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KRS 273A.040

Judgment against association

Known as the Kentucky Uniform Unincorporated Nonprofit Association Act

The act spans §§ 273A.005 to 273A.165 (33 sections).

History: Amended 2017 Ky

(1) A judgment or order against an unincorporated nonprofit association is not by itself a judgment or order against a member or manager.

(2) Pursuant to this chapter, a judgment creditor of an unincorporated nonprofit association shall not levy execution against the assets of a member to satisfy a judgment based on a claim against the association unless:

(a) A judgment based on the same claim has been obtained against the association and a writ of execution on the judgment has been returned unsatisfied in whole or in part;

(b) The association is a debtor in bankruptcy;

(c) The member has agreed that the creditor need not exhaust association assets; or (d) Liability is imposed on the member by law or contract independent of the existence of the association.

(3) Subsection (2) of this section shall not apply to any judgment or order for which the members are not liable in accordance with KRS 273A.030(1). Effective:June 29, 2017

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.