Yesterday's post focused on a California bill, AB 1229 (Haney), that would create a new Decentralized Nonprofit Association Law. Today's post drills down on what I see as fundamental flaw in the bill. In addition to defining a "Decentralized...
California Bill Would Create Decentralized Nonprofit Association Law
Posted on April 10, 2023
As discussed in this recent post, Judge Larry Alan Burns recently ruled that the plaintiffs in class action had adequately pled that a distributed autonomous organization (DAO) was a partnership under California law. Sarcuni v. bZX DAO, 2023 WL...
Is A Biker Gang A "Person"?
Posted on March 30, 2023
Mongol Nation is an unincorporated association whose members include the official, or "full-patch," members of the gang. The U.S. government has been prosecuting the gang since at least 2008 and has obtained convictions of more than 70 individual...
Judge Orrick Rules A Decentralized Autonomous Organization May Be Sued As An Unincorporated Association
Posted on December 29, 2022
Gertrude Stein is famously quoted as having written, "There is no there there". Although Ms. Stein intended a different meaning to the expression, the same statement might be used to describe a "decentralized autonomous organization" or DAO....
Incorporating Your Club Requires No Conversion
Posted on April 04, 2022
Often a club or other will begin informally without formal incorporation. In California, such an unincorporated club or group, whether organized for profit or not, is classified as an "unincorporated association" and it will be governed by...
Unincorporated Association Governance - Waiting For The Legislature
Posted on June 08, 2021
In 2004, the California legislature enacted an unincorporated associations law as part of the Corporations Code. Cal. Stats. 2004, ch. 178 (SB 1746). At the time, the law governing unincorporated associations consisted of various scattered...
Is Your Club A Legal Entity?
Posted on September 10, 2020
Nine years ago, I wrote about various provisions of the California Corporations Code concerning unincorporated associations. See Thinking About Joining A Club? You May Want To Consider These Corporations Code Provisions First. Yesterday, a...
Court Rules California Unincorporated Association Is A South Dakota Citizen
Posted on February 20, 2018
Diversity jurisdiction in the U.S. District courts requires complete diversity of citizenship between the parties. 28 U.S.C. § 1332. A corporation can be a citizen of its state of incorporation, as well as the state where it has its principal place...
