Unincorporated Associations

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Unincorporated Associations

There are decided disadvantages to being in any unincorporated association. Where citizens voluntarily apply to and make agreements with a corporate authority of (or are sanctioned by) government for the exchange of mutual benefits, a subjection results. Citizens who become subject to the administration of government by such contiguous consent empower government, and liberty declines.

There is a difference between natural and free association and an association of persons. Because the common law regards unincorporated associations as non-entities, but free associations of citizens whose civil rights are subject and connected to the administration of government¹ have certain advantages and disadvantages in regards to unincorporated association. Unincorporated societies of truly free people enable the free choice and liberty to work together without legal encumbrances, commitments, and restrictions. They do this with supporting trust relationships based on love and charity.

Unincorporated associations in law are not corporate bodies - they cannot employ staff, hold financial resources, property, gifts, devises and bequests, nor do they have the ability to contract. There is also a liability of members or even volunteer committee members for contracts and proceedings against such an association. If the partnership created by the association wishes to do any of these things, it can only do so through an accountable body. By accountable body we mean some individual, entity, or corporate body created by one authority or another to which that body is accountable. This can place members and staff of the accountable body in the position of competing loyalties and unfair liability.

There is a liability carried by all members of unincorporated associations in tort. If the members are made liable as principals their liability will extend beyond its resources and any judgment will be enforceable against the members personally. This liability coupled with an inability of members of such associations to sue the association for damages makes this functioning relationship both inadequate and unsuitable.

While there are greater liberties in such associations, there are also unfair disadvantages and disabilities. In order to return every man to his family and to his possessions,² and to allow men and women to live by the perfect law of liberty³ as free souls under God, we must have a representative accountable body that is separate, but also does not exercise authority over the people.

1“Civil rights are such as belong to every citizen of the state or country, or, in a wider sense to all its inhabitants, and are not connected with the organization or the administration of government. They include the rights of property, marriage, protection by laws, freedom of contract, trial by jury, etc.” Black’s 3rd p. 1559.

2Leviticus 25:10 “And ye shall hallow the fiftieth year, and proclaim liberty throughout [all] the land unto all the inhabitants thereof: it shall be a jubile unto you; and ye shall return every man unto his possession, and ye shall return every man unto his family. Judges 21:24 And the children of Israel departed thence at that time, every man to his tribe and to his family, and they went out from thence every man to his inheritance.”

3James 1:25 “But whoso looketh into the perfect law of liberty, and continueth [therein], he being not a forgetful hearer, but a doer of the work, this man shall be blessed in his deed.”

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