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Corp. Code §18270. Levying by Judgment Creditor of Unincorporated Association

California Corporations Code  >   Title 3. Unincorporated Associations  >   Part 1. General Provisions  >   Chapter 5. Liability and Enforcement of Judgments   >   Corp. Code §18270. Levying by Judgment Creditor of Unincorporated Association
 (a) A judgment creditor of a member, director, officer, or agent of an unincorporated association may not levy execution against the assets of the member, director, officer, or agent to satisfy a judgment based on a claim against the unincorporated association unless a judgment based on the same claim has been obtained against the unincorporated association and any of the following conditions is satisfied:
  (1) A writ of execution on the judgment against the unincorporated association has been returned unsatisfied in whole or in part.
  (2) The unincorporated association is a debtor in bankruptcy.
  (3) The member, director, officer, or agent has agreed that the creditor need not exhaust the assets of the unincorporated association.
  (4) A court grants permission to the judgment creditor to levy execution against the assets of a member, director, officer, or agent based on a finding that the assets of the unincorporated association subject to execution are clearly insufficient to satisfy the judgment, that exhaustion of the assets of the unincorporated association is excessively burdensome, or that the grant of permission is an appropriate exercise of the court’s equitable powers.
 (b) Nothing in this section affects the right of a judgment creditor to levy execution against the assets of a member, director, officer, or agent of an unincorporated association if the claim against the member, director, officer, or agent is not based on a claim against the unincorporated association. [2004]

Corp. Code §18250. Liability of Unincorporated Association

California Corporations Code  >   Title 3. Unincorporated Associations  >   Part 1. General Provisions  >   Chapter 5. Liability and Enforcement of Judgments   >   Corp. Code §18250. Liability of Unincorporated Association
Except as otherwise provided by law, an unincorporated association is liable for its act or omission and for the act or omission of its director, officer, agent, or employee, acting within the scope of the office, agency, or employment, to the same extent as if the association were a natural person. [2004]

Corp. Code §18260. Enforcing Money Judgment Against Unincorporated Association

California Corporations Code  >   Title 3. Unincorporated Associations  >   Part 1. General Provisions  >   Chapter 5. Liability and Enforcement of Judgments   >   Corp. Code §18260. Enforcing Money Judgment Against Unincorporated Association
A money judgment against an unincorporated association, whether organized for profit or not, may be enforced only against the property of the association. [2004]

Corp. Code §18220. Service on Association if Agent for Service Cannot Be Found

California Corporations Code  >   Title 3. Unincorporated Associations  >   Part 1. General Provisions  >   Chapter 4. Designation of Agent for Service of Process   >   Corp. Code §18220. Service on Association if Agent for Service Cannot Be Found
 If designation of an agent for the purpose of service of process has not been made as provided in Section 18200, or if the agent designated cannot with reasonable diligence be found at the address specified in the index referred to in Section 18205 for delivery by hand of the process, and it is shown by affidavit to the satisfaction of a court or judge that process against an unincorporated association cannot be served with reasonable diligence upon the designated agent by hand or the unincorporated association in the manner provided for in Section 415.10 or 415.30 of the Code of Civil Procedure or subdivision (a) of Section 415.20 of the Code of Civil Procedure, the court or judge may make an order that service be made upon the unincorporated association by delivery of a copy of the process to one or more of the association’s members designated in the order and by mailing a copy of the process to the association at its last known address. Service in this manner constitutes personal service upon the unincorporated association. [2004]

Corp. Code §18205. Secretary of State Filing and Indexing

California Corporations Code  >   Title 3. Unincorporated Associations  >   Part 1. General Provisions  >   Chapter 4. Designation of Agent for Service of Process   >   Corp. Code §18205. Secretary of State Filing and Indexing
 (a) The Secretary of State shall mark each statement filed under Section 18200 with a consecutive file number and the date of filing. In lieu of retaining the original statement, the Secretary of State may retain a copy in accordance with Section 14756 of the Government Code.
 (b) The Secretary of State shall index each statement filed under Section 18200 according to the name of the unincorporated association as set out in the statement and shall enter in the index the file number and the address of the association as set out in the statement and, if an agent for service of process is designated in the statement, the name of the agent and, if a natural person is designated as the agent, the address of that person.
 (c) Upon request of any person, the Secretary of State shall issue a certificate showing whether, according to the Secretary of State’s records, there is on file on the date of the certificate, any presently effective statement filed under Section 18200 for an unincorporated association using a specific name designated by the person making the request. If a statement is on file, the certificate shall include the information required by subdivision (b) to be included in the index. The fee for the certificate is the fee provided in Section 12183 of the Government Code.
 (d) When a statement has expired under subdivision (d) of Section 18200, the Secretary of State shall enter that fact in the index together with the date of the expiration.
 (e) Four years after a statement has expired, the Secretary of State may destroy or otherwise dispose of the statement and delete information concerning that statement from the index. [2004]

Corp. Code §18200. Filing Statements with Secretary of Agent; Address; Agent for Service of Process

California Corporations Code  >   Title 3. Unincorporated Associations  >   Part 1. General Provisions  >   Chapter 4. Designation of Agent for Service of Process   >   Corp. Code §18200. Filing Statements with Secretary of Agent; Address; Agent for Service of Process

*New statutes and amendments effective January 1, 2023 are shown in bold, underline italics. [ ] indicates an amendment of deleted text only.

(a) An unincorporated association may file with the Secretary of State, on a form prescribed by the Secretary of State, a statement containing either of the following:

(1) A statement designating the location and complete address of the unincorporated association’s principal office in California. Only one place may be designated.

(2) A statement (A) designating the location and complete address of the unincorporated association’s principal office in California in accordance with paragraph (1) or, if the unincorporated association does not have an office in this state, designating the complete address of the unincorporated association to which the Secretary of State shall send any notices required to be sent to the association under Sections 18210 and 18215, and (B) designating as agent of the association for service of process any natural person residing in this state or any corporation that has complied with Section 1505 and whose capacity to act as an agent has not terminated.

(b) If a natural person is designated as agent for service of process, the statement shall include the person’s complete business or residence address. If a corporate agent is designated, no address for it shall be included.

(c) Filing is deemed complete on acceptance by the Secretary of State of the statement, a copy of the statement, and the filing fee. The Secretary of State shall return the copy of the statement to the unincorporated association, with notations that indicate the file number and filing date of the original.

(d) At any time, an unincorporated association that has filed a statement under this section may file a new statement superseding the last previously filed statement. If the new statement does not designate an agent for service of process, the filing of the new statement shall be deemed to revoke the designation of an agent previously designated. A statement filed under this section expires five years from December 31 following the date it was filed in the office of the Secretary of State, unless previously superseded by the filing of a new statement.

(e) Delivery by hand of a copy of any process against the unincorporated association (1) to any natural person designated by it as agent, or (2) if the association has designated a corporate agent, to any person named in the last certificate of the corporate agent filed pursuant to Section 1505 at the office of the corporate agent shall constitute valid service on the association.

(f) For filing a statement as provided in this section, the Secretary of State shall charge and collect the fee provided in paragraph (1) of subdivision (b) of Section 12191 of the Government Code for filing a designation of agent.

(g) Notwithstanding Section 18055, a statement filed by a partnership under former Section 24003 is subject to this chapter until the statement is revoked or expires. [2022]

Corp. Code §18210. Resignation of Agent for Service of Process

California Corporations Code  >   Title 3. Unincorporated Associations  >   Part 1. General Provisions  >   Chapter 4. Designation of Agent for Service of Process   >   Corp. Code §18210. Resignation of Agent for Service of Process
 (a) An agent designated by an unincorporated association for the service of process may deliver to the Secretary of State, on a form prescribed by the Secretary of State for filing, a signed and acknowledged written statement of resignation as an agent for service of process containing the name of the unincorporated association and Secretary of State’s file number of the unincorporated association, the name of the resigning agent for service of process, and a statement that the agent is resigning. The resignation is effective when filed. The Secretary of State shall mail or otherwise provide written notice of the filing to the unincorporated association at its address set out in the statement filed by the association.
(b) An unincorporated association may at any time file with the Secretary of State a revocation of a designation of an agent for service of process on a form prescribed by the Secretary of State containing the name of the unincorporated association and Secretary of State’s file number for the unincorporated association, the name of the agent whose designation to accept service of process in being revoked and a statement that the unincorporated association has revoked the designation to accept service of process. The revocation is effective when filed.
(c) Notwithstanding subdivisions (a) and (b), service made on an agent designated by an unincorporated association for service of process in the manner provided in subdivision (e) of Section 18200 is effective if made within 30 days after the statement of resignation or the revocation is filed with the Secretary of State.
(d) The resignation of an agent may be effective if, on a form prescribed by the Secretary of State containing the name of the unincorporated association and Secretary of State’s file number for the unincorporated association and the name of the agent for service of process, the agent disclaims having been properly appointed as the agent.
(e) The Secretary of State may destroy or otherwise dispose of any resignation filed pursuant to this section after a new form is filed pursuant to Section 18200 replacing the agent for service of process that has resigned. [2014]

Corp. Code §18215. Expiration of Statements on File; Mailing Notice by Secretary of State

California Corporations Code  >   Title 3. Unincorporated Associations  >   Part 1. General Provisions  >   Chapter 4. Designation of Agent for Service of Process   >   Corp. Code §18215. Expiration of Statements on File; Mailing Notice by Secretary of State
 Between the first day of October and the first day of December immediately preceding the expiration date of a statement filed under Section 18200, the Secretary of State shall send by first-class mail a notice, indicating the date on which the statement will expire and the file number assigned to the statement, to the unincorporated association at its address as set out in the statement. Neither the failure of the Secretary of State to mail the notice as provided in this section nor the failure of the notice to reach the unincorporated association shall continue the statement in effect after the date of its expiration. Neither the state nor any officer or employee of the state is liable for damages for failure to mail the notice as required by this section. [2004]

Corp. Code §18120. Recorded Statement of Authority of Unincorporated Association

California Corporations Code  >   Title 3. Unincorporated Associations  >   Part 1. General Provisions  >   Chapter 3. Property   >   Corp. Code §18120. Recorded Statement of Authority of Unincorporated Association
 (a) An unincorporated association may record in a county in which it has an interest in real property a verified and acknowledged statement of authority stating the name of the association, and the names, title, or capacity of its officers and other persons who are authorized on its behalf to acquire, transfer, or encumber real property. For the purposes of this section, “statement of authority” includes a certified copy of a statement recorded in another county.
 (b) An unincorporated association may revoke a statement of authority by recording either of the following documents in the county in which the statement of authority is recorded:
  (1) A new statement of authority that satisfies the requirements of subdivision (a). The new statement supersedes the revoked statement.
  (2) A verified and acknowledged document that expressly revokes the statement of authority.
 (c) It shall be conclusively presumed in favor of a bona fide transferor, or purchaser, or encumbrancer for value of real property of the association located in the county in which a statement of authority has been recorded pursuant to subdivision (a), that a person designated in the statement is authorized to acquire, transfer, or encumber real property on behalf of the association.
 (d) The presumption provided in subdivision (c) does not apply if, before the acquisition, transfer, or encumbrance, either of the following occurs:
  (1) The statement of authority is revoked by the unincorporated association.
  (2) A person claiming to be a member, director, or officer of the unincorporated association records, in the county in which the property is located, a verified and acknowledged document stating that the statement of authority is erroneous or unauthorized. [2004]

Corp. Code §18122. Unincorporated Association Holding Property for Charitable Purposes

California Corporations Code  >   Title 3. Unincorporated Associations  >   Part 1. General Provisions  >   Chapter 3. Property   >   Corp. Code §18122. Unincorporated Association Holding Property for Charitable Purposes
 An unincorporated association holding property for charitable purposes shall comply with the Supervision of Trustees and Fundraisers for Charitable Purposes Act, Article 7 (commencing with Section 12580) of Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code, if applicable. [2011]