(a) Except as provided in subsection (b) of this section:
(1) 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.
(2) 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.
(3) 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.
(b) Unincorporated nonprofit associations are subject to Chapter 59B of the General Statutes and not this section. (1955, c. 545, s. 3; 1975, c. 393, ss. 1, 2; 2006-226, s. 3; 2016-100, ss. 3(a), (b); 2017-23, s. 3.)
§§ 1-70 through 1-71. Repealed by Session Laws 1967, c. 954, s. 4.
§ 1-72. Persons jointly liable.
In all cases of joint contracts of partners in trade or others, suit may be brought and prosecuted against all or any number of the persons making such contracts. (R.C., c. 31, s. 84; 1871-2, c. 24, s. 1; Code, s. 187; Rev., s. 413; C.S., s. 459.)
Notes of Decisions
Cited in
27
cases (
1 in the last 5 years), 1957–2021 · leading case:
Daniel v. Wray, 580 S.E.2d 711 (N.C. Ct. App. 2003).
Daniel v. Wray, 580 S.E.2d 711 (N.C. Ct. App. 2003).
· cites it 10× “1 requires an unincorporated association “bringing a suit in the name by which it is commonly known and called [to] allege the specific location of the recordation .”
Am. Oil Co., Inc. v. Aan Real Est., LLC, 754 S.E.2d 844 (N.C. Ct. App. 2014).
· cites it 9× “1 (a)(1) states that [a]ll unincorporated associations, organizations or societies, or general or limited partnerships, foreign or domestic, whether organized for profit or not, may hereafter sue or be sued under the name by which they are commonly known and called, or under…”
North Iredell Neighbors for Rural Life v. Iredell Cnty., 674 S.E.2d 436 (N.C. Ct. App. 2009).
· cites it 5× “1 (2007) states: (a) Except as provided in subsection (b) of this section: (1) All unincorporated associations, organizations or societies, or general or limited partnerships, foreign or domestic, whether organized for profit or not, may hereafter sue or be sued under the name…”
Bdm Investments v. Lenhil, Inc., 2012 NCBC 7 (N.C. Bus. Ct. 2012).
· cites it 7× “The Court finds that there are factual issues which preclude a determination at this time whether Plaintiffs are subject to or have satisfied the statutory requirements.”
Cherokee Home Demonstration Club v. Oxendine, 397 S.E.2d 643 (N.C. Ct. App. 1990).
· cites it 18× “” G.S. § 1-69.1. G.S. § 66-68 requires an association to file a certificate in the office of the register of deeds in the county where the association does *626 business, showing the name of the association, the name of the owner or agent, and the addresses of each.”
J. A. Jones Constr. Co. v. Local Union 755 of the Int'l Bhd. of Elec. Workers, 98 S.E.2d 852 (N.C. 1957).
· cites it 2× “From this evidence and from defendants’ j oint answer -introduced in evidence when the hearing was resumed, it clearly appears that defendant Local Union 755 is an unincorporated labor union, which is doing business in North Carolina by performing acts for which it was formed.”
RH Bouligny, Inc. v. United Steelworkers of Amer., 154 S.E.2d 344 (N.C. 1967).
“In search of the solution to those questions, we turn first to the law of this State and then to the Constitution and laws of the United States to ascertain what, if any, effect they have upon the law of North Carolina otherwise applicable.”
Reverie Lingerie, Inc. v. McCain, 128 S.E.2d 835 (N.C. 1963).
“Upon such service, the Secretary of State shall forward a copy of the process or precept to the last known address of such unincorporated association or organization”; and G.S 1-69.1, which provides: “All unincorporated associations, organizations or societies, foreign or…”
Sizemore v. Maroney, 138 S.E.2d 803 (N.C. 1964).
“The defendant union is an unincorporated association, which maintains an office and transacts business in Forsyth County, North Carolina; that it has not designated of record in the office of the clerk of the superior court of Forsyth County a registered agent upon whom service…”
— N.C. Gen. Stat. § 1-69.1(a)(3) — 1 case
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