US (United States) Code. Title 36. Subtitle II. Chapter 1901: Reserve Officers Association of the USA (United States of America)

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Patriotic and National Observances, Ceremonies and Organizations

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 17 páginas
publicidad

-CITE-

36 USC CHAPTER 1901 - RESERVE OFFICERS ASSOCIATION OF THE

UNITED STATES 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1901 - RESERVE OFFICERS ASSOCIATION OF THE UNITED STATES

-HEAD-

CHAPTER 1901 - RESERVE OFFICERS ASSOCIATION OF THE UNITED STATES

-MISC1-

Sec.

190101. Organization.

190102. Purposes.

190103. Membership.

190104. Governing body.

190105. Powers.

190106. Exclusive right to name, seals, emblems, and badges.

190107. Restrictions.

190108. Headquarters.

190109. Records and inspection.

190110. Service of process.

190111. Liability for acts of officers and agents.

190112. Distribution of assets on dissolution or final

liquidation.

-End-

-CITE-

36 USC Sec. 190101 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1901 - RESERVE OFFICERS ASSOCIATION OF THE UNITED STATES

-HEAD-

Sec. 190101. Organization

-STATUTE-

(a) Federal Charter. - Reserve Officers Association of the United

States (in this chapter, the "corporation") is a federally

chartered corporation.

(b) Perpetual Existence. - Except as otherwise provided, the

corporation has perpetual existence.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1447.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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190101 36:221. June 30, 1950, ch. 431,

Secs. 1, 2, 4 (related to

perpetual succession), 64

Stat. 312, 313.

36:222.

36:224 (related to

perpetual

succession).

--------------------------------------------------------------------

This section is substituted for the source provisions for

consistency in the revised title and to eliminate unnecessary and

executed words.

-End-

-CITE-

36 USC Sec. 190102 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1901 - RESERVE OFFICERS ASSOCIATION OF THE UNITED STATES

-HEAD-

Sec. 190102. Purposes

-STATUTE-

The purposes of the corporation are to support and promote the

development and execution of a military policy for the United

States that will provide adequate national security.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1447.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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190102 36:223. June 30, 1950, ch. 431, Sec.

3, 64 Stat. 313.

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The word "object" is omitted as unnecessary.

-End-

-CITE-

36 USC Sec. 190103 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1901 - RESERVE OFFICERS ASSOCIATION OF THE UNITED STATES

-HEAD-

Sec. 190103. Membership

-STATUTE-

(a) Eligibility. - Eligibility for membership in the corporation

is as provided in the constitution and bylaws of the corporation.

(b) Voting. - Each active member of a department or chapter has

one vote in the conduct of official business of that department or

chapter.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1447.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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190103(a) 36:225. June 30, 1950, ch. 431,

Secs. 5, 7(e), 64 Stat. 313,

314.

190103(b) 36:227(e).

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-End-

-CITE-

36 USC Sec. 190104 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1901 - RESERVE OFFICERS ASSOCIATION OF THE UNITED STATES

-HEAD-

Sec. 190104. Governing body

-STATUTE-

(a) National Convention. - The corporation shall hold an annual

national convention. The national convention shall be composed of

delegates elected by the various departments.

(b) National Executive Committee. - (1) The national executive

committee is the governing body of the corporation.

(2) The national executive committee consists of the president,

the last past president, 3 vice presidents, 3 junior vice

presidents, 3 national executive committee members, and the

executive director. Each of these individuals, except the executive

director, has one vote on each matter decided by the committee.

(c) Officers. - (1) The officers of the corporation are a

president, 3 vice presidents, 3 junior vice presidents, 3 national

executive committee members, an executive director, a national

treasurer, a judge advocate, a surgeon, a chaplain, a historian, a

public relations officer, and other officers as decided at the

national convention.

(2) The national officers of the corporation shall be elected at

the annual national convention, except for the executive director,

the national treasurer, and the national public relations officer,

who shall be appointed by the national executive committee.

(3) The elected officers shall hold office for one year or until

their successors have been elected and qualified.

(d) Vacancies. - (1) Except for the positions of president and

last past president, a vacancy on the national executive committee

shall be filled by the existing members of the committee. An

individual appointed by the committee to fill a vacancy serves

until the next national convention when the individual's successor

shall be elected for the unexpired term, if any, caused by the

vacancy.

(2) If the president is absent or the office of president is

vacant, the national vice president of the same service as the

president shall act as president.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1447.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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190104(a) 36:227(b) (1st June 30, 1950, ch. 431,

sentence 12th-14th Secs. 6, 7(a)-(d), 64 Stat.

words), (c). 313.

190104(b) 36:227(a), (d).

190104(c)( 36:226.

1)

190104(c)( 36:227(b) (1st

2) sentence 1st-14th

words, 32d-last

words).

190104(c)( 36:227(b) (1st

3) sentence 15th-31st

words).

190104(d)( 36:227(b) (2d, 3d

1) sentences).

190104(d)( 36:227(b) (last

2) sentence).

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In subsection (a), the first sentence is added for clarity and is

implied by 36:227(b) (12th-14th words).

In subsection (b), the text of 36:227(d) is omitted as obsolete.

In subsection (c)(3), the word "duly" is omitted as unnecessary.

In subsection (d)(1), the words "In the event of the death,

inability to serve, or resignation" are omitted as unnecessary.

In subsection (d)(2), the words "If the president is absent or

the office of president is vacant" are substituted for "in the

event of his death, inability to serve, resignation, or absence",

and the words "act as president" are substituted for "assume the

duties and have the powers of the president", to eliminate

unnecessary words.

-End-

-CITE-

36 USC Sec. 190105 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1901 - RESERVE OFFICERS ASSOCIATION OF THE UNITED STATES

-HEAD-

Sec. 190105. Powers

-STATUTE-

The corporation may -

(1) adopt and amend a constitution and bylaws;

(2) adopt and alter a corporate seal;

(3) adopt and alter emblems and badges;

(4) acquire, own, lease, encumber, and transfer property as

necessary to carry out the purposes of the corporation;

(5) publish a magazine, newspaper, and other publications;

(6) establish, regulate, and discontinue subordinate

departmental subdivisions and local chapters;

(7) sue and be sued; and

(8) do any other act necessary and proper to carry out the

purposes of the corporation.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1447.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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190105 36:224 (less June 30, 1950, ch. 431,

perpetual Secs. 4 (less perpetual

succession). succession), 8, 64 Stat.

313, 314.

36:228.

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In this section, the text of 36:228 is omitted as executed and

obsolete.

In clause (1), the words "not inconsistent with the laws of the

United States or of any State" are omitted as unnecessary.

Clause (4) is substituted for "acquire, hold, lease, and dispose

of such real and personal property as may be necessary to carry out

the corporate object and purpose" and "accept gifts, legacies, and

devises in furtherance of the corporate object and purpose" for

consistency in the revised title and to eliminate unnecessary

words.

In clause (8), the words "and all . . . and things" and "object"

are omitted as unnecessary.

-End-

-CITE-

36 USC Sec. 190106 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1901 - RESERVE OFFICERS ASSOCIATION OF THE UNITED STATES

-HEAD-

Sec. 190106. Exclusive right to name, seals, emblems, and badges

-STATUTE-

The corporation and its subordinate departmental subdivisions and

local chapters have the exclusive right to use the name "Reserve

Officers Association of the United States" and seals, emblems, and

badges the corporation adopts.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1448.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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190106 36:238. June 30, 1950, ch. 431, Sec.

18, 64 Stat. 315.

--------------------------------------------------------------------

The words "sole", "to have, and", "in carrying out its object and

purpose", and "lawfully" are omitted as unnecessary.

-End-

-CITE-

36 USC Sec. 190107 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1901 - RESERVE OFFICERS ASSOCIATION OF THE UNITED STATES

-HEAD-

Sec. 190107. Restrictions

-STATUTE-

(a) Profit. - The corporation may not engage in business for

profit.

(b) Stock. - The corporation may not issue stock.

(c) Political Activities. - The corporation or an officer or

member as such may not contribute to, support, or assist a

political party or candidate for public office.

(d) Distribution of Income or Assets. - The income or assets of

the corporation may not inure to the benefit of, or be distributed

to, an officer or member except on dissolution or final liquidation

of the corporation.

(e) Loans. - The corporation may not make a loan or advance to an

officer or member of the national executive committee. Members of

the national executive committee who vote for or assent to making a

loan or advance to an officer, and officers who participate in

making the loan or advance, are jointly and severally liable to the

corporation for the amount of the loan or advance until it is

repaid.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1448.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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190107(a), 36:229. June 30, 1950, ch. 431,

(b) Secs. 9, 10, 11 (words

before 2d comma), 14, 64

Stat. 314.

190107(c) 36:230.

190107(d) 36:231 (words

before 2d comma).

190107(e) 36:234.

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In subsection (a), the words "pecuniary" and "or gain" are

omitted as unnecessary.

In subsection (b), the word "capital" is omitted as unnecessary.

In subsection (d), the words "inure to the benefit of" are

substituted for "inure to" for consistency in the revised title.

In subsection (e), the words "or advance" are added in 2 places

for consistency in the subsection.

-End-

-CITE-

36 USC Sec. 190108 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1901 - RESERVE OFFICERS ASSOCIATION OF THE UNITED STATES

-HEAD-

Sec. 190108. Headquarters

-STATUTE-

The headquarters of the corporation shall be in the District of

Columbia.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1448.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

190108 36:236 (1st June 30, 1950, ch. 431, Sec.

sentence). 16 (1st sentence), 64 Stat.

315

--------------------------------------------------------------------

The word "national" is omitted as unnecessary.

-End-

-CITE-

36 USC Sec. 190109 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1901 - RESERVE OFFICERS ASSOCIATION OF THE UNITED STATES

-HEAD-

Sec. 190109. Records and inspection

-STATUTE-

(a) Records. - The corporation shall keep -

(1) correct and complete records of account;

(2) minutes of the proceedings of its national conventions,

national executive committee, and national council; and

(3) at its principal office, a record of the names and

addresses of its members entitled to vote.

(b) Inspection. - A member entitled to vote, or an agent or

attorney of the member, may inspect the records of the corporation

for any proper purpose, at any reasonable time.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1448.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

190109 36:233. June 30, 1950, ch. 431, Sec.

13, 64 Stat. 314.

--------------------------------------------------------------------

In this section, the word "records" is substituted for "books and

records" for consistency in the revised title and with other titles

of the United States Code.

In subsection (a)(1), the word "correct" is substituted for

"current" for consistency in the revised title.

-End-

-CITE-

36 USC Sec. 190110 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1901 - RESERVE OFFICERS ASSOCIATION OF THE UNITED STATES

-HEAD-

Sec. 190110. Service of process

-STATUTE-

(a) District of Columbia. - The corporation shall have a

designated agent in the District of Columbia to receive service of

process for the corporation. Notice to or service on the agent is

notice to or service on the corporation.

(b) States, Territories, and Possessions. - As a condition to the

exercise of any power or privilege granted by this chapter, the

corporation shall file, with the secretary of state or other

designated official of each State, territory, or possession of the

United States in which a subordinate department or local chapter is

organized, the name and address of an agent in that State,

territory, or possession on whom legal process or demands against

the corporation may be served.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1448.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

190110(a) 36:236 (2d, last June 30, 1950, ch. 431,

sentences). Secs. 16 (2d, last

sentences), 17, 64 Stat. 315.

190110(b) 36:237.

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In subsection (b), the words "precedent" and "or conferred" are

omitted as unnecessary. The words "with the secretary of state or

other designated official" are substituted for "in the office of

the secretary of state, or similar officer" for consistency in the

revised title. The words "post office" are omitted as unnecessary.

-End-

-CITE-

36 USC Sec. 190111 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1901 - RESERVE OFFICERS ASSOCIATION OF THE UNITED STATES

-HEAD-

Sec. 190111. Liability for acts of officers and agents

-STATUTE-

The corporation is liable for the acts of its officers and agents

acting within the scope of their authority.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1449.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

190111 36:232. June 30, 1950, ch. 431, Sec.

12, 64 Stat. 314.

--------------------------------------------------------------------

-End-

-CITE-

36 USC Sec. 190112 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1901 - RESERVE OFFICERS ASSOCIATION OF THE UNITED STATES

-HEAD-

Sec. 190112. Distribution of assets on dissolution or final

liquidation

-STATUTE-

On dissolution or final liquidation of the corporation, any

assets remaining after the discharge of all liabilities shall be

divided equally among the then active officers and members.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1449.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

190112 36:231 (words after June 30, 1950, ch. 431, Sec.

2d comma). 11 (words after 2d comma),

64 Stat. 314.

--------------------------------------------------------------------

The word "satisfaction" is omitted as included in "discharge",

and the word "obligations" is omitted as included in "liabilities".

The word "outstanding" is omitted as unnecessary.

-End-