US (United States) Code. Title 36. Subtitle II. Part B. Chapter 705: The Foundation of the Federal Bar 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 705 - THE FOUNDATION OF THE FEDERAL BAR

ASSOCIATION 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 705 - THE FOUNDATION OF THE FEDERAL BAR ASSOCIATION

-HEAD-

CHAPTER 705 - THE FOUNDATION OF THE FEDERAL BAR ASSOCIATION

-MISC1-

Sec.

70501. Organization.

70502. Purposes.

70503. Membership.

70504. Governing body.

70505. Powers.

70506. Exclusive right to name.

70507. Restrictions.

70508. Principal office.

70509. Records and inspection.

70510. Service of process.

70511. Liability for acts of officers and agents.

70512. Deposit of assets on dissolution or final liquidation.

-End-

-CITE-

36 USC Sec. 70501 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 705 - THE FOUNDATION OF THE FEDERAL BAR ASSOCIATION

-HEAD-

Sec. 70501. Organization

-STATUTE-

(a) Federal Charter. - The Foundation of the Federal Bar

Association (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. 1351.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Section

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

70501 36:571. Aug. 24, 1954, ch. 911,

Secs. 1, 2, 68 Stat. 795.

36:572.

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

This section is substituted for the source provisions for

consistency in the revised title and to eliminate executed and

unnecessary words.

-End-

-CITE-

36 USC Sec. 70502 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 705 - THE FOUNDATION OF THE FEDERAL BAR ASSOCIATION

-HEAD-

Sec. 70502. Purposes

-STATUTE-

The purposes of the corporation are -

(1) to receive and hold property, including by gift, devise, or

grant, and to invest, administer, and dispose of the property

without restrictions applicable to trustees or trust funds;

(2) to apply its income and any part of its principal

exclusively to educational, charitable, scientific, or literary

purposes -

(A) to advance the science of jurisprudence;

(B) to uphold high standards for the Federal judiciary and

attorneys representing the United States Government;

(C) to promote and improve the administration of justice,

including the study of means for the improved handling of the

legal business of the departments, agencies, and

instrumentalities of the Government;

(D) to facilitate the cultivation and diffusion of knowledge

and understanding of the law and the promotion of the study of

the law and the science of jurisprudence and research in

jurisprudence, through the maintenance of a law library, the

establishment of seminars, lectures, and studies devoted to the

law, and the publication of addresses, essays, treatises,

reports, and other literary works by students, practitioners,

and teachers of the law; and

(E) to provide for the acquisition, preservation, and

exhibition of rare books and documents, sculptures, paintings,

and other objects of art and historical interest relating to

the law, the courts, and the legal profession; and

(3) to do any other acts necessary or incident to the

accomplishment of these purposes.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1351.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Section

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70502 36:573. Aug. 24, 1954, ch. 911, Sec.

3, 68 Stat. 797.

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

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

"purposes".

Clause (1) is substituted for 36:573(1) to eliminate unnecessary

words.

In clause (2), the words "and if the corporation so decides, all

or" and "or any of them" are omitted as unnecessary. In subclause

(D), the words "in jurisprudence" are substituted for "therein" for

clarity.

In clause (3), the words "any other acts" are substituted for

"any and all things" for consistency in the revised title.

-End-

-CITE-

36 USC Sec. 70503 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 705 - THE FOUNDATION OF THE FEDERAL BAR ASSOCIATION

-HEAD-

Sec. 70503. Membership

-STATUTE-

(a) Members. - The members of the corporation are -

(1) the members of the National Council of the Federal Bar

Association, a nonprofit corporation incorporated in the District

of Columbia, during their term of membership on that Council; and

(2) other individuals the corporation provides for in the

bylaws or otherwise.

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

to a vote of the members.

(c) Grounds for Disqualification. - An individual may not be a

member, director, or officer of the corporation if the individual -

(1) is a member of, or advocates the principles of, an

organization believing in, or working for, the overthrow of the

United States Government by force or violence; or

(2) refuses to uphold and defend the Constitution of the United

States.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1352.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Section

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

70503(a) 36:576(a). Aug. 24, 1954, ch. 911,

Secs. 6, 16, 68 Stat. 798,

800.

70503(b) 36:576(b).

70503(c) 36:586.

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In subsection (a), the words "the persons listed in section 571

of this title" and "hereafter" are omitted as obsolete.

In subsection (b), the words "has one vote" are substituted for

"may cast one vote" for consistency in the revised title.

-End-

-CITE-

36 USC Sec. 70504 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 705 - THE FOUNDATION OF THE FEDERAL BAR ASSOCIATION

-HEAD-

Sec. 70504. 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 board shall consist of 12 individuals elected, and

subject to removal at any time, by a majority vote of the members

of the corporation. The term of office of an elected director is 6

years. A vacancy on the board shall be filled by a majority vote of

the members of the corporation.

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

vote on each matter decided by the board. The board may delegate

its powers to a prudential committee subject to the direction of,

and reporting to, the board.

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

and of the prudential committee.

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

president, a vice president, a secretary, a treasurer, a historian,

and other officers provided for in the bylaws. The powers of the

officers are as provided in the bylaws.

(2) The officers shall be elected by the board of directors at

its annual meeting. The term of office of an officer is 1 year.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1352.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Section

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

70504(a) 36:577. Aug. 24, 1954, ch. 911,

Secs. 7, 8, 68 Stat. 798.

70504(b) 36:578.

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

In subsection (a), the names of the directors for 1954 and the

language about their initial terms are omitted as obsolete. In

paragraph (2), the words "caused by expiration of the members'

terms or otherwise" are omitted as unnecessary.

-End-

-CITE-

36 USC Sec. 70505 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 705 - THE FOUNDATION OF THE FEDERAL BAR ASSOCIATION

-HEAD-

Sec. 70505. Powers

-STATUTE-

The corporation may -

(1) adopt and amend 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) make contracts;

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

necessary 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. 1352.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Section

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70505 36:574. Aug. 24, 1954, ch. 911,

Secs. 4, 18, 68 Stat. 797,

800.

36:588.

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

In this section, the definition of "State" in 36:588 is omitted

because the word "State" (which in the source provisions for this

chapter only appears in 36:574) is not used in the revised chapter.

In clause (1), the words "apply, and administer" 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 (4), the words "make contracts" are substituted for

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

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

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

or personal, or mixed, necessary for carrying into effect the

purposes 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 to applicable

provisions of law of any State (1) governing the amount or kind of

real and personal property which may be held by, or (2) otherwise

limiting or controlling the ownership of real and personal 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 or

other evidences of indebtedness therefor, and secure the same by

mortgage or pledge" for consistency in the revised title. The words

"subject to applicable Federal or 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" for consistency in the revised title and to eliminate

unnecessary words.

-End-

-CITE-

36 USC Sec. 70506 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 705 - THE FOUNDATION OF THE FEDERAL BAR ASSOCIATION

-HEAD-

Sec. 70506. Exclusive right to name

-STATUTE-

The corporation has the exclusive right to use the name "The

Foundation of the Federal Bar Association".

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1353.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Section

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

70506 36:587. Aug. 24, 1954, ch. 911, Sec.

17, 68 Stat. 800.

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

-End-

-CITE-

36 USC Sec. 70507 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 705 - THE FOUNDATION OF THE FEDERAL BAR ASSOCIATION

-HEAD-

Sec. 70507. Restrictions

-STATUTE-

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

declare or pay a dividend.

(b) Political Activities. - (1) The activities, funds, income,

and property of the corporation may not be used to carry on

political activity or attempt to influence legislation.

(2) 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. - The income of the corporation may

not inure to the benefit of a director, officer, member, or private

individual.

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

director or officer. Directors and officers who vote for, assent

to, or participate in making a loan or advance to a director or

officer are jointly and severally liable to the corporation for the

amount of the loan or advance 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. 1353.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Section

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

70507(a) 36:582. Aug. 24, 1954, ch. 911,

Secs. 9, 10, 12, 68 Stat.

799.

70507(b) 36:580.

70507(c) 36:579(a) (words

before last comma).

70507(d) 36:579(b).

70507(e) 36:579(a) (words

after last comma).

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

unnecessary.

In subsection (b)(1), the words "directly or indirectly" are

omitted as unnecessary.

In subsection (c), the word "income" is substituted for "net

earnings" 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. 70508 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 705 - THE FOUNDATION OF THE FEDERAL BAR ASSOCIATION

-HEAD-

Sec. 70508. Principal office

-STATUTE-

The corporation shall have its principal office in the District

of Columbia, but may conduct its activities anywhere.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1353.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

70508 36:575(a). Aug. 24, 1954, ch. 911, Sec.

5(a), 68 Stat. 798.

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

The word "anywhere" is substituted for "at any place or places in

the United States, or elsewhere" to eliminate unnecessary words.

-End-

-CITE-

36 USC Sec. 70509 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 705 - THE FOUNDATION OF THE FEDERAL BAR ASSOCIATION

-HEAD-

Sec. 70509. 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. 1353.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

70509 36:583. Aug. 24, 1954, ch. 911, Sec.

13, 68 Stat. 799.

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

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. 70510 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 705 - THE FOUNDATION OF THE FEDERAL BAR ASSOCIATION

-HEAD-

Sec. 70510. 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. 1354.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Section

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

70510 36:575(b). Aug. 24, 1954, ch. 911, Sec.

5(b), 68 Stat. 798.

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

The words "at all times" and "authorized" are omitted as

unnecessary. The words "the business address of the agent" are

substituted for "at such business address" for clarity and

consistency in the revised title.

-End-

-CITE-

36 USC Sec. 70511 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 705 - THE FOUNDATION OF THE FEDERAL BAR ASSOCIATION

-HEAD-

Sec. 70511. 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. 1354.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

70511 36:581. Aug. 24, 1954, ch. 911, Sec.

11, 68 Stat. 799.

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

-End-

-CITE-

36 USC Sec. 70512 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 705 - THE FOUNDATION OF THE FEDERAL BAR ASSOCIATION

-HEAD-

Sec. 70512. Deposit 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

deposited in the Treasury of the United States as a miscellaneous

receipt.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1354.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Section

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

70512 36:585. Aug. 24, 1954, ch. 911, Sec.

15, 68 Stat. 800.

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

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.

-End-