US (United States) Code. Title 36. Subtitle II. Part B. Chapter 1301: Ladies of The Grand Army of The Republic

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Patriotic and national observances, ceremonies, and organizations

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  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 19 páginas
publicidad

-CITE-

36 USC CHAPTER 1301 - LADIES OF THE GRAND ARMY OF THE

REPUBLIC 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1301 - LADIES OF THE GRAND ARMY OF THE REPUBLIC

-HEAD-

CHAPTER 1301 - LADIES OF THE GRAND ARMY OF THE REPUBLIC

-MISC1-

Sec.

130101. Organization.

130102. Purposes.

130103. Membership.

130104. Governing body.

130105. Powers.

130106. Exclusive right to name, seals, emblems, and badges.

130107. Restrictions.

130108. Principal office.

130109. Records and inspection.

130110. Service of process.

130111. Liability for acts of officers and agents.

130112. Annual report.

130113. Distribution of assets on dissolution or final

liquidation.

-End-

-CITE-

36 USC Sec. 130101 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1301 - LADIES OF THE GRAND ARMY OF THE REPUBLIC

-HEAD-

Sec. 130101. Organization

-STATUTE-

(a) Federal Charter. - Ladies of the Grand Army of the Republic

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

corporation.

(b) Place of Incorporation and Domicile. - The corporation is

declared to be incorporated and domiciled in the District of

Columbia.

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

corporation has perpetual existence.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1371.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Section

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

130101 36:78. June 17, 1959, Pub. L.

86-47, Secs. 1, 2, 4(1), 73

Stat. 76, 77.

36:78a.

36:78c(1).

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

This section is substituted for the source provisions for

consistency in the revised title and to eliminate executed and

unnecessary words. The text of 36:78a is omitted as executed and

obsolete.

-End-

-CITE-

36 USC Sec. 130102 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1301 - LADIES OF THE GRAND ARMY OF THE REPUBLIC

-HEAD-

Sec. 130102. Purposes

-STATUTE-

The purposes of the corporation are -

(1) to perpetuate the memory of the Grand Army of the Republic

and of the men who saved the Union in 1861 to 1865;

(2) to assist in every practicable way in preserving, and

making available for research, documents and records pertaining

to the Grand Army of the Republic and its members;

(3) to cooperate in doing honor to all those who have served

our country patriotically in any way;

(4) to teach patriotism, the duties of citizenship, the true

history of our country, and the love and honor of our flag;

(5) to oppose every tendency or movement that would weaken

loyalty to, destroy, or impair our constitutional Union; and

(6) to inculcate and broadly sustain the American principles of

representative government, equal rights, and impartial justice

for all.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1371.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Section

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

130102 36:78b. June 17, 1959, Pub. L.

86-47, Sec. 3, 73 Stat. 77.

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

In clause (5), the words "destroy, or impair" are substituted for

"make for the destruction or impairment of" to eliminate

unnecessary words.

-End-

-CITE-

36 USC Sec. 130103 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1301 - LADIES OF THE GRAND ARMY OF THE REPUBLIC

-HEAD-

Sec. 130103. Membership

-STATUTE-

(a) Eligibility. - (1) Except as provided in this chapter,

eligibility for membership in the corporation and the rights,

privileges, and designation of classes of members are as provided

in the constitution and bylaws of the corporation.

(2) Eligibility for membership is limited to female blood

relatives of an individual who -

(A) served at any time during the period April 12, 1861,

through April 9, 1865, as a soldier or sailor in -

(i) the United States Army, Navy, Marine Corps, or

Revenue-Cutter Service; or

(ii) a State regiment that was called into active service and

was subject to orders of United States general officers during

that period; and

(B) was honorably discharged from, or died in, that service.

(b) Voting. - Each member has one vote on each matter submitted

to a vote at a meeting of the members.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1371.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Section

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

130103 36:78d. June 17, 1959, Pub. L.

86-47, Sec. 5, 73 Stat. 78.

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

In subsection (a)(1), the words "are as provided in the

constitution and bylaws of the corporation" are substituted for

"shall . . . be determined as the constitution and bylaws of the

corporation may provide" for consistency in the revised title.

In subsection (a)(2)(A), the words "at any time" are added for

clarity.

-End-

-CITE-

36 USC Sec. 130104 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1301 - LADIES OF THE GRAND ARMY OF THE REPUBLIC

-HEAD-

Sec. 130104. Governing body

-STATUTE-

(a) National Convention. - (1) The national convention is the

supreme governing authority of the corporation.

(2) The national convention is composed of officers and elected

representatives from the States and other local subdivisions of the

corporation as provided in the constitution and bylaws. However,

the form of government of the corporation must be representative of

the membership at large and may not permit concentration of control

in a limited number of members or in a self-perpetuating group not

representative of the membership at large.

(3) The meetings of the national convention may be held in the

District of Columbia or in any State, territory, or possession of

the United States.

(b) Officers. - The titles, manner of selection, term of office,

and duties of the officers are as provided in the constitution and

bylaws of the corporation.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1372.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Section

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

130104(a) 36:78e. June 17, 1959, Pub. L.

86-47, Secs. 6, 7, 73 Stat.

78.

130104(b) 36:78f.

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

In subsection (a)(2), the words "several", "always", "thereof",

and "the hands of" are omitted as unnecessary.

In subsection (a)(3), the words "State, territory, or possession

of the United States" are substituted for "State or Territory" for

consistency in the revised title and with other titles of the

United States Code.

-End-

-CITE-

36 USC Sec. 130105 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1301 - LADIES OF THE GRAND ARMY OF THE REPUBLIC

-HEAD-

Sec. 130105. Powers

-STATUTE-

The corporation may -

(1) adopt and amend a constitution and bylaws for the

management of its property and the regulation of its affairs;

(2) adopt and alter a corporate seal;

(3) choose officers, managers, agents, and employees as the

activities of the corporation require;

(4) make contracts;

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

necessary or convenient to carry out the purposes of the

corporation;

(6) borrow money, issue instruments of indebtedness, and secure

its obligations by granting security interests in its property;

(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. 1372.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Section

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

130105 36:78c(2)-(10). June 17, 1959, Pub. L.

86-47, Sec. 4(2)-(10), 73

Stat. 77.

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

In clause (1), the word "alter" is omitted as included in

"amend". The words "not inconsistent with the laws of the United

States or of any State in which the corporation is to operate" are

omitted as unnecessary.

In clause (2), the word "use" is omitted as unnecessary.

In clause (4), the words "make contracts" are substituted for

"contract and be contracted with" for consistency in the revised

title and to eliminate unnecessary words.

Clause (5) is substituted for "take by lease, gift, purchase,

grant, devise, or bequest from any public body or agency or any

private corporation, association, partnership, firm, or individual

and to hold absolutely or in trust for any of the purposes of the

corporation any property, real, personal, or mixed, necessary or

convenient for attaining the objects and carrying into effect the

purposes of the corporation" and "transfer, convey, lease,

sublease, encumber and otherwise alienate real, personal, or mixed

property" for consistency in the revised title and to eliminate

unnecessary words. The words "subject, however, to applicable

provisions of law of any State (A) governing the amount or kind of

property which may be held by, or (B) otherwise limiting or

controlling the ownership of property by, a corporation operating

in such State" are omitted as unnecessary.

In clause (6), the words "for the purposes of the corporation"

are omitted as unnecessary. The words "issue instruments of

indebtedness, and secure its obligations by granting security

interests in its property" are substituted for "issue bonds

therefor, and secure the same by mortgage, deed of trust, pledge or

otherwise" for consistency in the revised title. The words "subject

in every case to all applicable provisions of Federal and State

laws" are omitted as unnecessary.

In clause (7), the words "complain and defend in any court of

competent jurisdiction" are omitted as unnecessary.

In clause (8), the words "any other act" are substituted for "any

and all acts and things" for consistency in the revised title and

to eliminate unnecessary words. The word "objects" is omitted as

included in "purposes".

-End-

-CITE-

36 USC Sec. 130106 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1301 - LADIES OF THE GRAND ARMY OF THE REPUBLIC

-HEAD-

Sec. 130106. Exclusive right to name, seals, emblems, and badges

-STATUTE-

The corporation and its subordinate divisions have the exclusive

right to use the name "Ladies of the Grand Army of the Republic".

The corporation has the exclusive right to use and to allow others

to use seals, emblems, and badges the corporation adopts.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1372.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

130106 36:78o. June 17, 1959, Pub. L.

86-47, Sec. 16, 73 Stat. 79.

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

The word "sole" is omitted as included in "exclusive". The words

"allow others to use" are substituted for "allow or refuse the use

of", and the words "the corporation adopts" are substituted for "as

have heretofore been used by the Ladies of the Grand Army of the

Republic", for consistency in the revised title.

-End-

-CITE-

36 USC Sec. 130107 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1301 - LADIES OF THE GRAND ARMY OF THE REPUBLIC

-HEAD-

Sec. 130107. Restrictions

-STATUTE-

(a) Stock and Dividends. - The corporation may not issue stock or

declare or pay a dividend.

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

agent as such may not contribute to a political party or candidate

for public office.

(c) 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 during the life of the corporation or on

its dissolution or final liquidation. This subsection does not

prevent the payment of compensation to an officer or reimbursement

for actual necessary expenses in amounts approved by the council of

administration of the corporation.

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

officer or employee. Members of the council of administration who

vote for or assent to making a loan or advance to an officer or

employee, 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. 1372.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

130107(a) 36:78k. June 17, 1959, Pub. L.

86-47, Secs. 9, 10, 12, 73

Stat. 78, 79.

130107(b) 36:78i.

130107(c) 36:78h(a).

130107(d) 36:78h(b).

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

In subsection (a), the words "any shares of" are omitted as

unnecessary.

In subsections (c) and (d), the reference to the "council of

administration" is retained although there is no council of

administration created by 36:78e or 36:78f.

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

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

The words "This subsection does not prevent" are substituted for

"Nothing in this subsection, however, shall be construed to

prevent" for consistency in the revised title and to eliminate

unnecessary words.

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

for consistency in the subsection.

-End-

-CITE-

36 USC Sec. 130108 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1301 - LADIES OF THE GRAND ARMY OF THE REPUBLIC

-HEAD-

Sec. 130108. Principal office

-STATUTE-

The principal office of the corporation shall be in the District

of Columbia or another place decided by the corporation. However,

the activities of the corporation are not confined to the place

where the principal office is located but may be conducted

throughout the States, territories, and possessions of the United

States.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1373.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

130108 36:78g(a). June 17, 1959, Pub. L.

86-47, Sec. 8(a), 73 Stat.

78.

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

The word "various" is omitted as unnecessary.

-End-

-CITE-

36 USC Sec. 130109 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1301 - LADIES OF THE GRAND ARMY OF THE REPUBLIC

-HEAD-

Sec. 130109. Records and inspection

-STATUTE-

(a) Records. - The corporation shall keep -

(1) correct and complete records of account; and

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

council of administration.

(b) Inspection. - A member, 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. 1373.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

130109 36:78l. June 17, 1959, Pub. L.

86-47, Sec. 13, 73 Stat. 79.

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

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

records" for consistency in the revised title and to eliminate

unnecessary words.

In subsection (a)(2), the reference to the "council of

administration" is retained although there is no council of

administration created by 36:78e or 36:78f.

-End-

-CITE-

36 USC Sec. 130110 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1301 - LADIES OF THE GRAND ARMY OF THE REPUBLIC

-HEAD-

Sec. 130110. Service of process

-STATUTE-

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, or mailed to the business address of

the agent, is notice to or service on the corporation.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1373.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

130110 36:78g(b). June 17, 1959, Pub. L.

86-47, Sec. 8(b), 73 Stat.

78.

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

The words "at all times" are omitted as unnecessary. The words

"to receive" are substituted for "authorized to accept" for

consistency in the revised title.

-End-

-CITE-

36 USC Sec. 130111 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1301 - LADIES OF THE GRAND ARMY OF THE REPUBLIC

-HEAD-

Sec. 130111. 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. 1373.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

130111 36:78j. June 17, 1959, Pub. L.

86-47, Sec. 11, 73 Stat. 79.

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

-End-

-CITE-

36 USC Sec. 130112 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1301 - LADIES OF THE GRAND ARMY OF THE REPUBLIC

-HEAD-

Sec. 130112. Annual report

-STATUTE-

Not later than March 1 of each year, the corporation shall submit

a report to Congress on the activities of the corporation during

the prior fiscal year. The report may consist of a report on the

proceedings of the national convention. The report may not be

printed as a public document.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1373.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

130112 36:78n. June 17, 1959, Pub. L.

86-47, Sec. 15, 73 Stat. 79.

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

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of reporting provisions

in this section, see section 3003 of Pub. L. 104-66, as amended,

set out as a note under section 1113 of Title 31, Money and

Finance, and page 201 of House Document No. 103-7.

-End-

-CITE-

36 USC Sec. 130113 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1301 - LADIES OF THE GRAND ARMY OF THE REPUBLIC

-HEAD-

Sec. 130113. 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

distributed as provided by the council of administration, but in

compliance with the constitution and bylaws of the corporation.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1373.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

130113 36:78p. June 17, 1959, Pub. L.

86-47, Sec. 17, 73 Stat. 80.

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

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. The words "as

provided by" are substituted for "in accordance with the

determination of" for consistency in the revised title and to

eliminate unnecessary words. The reference to the "council of

administration" is retained although there is no council of

administration created by 36:78e or 36:78f. The words "all Federal

and State laws applicable thereto" are omitted as unnecessary.

-End-