US (United States) Code. Title 36. Subtitle II. Part B. Chapter 1303: Legion of Valor of the USA (United States of America), inc

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

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  • País: Estados Unidos Estados Unidos
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publicidad

-CITE-

36 USC CHAPTER 1303 - LEGION OF VALOR OF THE UNITED

STATES OF AMERICA, INCORPORATED 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1303 - LEGION OF VALOR OF THE UNITED STATES OF AMERICA,

INCORPORATED

-HEAD-

CHAPTER 1303 - LEGION OF VALOR OF THE UNITED STATES OF AMERICA,

INCORPORATED

-MISC1-

Sec.

130301. Organization.

130302. Principles and purposes.

130303. Membership.

130304. Governing body.

130305. Powers.

130306. Restrictions.

130307. Principal office.

130308. Records and inspection.

130309. Service of process.

130310. Liability for acts of officers and agents.

130311. Distribution of assets on dissolution or final

liquidation.

-End-

-CITE-

36 USC Sec. 130301 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1303 - LEGION OF VALOR OF THE UNITED STATES OF AMERICA,

INCORPORATED

-HEAD-

Sec. 130301. Organization

-STATUTE-

(a) Federal Charter. - Legion of Valor of the United States of

America, Incorporated (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.

(d) References to Army and Navy Legion of Valor of the United

States of America, Incorporated. - Any reference to the Army and

Navy Legion of Valor of the United States of America, Incorporated,

is deemed to refer to the Legion of Valor of the United States of

America, Incorporated.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1374.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

130301(a) 36:631 (related to Aug. 4, 1955, ch. 546, Secs.

creation and 1, 2, 4(1), 69 Stat. 486,

declaration of 487.

incorporation).

36:632.

130301(b) 36:631 (related to

place of

incorporation and

domicile).

130301(c) 36:631 (related to

perpetual

succession).

36:634(1).

130301(d) 36:648. June 21, 1961, Pub. L.

87-56, Sec. 1, 75 Stat. 95.

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

This section is substituted for the source provisions for

consistency in the revised title and to eliminate executed and

unnecessary words.

In subsection (a), the text of 36:632 is omitted as executed and

obsolete.

In subsection (d), the words "The corporation known as the Army

and Navy Legion of Valor of the United States of America,

Incorporated, which was incorporated by the Act entitled 'An Act to

Incorporate the Army and Navy Legion of Valor of the United States

of America', approved August 4, 1955 (69 Stat. 486), shall be known

and designated on and after June 21, 1961 as the Legion of Valor of

the United States of America, Incorporated, and" are omitted as

executed. The words "such corporation under the name of" and "such

corporation under and by the name of" are omitted as unnecessary.

The words "is deemed" are substituted for "shall be held" for

consistency in the revised title.

-End-

-CITE-

36 USC Sec. 130302 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1303 - LEGION OF VALOR OF THE UNITED STATES OF AMERICA,

INCORPORATED

-HEAD-

Sec. 130302. Principles and purposes

-STATUTE-

(a) Principles. - The principles underlying the corporation are

patriotic allegiance to the United States of America, fidelity to

the constitution and laws of the United States, the security of

civil liberty, and the permanence of free institutions.

(b) Purposes. - The purposes of the corporation are -

(1) to cherish the memories of the valiant deeds in arms for

which the Congressional Medal of Honor, the Distinguished Service

Cross, the Navy Cross, and the Air Force Cross are the insignia;

(2) to promote true fellowship among its members;

(3) to advance the best interests of members of the Armed

Forces of the United States of America;

(4) to extend all possible relief to needy members of the

corporation and their widows and children; and

(5) to stimulate patriotism in the minds of our youth by

encouraging the study of the patriotic, military, and naval

history of our Nation.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1374.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

130302 36:633. Aug. 4, 1955, ch. 546, Sec.

3, 69 Stat. 487; June 21,

1961, Pub. L. 87-56, Sec. 2,

75 Stat. 95.

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

In subsection (b), the word "purposes" is substituted for

"objects" for consistency in the revised title. The words "Navy

Cross" are restated before "Air Force Cross" in accordance with the

order preferred by the Legion of Valor of the United States of

America, Incorporated.

-End-

-CITE-

36 USC Sec. 130303 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1303 - LEGION OF VALOR OF THE UNITED STATES OF AMERICA,

INCORPORATED

-HEAD-

Sec. 130303. Membership

-STATUTE-

(a) Eligibility. - An individual is eligible for active

membership in the corporation if the individual -

(1) is of good moral character; and

(2) has received a Congressional Medal of Honor, a

Distinguished Service Cross, a Navy Cross, or an Air Force Cross

awarded for acts of extraordinary heroism in connection with

military or naval operations against an armed enemy, or for

heroism of a specially distinguished character, as a member of

the Armed Forces of the United States or any foreign country.

(b) Extension of Eligibility to Parents and Descendants. - The

corporation may extend eligibility for membership, either active or

associate, to parents and lineal descendants of an individual

described in subsection (a) of this section on terms provided in

its constitution and bylaws.

(c) Voting. - Each member (except an associate 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. 1374.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

130303 36:636. Aug. 4, 1955, ch. 546, Sec.

6, 69 Stat. 488; June 21,

1961, Pub. L. 87-56, Sec. 2,

75 Stat. 95.

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

In subsection (a)(2), the words "has received" are substituted

for "who have received or who may hereafter receive" to eliminate

unnecessary words. The words "Navy Cross" are restated before "Air

Force Cross" in accordance with the order preferred by the Legion

of Valor of the United States of America, Incorporated. The words

"as a member" are substituted for "are, have been, or may become

members . . . of whatever rank" for clarity and to eliminate

unnecessary words.

In subsection (b), the words "on terms" are substituted for

"under such conditions and upon such terms" to eliminate

unnecessary words.

In subsection (c), the words "the right to" are omitted as

unnecessary.

The text of 36:636(d) is omitted as obsolete.

-End-

-CITE-

36 USC Sec. 130304 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1303 - LEGION OF VALOR OF THE UNITED STATES OF AMERICA,

INCORPORATED

-HEAD-

Sec. 130304. Governing body

-STATUTE-

(a) Board of Directors. - (1) The board of directors is the

governing body of the corporation. Between meetings of the

corporation, the board is responsible for the general policies and

program of the corporation. The board is responsible for all funds

of the corporation.

(2) The number of directors, their manner of selection (including

the filling of vacancies), and their term of office are as provided

in the constitution and bylaws of the corporation. However, the

board shall have at least 10 directors.

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

commander, a senior vice commander, a junior vice commander, a

chaplain, an adjutant and quartermaster, a judge advocate, an

inspector, a surgeon, a historian, and any aides-de-camp provided

in the constitution and bylaws.

(2) The manner of election, term of office, and duties of the

officers are as provided in the constitution and bylaws.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1375.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

130304(a) 36:637. Aug. 4, 1955, ch. 546, Secs.

7, 8, 69 Stat. 488.

130304(b) 36:638.

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

In subsection (a), the text of 36:637(a) and the word

"Thereafter" in 36:637(b) are omitted as executed and obsolete. In

paragraph (1), the word "funds" is substituted for "finances" for

consistency in the revised title.

-End-

-CITE-

36 USC Sec. 130305 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1303 - LEGION OF VALOR OF THE UNITED STATES OF AMERICA,

INCORPORATED

-HEAD-

Sec. 130305. 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) make contracts;

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

necessary or convenient to carry out the purposes of the

corporation;

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

its obligations by granting security interests in its property;

(6) charge and collect membership dues; and

(7) sue and be sued.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1375.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Section

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

130305 36:634(2)-(9). Aug. 4, 1955, ch. 546, Secs.

4(2)-(9), 16, 69 Stat. 487,

490.

36:646.

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

In this section, the text of 36:646 is omitted as executed and

obsolete.

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

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

States or 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 (3), the words "make contracts" are substituted for

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

title.

Clause (4) is substituted for "to take by lease, gift, purchase,

grant, devise, or bequest from any private corporation,

association, partnership, firm, or individual and to hold any

property, real, personal, or mixed, necessary or convenient for

attaining the objects and carrying into effect the purposes of the

corporation" and "to 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 (5), 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.

-End-

-CITE-

36 USC Sec. 130306 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1303 - LEGION OF VALOR OF THE UNITED STATES OF AMERICA,

INCORPORATED

-HEAD-

Sec. 130306. Restrictions

-STATUTE-

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

declare or pay a dividend.

(b) Political Activities. - The corporation or a director or

officer as such may not contribute to, support, or assist 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, a director, officer, or member except on dissolution or final

liquidation of the corporation. This subsection does not prevent

the payment of compensation to an officer in an amount approved by

the executive committee of the corporation.

(d) Loans. - The corporation may not make a loan to a director,

officer, or employee. Directors who vote for or assent to making a

loan to a director, officer, or employee, and officers who

participate in making the loan, are jointly and severally liable to

the corporation for the amount of the loan until it is repaid.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1375.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

130306(a) 36:642. Aug. 4, 1955, ch. 546, Secs.

9, 10, 12, 69 Stat. 489.

130306(b) 36:640.

130306(c) 36:639(a).

130306(d) 36:639(b).

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

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

unnecessary.

In subsection (b), the words "or otherwise" are omitted as

unnecessary.

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

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

The words "as provided in section 645 of this title" are omitted as

unnecessary. 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. The reference to the "executive

committee of the corporation" is retained although 36:637 and

36:638 do not create an executive committee.

-End-

-CITE-

36 USC Sec. 130307 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1303 - LEGION OF VALOR OF THE UNITED STATES OF AMERICA,

INCORPORATED

-HEAD-

Sec. 130307. Principal office

-STATUTE-

The principal office of the corporation shall be in a place

decided by the board of directors. 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. 1376.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

130307 36:635(a). Aug. 4, 1955, ch. 546, Sec.

5(a), 69 Stat. 487.

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

The words "a place decided" are substituted for "Pittsburgh,

Pennsylvania, or in such other place as may later be determined",

and the word "various" is omitted, to eliminate unnecessary words.

-End-

-CITE-

36 USC Sec. 130308 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1303 - LEGION OF VALOR OF THE UNITED STATES OF AMERICA,

INCORPORATED

-HEAD-

Sec. 130308. Records and inspection

-STATUTE-

(a) Records. - The corporation shall keep -

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of

directors, and committees having any of the authority of its

board of directors; 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. 1376.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

130308 36:643. Aug. 4, 1955, ch. 546, Sec.

13, 69 Stat. 489.

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

The word "records" is substituted for "books and records" for

consistency in the revised title and to eliminate unnecessary

words.

-End-

-CITE-

36 USC Sec. 130309 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1303 - LEGION OF VALOR OF THE UNITED STATES OF AMERICA,

INCORPORATED

-HEAD-

Sec. 130309. 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. 1376.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

130309 36:635(b). Aug. 4, 1955, ch. 546, Sec.

5(b), 69 Stat. 488.

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

-End-

-CITE-

36 USC Sec. 130310 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1303 - LEGION OF VALOR OF THE UNITED STATES OF AMERICA,

INCORPORATED

-HEAD-

Sec. 130310. 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. 1376.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

130310 36:641. Aug. 4, 1955, ch. 546, Sec.

11, 69 Stat. 489.

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

-End-

-CITE-

36 USC Sec. 130311 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1303 - LEGION OF VALOR OF THE UNITED STATES OF AMERICA,

INCORPORATED

-HEAD-

Sec. 130311. 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 board of directors, but in

compliance with the constitution and bylaws of the corporation.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1376.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

130311 36:645. Aug. 4, 1955, ch. 546, Sec.

15, 69 Stat. 490.

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

The words "dissolution or final liquidation" are substituted for

"final dissolution or liquidation" for consistency in the revised

title. 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. The

words "all Federal and State laws applicable thereto" are omitted

as unnecessary.

-End-