US (United States) Code. Title 36. Subtitle II. Part B. Chapter 301: Big Brothers-Big Sisters of America

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

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

-CITE-

36 USC CHAPTER 301 - BIG BROTHERS - BIG SISTERS OF

AMERICA 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 301 - BIG BROTHERS - BIG SISTERS OF AMERICA

-HEAD-

CHAPTER 301 - BIG BROTHERS - BIG SISTERS OF AMERICA

-MISC1-

Sec.

30101. Organization.

30102. Purposes.

30103. Membership.

30104. Governing body.

30105. Powers.

30106. Exclusive right to names, seals, emblems, and badges.

30107. Restrictions.

30108. Principal office.

30109. Records and inspection.

30110. Service of process.

30111. Liability for acts of officers and agents.

30112. Distribution of assets on dissolution or final

liquidation.

-End-

-CITE-

36 USC Sec. 30101 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 301 - BIG BROTHERS - BIG SISTERS OF AMERICA

-HEAD-

Sec. 30101. Organization

-STATUTE-

(a) Federal Charter. - Big Brothers - Big Sisters of America (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. 1314.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

30101 36:881. Sept. 2, 1958, Pub. L.

85-870, Sec. 1, 72 Stat.

1691; Nov. 11, 1977, Pub. L.

95-167, Sec. 1(a), 91 Stat.

1347.

36:882. Sept. 2, 1958, Pub. L.

85-870, Secs. 2, 4(1), 72

Stat. 1691.

36:884(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 36:881(b) is omitted as unnecessary

because of the restatement.

The text of 36:882 is omitted as executed and obsolete.

-End-

-CITE-

36 USC Sec. 30102 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 301 - BIG BROTHERS - BIG SISTERS OF AMERICA

-HEAD-

Sec. 30102. Purposes

-STATUTE-

The purposes of the corporation are -

(1) to assist individuals throughout the United States in

solving their social and economic problems and in their health

and educational and character development;

(2) to promote the use, by other lay and professional agencies

and workers, of the techniques of that assistance developed by

the corporation; and

(3) to receive, invest, and disburse funds and hold property

for the purposes of the corporation.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1314.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

30102 36:883. Sept. 2, 1958, Pub. L.

85-870, Sec. 3, 72 Stat.

1691; Nov. 11, 1977, Pub. L.

95-167, Sec. 1(b), 91 Stat.

1347.

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

In clause (1), the words "aid" and "of America" are omitted as

unnecessary.

Clause (2) is substituted for "to promote the use of the

techniques of such assistance developed by the corporation, by

other lay and professional agencies and workers" for clarity.

-End-

-CITE-

36 USC Sec. 30103 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 301 - BIG BROTHERS - BIG SISTERS OF AMERICA

-HEAD-

Sec. 30103. Membership

-STATUTE-

(a) Eligibility. - 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.

(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. 1315.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

30103 36:886. Sept. 2, 1958, Pub. L.

85-870, Sec. 6, 72 Stat.

1692.

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

In subsection (a), 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 and to eliminate

unnecessary words.

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

unnecessary.

-End-

-CITE-

36 USC Sec. 30104 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 301 - BIG BROTHERS - BIG SISTERS OF AMERICA

-HEAD-

Sec. 30104. Governing body

-STATUTE-

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

governing body of the corporation. The powers, duties, and

responsibilities of the board are as provided in the constitution

and bylaws of the corporation.

(2) The number of directors is as provided in the constitution.

Their manner of selection (including the filling of vacancies) and

their term of office are as provided in the constitution and

bylaws.

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

chairman of the board of directors, a president, one or more vice

presidents as provided in the constitution and bylaws, a secretary,

and a treasurer.

(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. 1315.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

30104(a) 36:887. Sept. 2, 1958, Pub. L.

85-870, Sec. 7, 72 Stat.

1692; Nov. 11, 1977, Pub. L.

95-167, Sec. 1(d), 91 Stat.

1347.

30104(b) 36:888. Sept. 2, 1958, Pub. L.

85-870, Sec. 8, 72 Stat.

1693.

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

In subsection (a), the text of 36:887(a) is omitted as executed

and obsolete. In paragraph (1), the word "governing" is substituted

for "managing" for consistency in the revised title.

-End-

-CITE-

36 USC Sec. 30105 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 301 - BIG BROTHERS - BIG SISTERS OF AMERICA

-HEAD-

Sec. 30105. 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;

and

(7) sue and be sued.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1315.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

30105 36:884(2)-(9). Sept. 2, 1958, Pub. L.

85-870, Sec. 4(2)-(9), 72

Stat. 1691.

36:896. Sept. 2, 1958, Pub. L.

85-870, Sec. 16, 72 Stat.

1695; Nov. 11, 1977, Pub. L.

95-167, Sec. 1(f), 91 Stat.

1347.

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

In this section, the text of 36:896 is omitted as executed and

obsolete.

In clause (1), the words "and alter" and "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 word "activities" is substituted for

"business" for consistency in the revised title.

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

"contract and be contracted with" to eliminate unnecessary words.

Clause (5) is substituted for "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 "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 "instruments of indebtedness" are

substituted for "bonds" for consistency in the revised title. The

words "secure its obligations by granting security interests in its

property" are substituted for "secure the same by mortgage, deed of

trust, pledge, or otherwise" to eliminate unnecessary words. The

words "for the purposes of the corporation", "therefor", and

"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. 30106 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 301 - BIG BROTHERS - BIG SISTERS OF AMERICA

-HEAD-

Sec. 30106. Exclusive right to names, seals, emblems, and badges

-STATUTE-

The corporation and its subordinate divisions have the exclusive

right to use the names "The Big Brothers of America, Big Sisters

International, Incorporated", "Big Sisters of America", "Big

Brothers", "Big Sisters", "Big Brothers - Big Sisters of America",

and "Big Sisters - Big Brothers", and 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. 1315.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

30106 36:895. Sept. 2, 1958, Pub. L.

85-870, Sec. 15, 72 Stat.

1694; Nov. 11, 1977, Pub. L.

95-167, Sec. 1(e), 91 Stat.

1347.

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

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

"or refuse" are omitted as unnecessary. The words "the corporation

adopts" are substituted for "as have heretofore been used by the

predecessor New York corporation, Big Brothers of America,

Incorporated, described in section 896(a) of this title, and by the

District of Columbia corporation, Big Sisters International,

Incorporated, described in section 896(b) of this title, and the

right to which may be transferred to the corporation" for

consistency in the revised title.

-End-

-CITE-

36 USC Sec. 30107 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 301 - BIG BROTHERS - BIG SISTERS OF AMERICA

-HEAD-

Sec. 30107. 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 as such 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 in an amount approved by the board of directors.

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

director, officer, or employee. Directors who vote for or assent to

making a loan or advance to a director, 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. 1315.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

30107(a) 36:892. Sept. 2, 1958, Pub. L.

85-870, Secs. 9, 10, 12, 72

Stat. 1693, 1694.

30107(b) 36:890.

30107(c) 36:889(a).

30107(d) 36:889(b).

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

In subsection (a), the words "any shares of" 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.

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

for consistency in the subsection.

-End-

-CITE-

36 USC Sec. 30108 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 301 - BIG BROTHERS - BIG SISTERS OF AMERICA

-HEAD-

Sec. 30108. Principal office

-STATUTE-

The principal office of the corporation shall be in Philadelphia,

Pennsylvania, or another 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. 1316.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

30108 36:885(a). Sept. 2, 1958, Pub. L.

85-870, Sec. 5(a), 72 Stat.

1692; Nov. 11, 1977, Pub. L.

95-167, Sec. 1(c), 91 Stat.

1347.

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

The word "various" is omitted as unnecessary.

-End-

-CITE-

36 USC Sec. 30109 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 301 - BIG BROTHERS - BIG SISTERS OF AMERICA

-HEAD-

Sec. 30109. 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. 1316.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

30109 36:893. Sept. 2, 1958, Pub. L.

85-870, Sec. 13, 72 Stat.

1694.

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

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

consistency in the revised title and with other titles of the

United States Code.

-End-

-CITE-

36 USC Sec. 30110 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 301 - BIG BROTHERS - BIG SISTERS OF AMERICA

-HEAD-

Sec. 30110. 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. 1316.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

30110 36:885(b). Sept. 2, 1958, Pub. L.

85-870, Sec. 5(b), 72 Stat.

1692.

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

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

-End-

-CITE-

36 USC Sec. 30111 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 301 - BIG BROTHERS - BIG SISTERS OF AMERICA

-HEAD-

Sec. 30111. 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. 1316.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

30111 36:891. Sept. 2, 1958, Pub. L.

85-870, Sec. 11, 72 Stat.

1694.

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

-End-

-CITE-

36 USC Sec. 30112 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 301 - BIG BROTHERS - BIG SISTERS OF AMERICA

-HEAD-

Sec. 30112. 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. 1316.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

30112 36:897. Sept. 2, 1958, Pub. L.

85-870, Sec. 17, 72 Stat.

1695.

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

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

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

The words "outstanding" and "all Federal and State laws applicable

thereto" are omitted as unnecessary.

-End-