US (United States) Code. Title 36. Subtitle II. Part B. Chapter 303: Blinded Veterans Association

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
  • 18 páginas
publicidad

-CITE-

36 USC CHAPTER 303 - BLINDED VETERANS ASSOCIATION 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 303 - BLINDED VETERANS ASSOCIATION

-HEAD-

CHAPTER 303 - BLINDED VETERANS ASSOCIATION

-MISC1-

Sec.

30301. Organization.

30302. Purposes.

30303. Membership.

30304. Governing body.

30305. Powers.

30306. Exclusive right to name, seals, emblems, and badges.

30307. Restrictions.

30308. Principal office.

30309. Records and inspection.

30310. Service of process.

30311. Liability for acts of officers and agents.

30312. Distribution of assets on dissolution or final

liquidation.

-End-

-CITE-

36 USC Sec. 30301 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 303 - BLINDED VETERANS ASSOCIATION

-HEAD-

Sec. 30301. Organization

-STATUTE-

(a) Federal Charter. - Blinded Veterans Association (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. 1317.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Section

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

30301 36:851. Aug. 27, 1958, Pub. L.

85-769, Secs. 1, 2, 72 Stat.

922.

36:852.

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

This section is substituted for the source provision for

consistency in the revised title and to eliminate unnecessary and

executed words.

The text of 36:852 is omitted as executed and obsolete.

-End-

-CITE-

36 USC Sec. 30302 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 303 - BLINDED VETERANS ASSOCIATION

-HEAD-

Sec. 30302. Purposes

-STATUTE-

The purposes of the corporation are -

(1) to operate as a not-for-profit corporation exclusively for

charitable, educational, patriotic, and civic improvement

purposes;

(2) to promote the welfare of blinded veterans so that,

notwithstanding their disabilities, they may take their rightful

place in the community and work with their fellow citizens toward

the creation of a peaceful world;

(3) to preserve and strengthen a spirit of fellowship among

blinded veterans so that they may give mutual aid and assistance

to one another; and

(4) to maintain and extend the institutions of American freedom

and to encourage loyalty to the Constitution and laws of the

United States and of the States in which they reside.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1317.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Section

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

30302 36:853(1)-(3), (4) Aug. 27, 1958, Pub. L.

(less words between 85-769, Sec. 3(1)-(3), (4)

1st comma and (less words between 1st

semicolon). comma and semicolon), 72

Stat. 924.

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

In clause (1), the words "to operate as a not-for-profit

corporation" are substituted for "To be organized and operated as a

corporation not for profit . . . and such corporation is organized

and shall be operated" in 36:853(4) to eliminate unnecessary words.

-End-

-CITE-

36 USC Sec. 30303 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 303 - BLINDED VETERANS ASSOCIATION

-HEAD-

Sec. 30303. Membership

-STATUTE-

(a) General Membership. - An individual who served in the Armed

Forces of the United States and who, in the line of duty in that

service, sustained a substantial impairment of sight or vision as

defined by the bylaws of the corporation is eligible for general

membership in the corporation.

(b) Honorary and Associate Membership. - In addition to general

membership, the corporation shall have special classes of honorary

and associate membership. Eligibility for, and the rights and

obligations of, those special classes are as provided in the

bylaws.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1317.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

30303 36:856. Aug. 27, 1958, Pub. L.

85-769, Sec. 6, 72 Stat. 925.

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

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

"person" for clarity and consistency in the revised title and with

other titles of the United States Code. The words "served in" are

substituted for "was enlisted, drafted, inducted, or commissioned

in" to eliminate unnecessary words. The words "from time to time"

are omitted as unnecessary.

In subsection (b), the word "qualification" is omitted as

included in "eligibility". The words "All persons who are members

of any class of Blinded Veterans Association, Incorporated, on

August 27, 1958 shall be members of such class of the corporation"

are omitted as executed.

-End-

-CITE-

36 USC Sec. 30304 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 303 - BLINDED VETERANS ASSOCIATION

-HEAD-

Sec. 30304. Governing body

-STATUTE-

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

corporation shall be at least three but not more than 15. The

directors shall be divided into a specified number of classes. Each

class shall hold office for a definite period of years as provided

in the bylaws.

(2) A majority of the directors must be present at a meeting of

directors to constitute a quorum. A majority vote of the directors

present at a meeting at which there is a quorum is necessary for

the transaction of business.

(3) A director may be removed at any time for just and proper

cause by a majority vote of a quorum of directors present at a

meeting called for that purpose.

(4) A vacancy in the office of director may be filled by a

majority vote of a quorum of the remaining directors present at a

meeting called for that purpose. A director elected to fill a

vacancy serves until the next annual meeting of the corporation.

(b) Officers. - The officers of the corporation and their manner

of election, term of office, duties, and powers are as provided in

the bylaws.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1317.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

30304(a) 36:857. Aug. 27, 1958, Pub. L.

85-769, Secs. 7, 8, 72 Stat.

925.

30304(b) 36:858.

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

In subsection (a)(1), the words "from time to time" are omitted

as unnecessary. The words "except that the directors of Blinded

Veterans Association, Incorporated, on August 27, 1958 shall be the

first directors of the corporation" are omitted as executed and

obsolete.

In subsection (a)(4), the word "duly" is omitted as unnecessary.

Subsection (b) is substituted for the source provision for

consistency in the revised title. The words "consistent with this

charter" in 36:858(b) are omitted as unnecessary.

-End-

-CITE-

36 USC Sec. 30305 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 303 - BLINDED VETERANS ASSOCIATION

-HEAD-

Sec. 30305. 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, and agents as the activities of

the corporation require;

(4) charge and collect membership dues;

(5) make contracts;

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

necessary or convenient to carry out the purposes of the

corporation;

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

its obligations by granting security interests in its property;

(8) sue and be sued; and

(9) 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. 1318.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

30305 36:854. Aug. 27, 1958, Pub. L.

85-769, Secs. 4, 16, 72

Stat. 924, 927.

36:866.

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

In this section, the text of 36:866 is omitted as executed and

obsolete.

In clause (1), the words "apply, and alter" and "not inconsistent

with the laws of the United States of America 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 (5), the words "make contracts" are substituted for

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

Clause (6) is substituted for "take and hold by lease, gift,

purchase, grant, devise, bequest or otherwise any property real,

personal, or mixed, necessary or convenient for attaining the

objects of the corporation" and "transfer, lease, or convey real or

personal 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 real and personal property which may be held by, or, (b)

otherwise limiting or controlling the ownership of real and

personal property by, a corporation operating in such State" are

omitted as unnecessary.

Clause (7) is substituted for "borrow money for the purposes of

the corporation and issue bonds or other evidences of indebtedness

therefor and secure the same by mortgage or pledge subject to

applicable Federal or State laws" for consistency in the revised

title and to eliminate unnecessary words.

In clause (8), the words "complain and defend in any court of

competent jurisdiction" are omitted as unnecessary.

In clause (9), the words "any other act" are substituted for "any

and all acts" for consistency in the revised title.

-End-

-CITE-

36 USC Sec. 30306 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 303 - BLINDED VETERANS ASSOCIATION

-HEAD-

Sec. 30306. Exclusive right to name, seals, emblems, and badges

-STATUTE-

The corporation and its authorized regional groups and other

local subdivisions have the exclusive right to use the name

"Blinded Veterans Association" and seals, emblems, and badges the

corporation adopts.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1318.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

30306 36:867. Aug. 27, 1958, Pub. L.

85-769, Sec. 17, 72 Stat.

927.

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

The word "sole" is omitted as included in "exclusive", and the

word "have" (the 2d time appearing) is omitted as included in

"use". The words "duly", "in carrying out its purposes", and

"lawfully" are omitted as unnecessary.

-End-

-CITE-

36 USC Sec. 30307 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 303 - BLINDED VETERANS ASSOCIATION

-HEAD-

Sec. 30307. 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 elective 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

section does not prevent the payment of -

(1) bona fide expenses of officers of the corporation in

amounts approved by the board of directors; or

(2) appropriate aid to blinded veterans or their widows or

children in carrying out the purposes of the corporation.

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

officer, or employee. Directors and officers 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.

(e) Immunity From Liability. - Members and private individuals

are not liable for the obligations of the corporation.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1318.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

30307(a) 36:862. Aug. 27, 1958, Pub. L.

85-769, Secs. 3(4) (words

between 1st comma and

semicolon), 9, 10, 12, 72

Stat. 924, 926.

30307(b) 36:860.

30307(c) 36:853(4) (words

between 1st comma

and semicolon).

36:859(a) (1st

sentence words

before last comma,

last sentence).

30307(d) 36:859(b).

30307(e) 36:859(a) (1st

sentence words

after last comma).

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

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.

The text of 36:853(4) (words between 1st comma and semicolon) is

omitted as unnecessary.

-End-

-CITE-

36 USC Sec. 30308 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 303 - BLINDED VETERANS ASSOCIATION

-HEAD-

Sec. 30308. Principal office

-STATUTE-

The principal office of the corporation shall be in the District

of Columbia 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. 1318.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

30308 36:855(a). Aug. 27, 1958, Pub. L.

85-769, Sec. 5(a), 72 Stat.

925.

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

The word "various" is omitted as unnecessary. The word "States"

is added for clarity and consistency in the revised title.

-End-

-CITE-

36 USC Sec. 30309 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 303 - BLINDED VETERANS ASSOCIATION

-HEAD-

Sec. 30309. 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, directors, and officers.

(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. 1319.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

30309 36:863. Aug. 27, 1958, Pub. L.

85-769, Sec. 13, 72 Stat.

926.

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

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. 30310 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 303 - BLINDED VETERANS ASSOCIATION

-HEAD-

Sec. 30310. 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. 1319.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

30310 36:855(b). Aug. 27, 1958, Pub. L.

85-769, Sec. 5(b), 72 Stat.

925.

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

The words "at all times", "authorized", and "deemed" are omitted

as unnecessary and for consistency in the revised title. The words

"service of process" are substituted for "service and process" for

consistency in the revised title.

-End-

-CITE-

36 USC Sec. 30311 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 303 - BLINDED VETERANS ASSOCIATION

-HEAD-

Sec. 30311. 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. 1319.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

30311 36:861. Aug. 27, 1958, Pub. L.

85-769, Sec. 11, 72 Stat.

926.

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

-End-

-CITE-

36 USC Sec. 30312 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 303 - BLINDED VETERANS ASSOCIATION

-HEAD-

Sec. 30312. 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

transferred to the Secretary of Veterans Affairs to be applied to

the care and comfort of blinded veterans.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1319.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

30312 36:865. Aug. 27, 1958, Pub. L.

85-769, Sec. 15, 72 Stat.

927; June 13, 1991, Pub. L.

102-54, Sec. 13(n)(4), 105

Stat. 278.

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

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

"Secretary of Veterans Affairs" are substituted for "Department of

Veterans Affairs" because under 38:303 the Secretary is the head of

the Department.

-End-