2021 Colorado Code
Title 7 - Corporations and Associations
Article 30 - Uniform Unincorporated Nonprofit Association Act
§ 7-30-113. Summons and Complaint - Service on Whom
In an action or proceeding against a nonprofit association, a summons and complaint must be served on an agent authorized by appointment to receive service of process, an officer, a managing or general agent, or a person authorized to participate in the management of its affairs. If none of them can be served, service may be made on a member who may participate in the selection of persons authorized to manage the affairs of the nonprofit association or in the development of policy of the nonprofit association.
History. Source: L. 94: Entire article added, p. 1275, § 1, effective May 22.
Editor's note:
Colorado amended § 7-30-113 (numbered as Section 13 in the uniform act) by adding a qualification in the last sentence that service may be made on a member “who may participate in the selection of persons authorized to manage the affairs of the nonprofit association or in the development of policy of the nonprofit association”.
OFFICIAL COMMENT- In most states the law with respect to service of process is in court rules. Where that is the case, this section, if adopted, should be placed in these rules.
- Some states have expressly addressed service of process on a nonprofit association. Those states may wish to continue their rules and so should not adopt this section. For this reason this section is bracketed.
Section 13 (numbered as section 7-30-113 in C.R.S.) adapts Rule 4 of the Federal Rules of Civil Procedure to this setting. However, it leaves to other applicable law details concerning service, such as who may make service and the kind of the mailing. It specifies only to or on whom the service of process must be addressed.
By rule or statute all jurisdictions have extensive law on service of process. The real question for nonprofit associations is which set of these rules should apply. This Act treats a nonprofit unincorporated association as a legal entity. Thus, the rules applicable to another legal entity, the corporation, seem most appropriate.
