North Carolina § 1-69 - 1. Unincorporated associations and partnerships; suit by or against.

§ 1-69. 1. Unincorporated associations and partnerships; suit by or against.

Except as provided in subsection (b) of this section: All unincorporated associations, organizations or societies, or general or limited partnerships, foreign or domestic, whether organized for profit or not, may sue or be sued under the name by which they are commonly known and called, or under which they are engaging in business, to the same extent as any other legal entity established by law and without naming any of the individual members composing it. Any judgments and executions against any such association, organization or society shall bind its real and personal property in like manner as if it were incorporated. (Effective until December 1, 2022.) Any unincorporated association, organization, society, or general partnership bringing a suit in the name by which it is commonly known and called must allege that it has filed a certificate of assumed name under former Article 14 of Chapter 66 of the General Statutes or an assumed business name certificate under Article 14A of Chapter 66 of the General Statutes. Unincorporated nonprofit associations are subject to Chapter 59B of the General Statutes and not this section. (3) (Effective December 1, 2022.) Any unincorporated association, organization, society, or general partnership bringing a suit in the name by which it is commonly known and called must allege that it has filed an assumed business name certificate under Article 14A of Chapter 66 of the General Statutes. History (1955, c. 545, s. 3; 1975, c. 393, ss. 1, 2; 2006-226, s. 3; 2016-100, s. 3(a), (b); 2017-23, s. 3.) Subdivision (a)(3) Set Out Twice. - The first version of subdivision (a)(3) set out above is effective until December 1, 2022. The second version of subdivision (a)(3) set out above is effective December 1, 2022. Editor's Note. - Session Laws 2016-100, s. 12 provides, in part: "Sections 1 through 9 of this act become effective July 1, 2017, and do not affect a civil action or proceeding commenced or a right accrued before July 1, 2017." Session Laws 2016-100, s. 3(a), amended this section by, in subdivision (a)(1), deleting "hereafter" preceding "sued or be sued" and substituting "engaging in" for "doing" near the middle; and substituting "that it has filed a certificate of assumed name under former Article 14 of Chapter 66 of the General Statutes or an assumed business name certificate under Article 14A of Chapter 66 of the General Statutes" for "the specific location of the recordation required by G.S. 66-68 " at the end of subdivision (a)(3). Effect of Amendments. - Session Laws 2006-226, s. 3, effective January 1, 2007, designated the previously existing provisions as subdivisions (a)(1) through (a)(3); added the introductory language of subsection (a); and added subsection (b). Session Laws 2016-100, s. 3(a), effective July 1, 2017, in subdivision (a)(1), deleted "hereafter" preceding "sued or be sued" and substituted "engaging in" for "doing" near the middle; and substituted "that it has filed a certificate of assumed name under former Article 14 of Chapter 66 of the General Statutes or an assumed business name certificate under Article 14A of Chapter 66 of the General Statutes" for "the specific location of the recordation required by G.S. 66-68 " at the end of subdivision (a)(3). For applicability, see note. Session Laws 2016-100, s. 3(b), as amended by Session Laws 2017-23, s. 3, effective December 1, 2022, deleted "a certificate of assumed name under former Article 14 of Chapter 66 of the General Statutes or" preceding "an assumed business name certificate" in subdivision (a)(3). For applicability, see note.