US (United States) Code. Title 36. Subtitle II. Part B. Chapter 405: Congressional Medal of Honor Society

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 405 - CONGRESSIONAL MEDAL OF HONOR SOCIETY

OF THE UNITED STATES 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 405 - CONGRESSIONAL MEDAL OF HONOR SOCIETY OF THE UNITED

STATES OF AMERICA

-HEAD-

CHAPTER 405 - CONGRESSIONAL MEDAL OF HONOR SOCIETY OF THE UNITED

STATES OF AMERICA

-MISC1-

Sec.

40501. Organization.

40502. Purposes.

40503. Membership.

40504. Governing body.

40505. Powers.

40506. Restrictions.

40507. Principal office.

40508. Records and inspection.

40509. Service of process.

40510. Liability.

40511. Distribution of assets on dissolution or final

liquidation.

-End-

-CITE-

36 USC Sec. 40501 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 405 - CONGRESSIONAL MEDAL OF HONOR SOCIETY OF THE UNITED

STATES OF AMERICA

-HEAD-

Sec. 40501. Organization

-STATUTE-

(a) Federal Charter. - Congressional Medal of Honor Society of

the United States 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. 1332.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

40501 36:791. Aug. 14, 1958, Pub. L.

85-642, Secs. 1, 2, 72 Stat.

597.

36:792.

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

This section is substituted for 36:791 for consistency in the

revised title and to eliminate executed and unnecessary language.

The text of 36:792 is omitted as executed and obsolete.

-End-

-CITE-

36 USC Sec. 40502 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 405 - CONGRESSIONAL MEDAL OF HONOR SOCIETY OF THE UNITED

STATES OF AMERICA

-HEAD-

Sec. 40502. Purposes

-STATUTE-

The purposes of the corporation are -

(1) to form a bond of friendship and comradeship among all

holders of the Medal of Honor as presented by Congress;

(2) to protect, uphold, and preserve the dignity and honor of

the medal at all times and on all occasions;

(3) to protect the name of the medal and individual holders of

the medal from exploitation;

(4) to provide appropriate aid to all persons to whom the medal

has been awarded, their widows, or their children;

(5) to serve our country in peace as in war;

(6) to inspire and stimulate our youth to become worthy

citizens of our country; and

(7) to foster and perpetuate Americanism.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1333.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

40502 36:793. Aug. 14, 1958, Pub. L.

85-642, Sec. 3, 72 Stat. 598.

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

Before clause (1), the word "objects" is omitted as included in

"purposes".

In clause (5), the words "we did" are omitted to avoid the

grammatical construction using the first person.

-End-

-CITE-

36 USC Sec. 40503 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 405 - CONGRESSIONAL MEDAL OF HONOR SOCIETY OF THE UNITED

STATES OF AMERICA

-HEAD-

Sec. 40503. Membership

-STATUTE-

(a) Eligibility. - An individual who has been awarded the Medal

of Honor as presented by Congress is eligible for membership in the

corporation. An honorary membership may not be granted.

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

to a vote at a meeting of the members. The vote may be cast in

person or by proxy.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1333.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

40503(a) 36:796(a), (b). Aug. 14, 1958, Pub. L.

85-642, Sec. 6, 72 Stat. 599.

40503(b) 36:796(c).

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

-End-

-CITE-

36 USC Sec. 40504 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 405 - CONGRESSIONAL MEDAL OF HONOR SOCIETY OF THE UNITED

STATES OF AMERICA

-HEAD-

Sec. 40504. Governing body

-STATUTE-

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

governing body of the corporation. The board may exercise, or

provide for the exercise of, the powers of the corporation.

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

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

in the bylaws. However, the board shall have at least 9 directors.

(3) The board shall meet at least annually. Each director has one

vote on matters decided by the board.

(4) The president of the corporation is the chairman of the

board.

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

president, an executive vice president, a secretary, a treasurer,

and 6 regional vice presidents as provided in the bylaws. The

offices of secretary and treasurer may be combined and held by the

same individual, but an individual holding those combined offices

has only one vote as a director.

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

the officers are as provided in the bylaws.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1333.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Section

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

40504(a)(1) 36:797(a), (c) (1st Aug. 14, 1958, Pub. L.

sentence words 85-642, Secs. 7, 8, 72 Stat.

before 3d comma). 599.

40504(a)(2) 36:797(b), (c) (1st

sentence words

between 3d and 4th

commas).

40504(a)(3) 36:797(c) (last

sentence).

40504(a)(4) 36:797(c) (2d

sentence).

40504(b) 36:797(c) (1st

sentence words

after 4th comma).

36:798.

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

In subsection (a)(1), the text of 36:797(a) (12th-last words) is

omitted as obsolete.

In subsection (b)(2), the words "duties, and powers" are

substituted for "powers" in 36:798(b) and for "duties" in 36:798(c)

to eliminate unnecessary words.

-End-

-CITE-

36 USC Sec. 40505 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 405 - CONGRESSIONAL MEDAL OF HONOR SOCIETY OF THE UNITED

STATES OF AMERICA

-HEAD-

Sec. 40505. 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. 1333.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

40505 36:794. Aug. 14, 1958, Pub. L.

85-642, Secs. 4, 16, 72

Stat. 598, 601.

36:806.

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

In this section, the text of 36:806 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 [un]necessary.

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

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.

In clause (7), the words "issue instruments of indebtedness, and

secure its obligations by granting security interests in its

property" are substituted for "issue bonds or other evidences of

indebtedness therefor and secure the same by mortgage or pledge"

for consistency in the revised title. The words "for the purposes

of the corporation" and "subject to applicable Federal or State

laws" are omitted as unnecessary.

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

competent jurisdiction" are omitted as unnecessary.

-End-

-CITE-

36 USC Sec. 40506 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 405 - CONGRESSIONAL MEDAL OF HONOR SOCIETY OF THE UNITED

STATES OF AMERICA

-HEAD-

Sec. 40506. 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 participate in

any political activity or in any manner attempt to influence

legislation.

(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 -

(1) expenses of officers of the corporation in amounts approved

by the board of directors; or

(2) appropriate aid to individuals to whom the Medal of Honor

has been awarded, their widows, or their children, to carry 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.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1334.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

40506(a) 36:802. Aug. 14, 1958, Pub. L.

85-642, Secs. 9(a) (1st

sentence words before last

comma, last sentence), (b),

10, 12, 72 Stat. 599, 600.

40506(b) 36:800.

40506(c) 36:799(a) (1st

sentence words

before last comma,

last sentence).

40506(d) 36:799(b).

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

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

unnecessary.

In subsection (b), the words "support" and "any" are added for

consistency in the revised title. The words "directly or

indirectly, local or national" are omitted as unnecessary and for

consistency in the revised title.

In subsection (c), before clause (1), the words "inure to the

benefit of" are substituted for "inure to" for consistency in the

revised title. In clause (1), the words "bona fide" are omitted as

unnecessary.

-End-

-CITE-

36 USC Sec. 40507 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 405 - CONGRESSIONAL MEDAL OF HONOR SOCIETY OF THE UNITED

STATES OF AMERICA

-HEAD-

Sec. 40507. 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. 1334.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

40507 36:795(a). Aug. 14, 1958, Pub. L.

85-642, Sec. 5(a), 72 Stat.

598.

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

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. 40508 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 405 - CONGRESSIONAL MEDAL OF HONOR SOCIETY OF THE UNITED

STATES OF AMERICA

-HEAD-

Sec. 40508. 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. 1334.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

40508 36:803. Aug. 14, 1958, Pub. L.

85-642, Sec. 13, 72 Stat.

600.

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

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. 40509 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 405 - CONGRESSIONAL MEDAL OF HONOR SOCIETY OF THE UNITED

STATES OF AMERICA

-HEAD-

Sec. 40509. 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. 1334.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

40509 36:795(b). Aug. 14, 1958, Pub. L.

85-642, Sec. 5(b), 72 Stat.

598.

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

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

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

consistency in the revised title.

-End-

-CITE-

36 USC Sec. 40510 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 405 - CONGRESSIONAL MEDAL OF HONOR SOCIETY OF THE UNITED

STATES OF AMERICA

-HEAD-

Sec. 40510. Liability

-STATUTE-

(a) Liability of Corporation. - The corporation is liable for the

acts of its officers and agents acting within the scope of their

authority.

(b) Immunity of Individuals. - A member or private individual is

not liable for the obligations of the corporation.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1335.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

40510(a) 36:801. Aug. 14, 1958, Pub. L.

85-642, Secs. 9(a) (1st

sentence words after last

comma), 11, 72 Stat. 599,

600.

40510(b) 36:799(a) (1st

sentence words

after last comma).

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

-End-

-CITE-

36 USC Sec. 40511 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 405 - CONGRESSIONAL MEDAL OF HONOR SOCIETY OF THE UNITED

STATES OF AMERICA

-HEAD-

Sec. 40511. 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 bylaws.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1335.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

40511 36:805. Aug. 14, 1958, Pub. L.

85-642, Sec. 15, 72 Stat.

600.

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

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-