) If a document of a nonprofit association specifies a person to whom transfer is to be made under these circumstances, to that person; or