Chapter 36, Chapter 36

(a) A nonprofit association may execute and record a statement of authority to transfer an estate or interest in real property in the name of the nonprofit association. (b) An estate or interest in real property in the name of a nonprofit association may be transferred by a perso…

(a) A nonprofit association is a legal entity separate from its members for the purposes of determining and enforcing rights, duties and liabilities in contract and tort. (b) A person may not be liable for a breach of a nonprofit association's contract merely because the person i…

(a) A nonprofit association, in its name, may 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. (b) A nonprofit association may assert a …

A judgment or order against a nonprofit association is not by itself a judgment or order against a member.

If a nonprofit association has been inactive for three years or longer, a person in possession or control of personal property of the nonprofit association may transfer the property: (1) If a document of a nonprofit association specifies a person to whom transfer is to be made un…

This article may be cited as the Uniform Real Property Transfer on Death Act.

A transfer on death deed is effective without: (1) Notice or delivery to or acceptance by the designated beneficiary during the transferor's life; or (2) Consideration.

(a) Subject to subsection (b) of this section, an instrument is effective to revoke a recorded transfer on death deed, or any part of it, if the instrument: (1) Is one of the following: (A) A transfer on death deed that revokes the deed or part of the deed expressly or by inconsi…

During a transferor's life, a transfer on death deed does not: (1) Affect an interest or right of the transferor or any other owner, including the right to transfer or encumber the property; (2) Affect an interest or right of a transferee, even if the transferee has actual or con…

(a) Except as otherwise provided in the transfer on death deed in this article, §41-1-6 of this code, §41-3-3 of this code, §42-3-1, et seq. of this code, §42-§4-2 of this code, or §42-5-1, et seq. of this code, on the death of the transferor the following rules apply to property…

A beneficiary may disclaim all or part of the beneficiary's interest as provided by article six, chapter forty-two of this code.

(a) Any transfer on death deed properly recorded in an office of the clerk of a county commission before the effective date of this article containing language that shows a clear intent to designate a transfer on death beneficiary shall be liberally construed to do so. (b) Any su…

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.

This article modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U. S. C. §7001, et seq., but does not modify, limit or supersede section 101(c) of that act, 15 U. S. C. §7001(c), or authorize electronic delivery of any of the…

In this article: (1) "Beneficiary" means a person who receives property under a transfer on death deed. (2) "Contingent beneficiary" means a person designated in a transfer on death deed to receive property only if a different person fails to survive the transferor. (3) "Designat…

This article applies to a transfer on death deed made on or after the effective date of this article, by a transferor dying on or after the effective date of this article.

This article does not affect any method of transferring property otherwise permitted under the law of this state.

An individual may transfer property to one or more beneficiaries or contingent beneficiaries effective at the transferor's death by a transfer on death deed.

A transfer on death deed is revocable even if the deed or another instrument contains a contrary provision.

A transfer on death deed is nontestamentary.

The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a will.

A transfer on death deed: (1) Except as otherwise provided in subdivision (2) of this section, must contain the essential elements and formalities of a properly recordable inter vivos deed; (2) Must state that the transfer to the designated beneficiary is to occur at the transfer…

This article may be cited as the "Decentralized Unincorporated Nonprofit Association Act."

(a) A decentralized unincorporated nonprofit association shall file in the Office of the Secretary of State a statement appointing an agent authorized to receive service of process. (b) A statement appointing an agent shall set forth: (1) The name of the decentralized unincorpora…

In an action or proceeding against a decentralized unincorporated nonprofit association a summons and complaint shall be served on an agent authorized by appointment to receive service of process, an officer, managing or general agent, or a person authorized to administer the aff…

A claim for relief against a decentralized unincorporated nonprofit association shall not abate merely because of a change in its members or persons authorized to administer the affairs of the nonprofit association.

(a) For purposes of venue, a decentralized unincorporated nonprofit association is a resident of a county in which: (1) The decentralized unincorporated nonprofit association has an office; (2) The decentralized unincorporated nonprofit association conducts its business or activi…

(a) A decentralized unincorporated nonprofit association shall have perpetual existence unless its governing principles otherwise specify. (b) A decentralized unincorporated nonprofit association may be dissolved by any of the following methods: (1) If the governing principles of…

(a) A person becomes a member in accordance with the governing principles of the decentralized unincorporated nonprofit association. If there are no applicable governing principles, a person shall be considered a member upon purchase or assumption of ownership of a membership int…

(a) A member may resign as a member of a decentralized unincorporated nonprofit association in accordance with the governing principles of the nonprofit association. If there are no applicable governing principles, a member shall be deemed to have resigned as a member upon the di…

(a) Unless otherwise provided for in the governing principles, a member shall not have any fiduciary duty to a decentralized unincorporated nonprofit association or to any other member of the nonprofit association merely by reason of being a member. (b) A member acting on behalf …

(a) A member is not an agent of a decentralized unincorporated nonprofit association merely by reason of being a member. (b) A person's status as a member does not prevent or restrict laws other than this act from imposing liability on a decentralized unincorporated nonprofit ass…

Except as otherwise provided in the decentralized unincorporated nonprofit association's governing principles, a member interest or any right thereunder is freely transferable to another person through conveyance of the membership interest.

As used in this article: "Administrator" means a person authorized by the members of a decentralized unincorporated nonprofit association to fulfill administrative or operational tasks at the direction of the membership. "Decentralized unincorporated nonprofit association" means …

(a) Except as otherwise provided in the governing principles, a decentralized unincorporated nonprofit association shall have the approval of the majority of membership interests participating in a vote to: (1) Suspend, dismiss or expel a member; (2) Select or dismiss an administ…

(a) A decentralized unincorporated nonprofit association may provide for its governance, in whole or in part, through distributed ledger technology, including smart contracts. (b) The governing principles for a decentralized unincorporated nonprofit association may: (1) Specify w…

In accordance with its governing principles, a decentralized unincorporated nonprofit association may: (1) Adopt any reasonable algorithmic means for establishing consensus for the validation of records, as well as for establishing requirements, processes and procedures for condu…

(a) Unless otherwise provided for in the decentralized unincorporated nonprofit association's governing principles, the members of a nonprofit association may select the nonprofit association's administrators in accordance with §36-13-20 of this code. (b) If no administrators are…

(a) Except as provided by subsection (b), on reasonable notice, a member or administrator of a decentralized unincorporated nonprofit association is entitled to an electronic record of any record maintained by the nonprofit association regarding the nonprofit association's activi…

(a) Unless otherwise provided in its governing principles, a decentralized unincorporated nonprofit association may reimburse a member or administrator for authorized expenses reasonably incurred on behalf of the nonprofit association. (b) A decentralized unincorporated nonprofit…

(a) A dissolved decentralized unincorporated nonprofit association shall wind up its operations and the nonprofit association shall continue after dissolution only for the purpose of winding up. (b) In winding up a decentralized unincorporated nonprofit association, the members: …

(a) As used in this section: (1) "Constituent organization" means an organization that is merged with one or more other organizations and includes the surviving organization; (2) "Charitable purpose" means any purpose of an organization that has attained exemption under section 5…

(a) An unincorporated nonprofit association formed under §36-11-1 et seq. of this code that meets the requirements of §36-13-2 of this code may elect to be governed by this act by approval of its members. If the unincorporated nonprofit association’s governing principles provide …

Principles of law and equity supplement this article unless displaced by a specific provision of this article.

(a) The law of this state governs any decentralized unincorporated nonprofit association that is formed in this state. (b) A decentralized unincorporated nonprofit association's governing principles shall identify the jurisdiction in which the decentralized unincorporated nonprof…

The Secretary of State may propose rules for legislative approval in accordance with §29A-3-1 et seq. of this code as may be necessary to implement and administer the provisions of this article.

This article is effective July 1, 2026.

(a) A decentralized unincorporated nonprofit association may engage in profit-making activities, but profits from any activities shall be used in furtherance of, or set aside for, the nonprofit association's common nonprofit purpose. (b) Except as provided in subsection (c) of th…

(a) A decentralized unincorporated nonprofit association in its name may acquire, hold, encumber or transfer an estate or interest in real or personal property. (b) A decentralized unincorporated nonprofit association may be a legatee, devisee, or beneficiary of a trust or contra…

(a) A decentralized unincorporated nonprofit association may execute and record a statement of authority to transfer an estate or interest in real property in the name of the nonprofit association. (b) An estate or interest in real property in the name of a decentralized unincorp…