1-69.1. Unincorporated associations and partnerships; suit by or against.
(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.)
Structure North Carolina General Statutes
North Carolina General Statutes
§ 1-57 - Real party in interest; grantees and assignees.
§ 1-59 - Suit for penalty, plaintiff may reply fraud to plea of release.
§ 1-60 - Suit on bonds; defendant may plead satisfaction.
§ 1-62 - Action by purchaser under judicial sale.
§ 1-69.1 - Unincorporated associations and partnerships; suit by or against.
§ 1-72 - Persons jointly liable.
§ 1-72.1 - Procedure to assert right of access.