Public-domain · open source
OpenJurist

Ark. Code Ann. § 4-28-105

Capacity to assert and defend — Standing

Applied in 1 court decision — leading case 2023 Ark. App. 29 - The Agred Foundation v. Friends of Lake Erling Association (2023)

Most recently applied in 2023 Ark. App. 29 - The Agred Foundation v. Friends of Lake Erling Association (February 2023)

Acts 2017, No. 822, § 1; 2019, No. 379, § 2.

(1) A nonprofit organization may, in its own name, 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.

(2) A nonprofit organization may, in its own name, assert a claim on behalf of its members if: One (1) or more members of the nonprofit organization have standing to assert a claim in their own rights;

(3) The interests the nonprofit organization seeks to protect are germane to its purpose; and

(4) Neither the claim asserted nor the relief requested requires the participation of a member.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.