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HomeCorporations CodeCh. 3Art. 2§ 5320 Membership Transfer Restrictions

§ 5320 Membership Transfer Restrictions

Corporations Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 5320 Membership Transfer Restrictions

Key Takeaways

  • •You can't sell or give away your membership in this group unless the group's rules say you can.
  • •If you die or the group ends, your membership rights go away.
  • •You can't sell your membership for money, even if the group's rules allow transfers.
  • •There's one exception: if it's a special kind of housing group, you might be able to sell your membership, but only if it follows certain housing rules.

Example

You are part of a club that owns a building together, and you want to sell your spot in the club to someone else.

You can't sell your spot in the club for money, even if the club's rules say you can transfer it. If you die, your spot in the club doesn't go to your family—it just ends. But if your club is a special kind of housing club, you might be able to sell your spot, but only if you follow the housing rules.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 5320 Membership Transfer Restrictions

(a) Subject to Section 5613, and unless otherwise provided in the corporation’s articles or bylaws: (1) No member may transfer a membership or any right arising therefrom. (2) All rights of membership cease upon the member’s death or dissolution. (b) Notwithstanding subdivision (a), no member may transfer for value a membership or any right arising therefrom. (c) Notwithstanding subdivisions (a) and (b), this section does not prohibit or restrict the transfer, purchase, or sale of a membership in a limited equity housing cooperative, provided that the transfer, purchase, or sale is consistent with Section 33007.5 of the Health and Safety Code. (Amended by Stats. 1992, Ch. 250, Sec. 1. Effective January 1, 1993.)

Last verified: January 23, 2026

Key Terms

transfermembershiplimited equity housing cooperativeSection 33007.5 of the Health and Safety Code

Related Statutes

  • § 12410 Membership Transfer And Termination
  • § 12403 Corporate Membership Admission Rules
  • § 12430 Membership Resignation And Expiration
  • § 13290 Member Charges Against Officers
  • § 13291 Officer Director Removal Vote

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Corporations Code. Section 5320.
View Official Source