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75 California Attorney General Reports and Opinions 1 (1992)

handle is hein.sag/sagca0075 and id is 1 raw text is: Opinion No. 91-505-January 16, 1992 Requested by: MEMBER OF THE CALIFORNIA SENATE Opinion by: DANIEL E. LUNGREN, Attorney General ANTHONY S. DaVIGO, Deputy THE HONORABLE NEWTON R. RUSSELL, MEMBER OF THE CALIFORNIA SENATE, has requested an opinion on the following question: Under the law pertaining to unincorporated nonprofit associations, may the Secretary of State issue a certificate of registration as a family to any two or more individuals who share a common residence? CONCLUSION Under the law pertaining to unincorporated nonprofit associations, the Secretary of State may not issue a certificate of registration as a family to any two or more individuals who share a common residence. ANALYSIS Corporations Code section 213011 provides: Any association, the principles and activities of which are not repugnant to the Constitution or laws of the United States or of this State, may register in the office of the Secretary of State a facsimile or description of its name or insignia and may by reregistration alter or cancel it. Section 21301 is part of the statutory scheme regulating unincorporated nonprofit associations. (§§ 21000-21401.) We are asked whether under section 21301, the Secretary of State may grant an application for a certificate of registration to two or more individuals (whether or not related by blood, marriage, or adoption) in the style of and for the purpose of being registered and known as Family of J. Doe and J. Roe. The principle issue presented is whether a domestic relationship of two or more persons with a common residence constitutes an association of the type or nature which may be registered as a family. Does such relationship constitute a family, and if so, does a family constitutes an association which may, by definition, be issued a certificate of registration? The term family is in itself broad and inclusive. The term, as defined in Webster's New International Dictionary (3d ed. 1961) at page 821, includes a group of persons in the service of an individual; the retinue or staff of a nobleman or high official; a group of people bound together by 1 All section references are to the Corporations Code unless otherwise specified. (Matthew Bender & Co., Inc.)

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