Unincorporated association

An 'unincorporated association' is an organisation set up through an agreement between a group of people who come together for a reason other than to make a profit, eg a voluntary group or a sports club.

Legally speaking a group of people who get together and decide to perform some task without filing any legal paperwork or establishing any formal legal structure is they have formed an unincorporated association.

“Unincorporated association" means an unincorporated group of two or more persons joined by mutual consent for a common lawful purpose, whether organized for profit or not.

For Profit

If that lawful purpose for which they have joined together to accomplish includes earning a profit, their association is automatically a partnership or joint venture for tax and most other legal purposes.

For example, if two people get together and decide to operate a food truck, they have formed a partnership, even if they file no paperwork. They now enjoy mutual liability. Because it is not respected as a separate legal entity [no separate legal existence apart from its members] its members generally can be held personally liable for its debts and liabilities.

There is no distinction between the people and all their other assets. Every member becomes entirely liable for the actions of the other in the operation of the food truck no matter how great or how small their participation may be.

Non Profit

If the purpose for the association is to benefit the public some way, and does not include earning a profit, the association’s members have formed an unincorporated nonprofit association.

People form nonprofit unincorporated associations often without being aware of it.

If several of your neighbors get together to help raise funds to keep your local library branch open, you’ve formed an unincorporated nonprofit association.

If an unincorporated association’s purpose is charitable, educational, and/or scientific in nature, it can qualify as a Section 501(c)(3) organization (also called a public charity).

Unless your state law contains an “enabling statute” granting rights to an an unincorporated association it cannot hold or receive property, or sign contracts, in its own name.

Because of these limitations, nonprofit unincorporated associations are usually used to accomplish limited short-term goals, such as raising funds.

If an unincorporated charitable nonprofit has more than $5,000 in annual revenues, it must apply for IRS recognition of its status.

A Church does not. But a church is established by Jesus Christ.

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