Legislación
US (United States) Code. Title 36. Subtitle II. Chapter 1405: Military Order of the Purple Heart of the USA (United States of America)
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36 USC CHAPTER 1405 - MILITARY ORDER OF THE PURPLE HEART
OF THE UNITED STATES OF AMERICA, INCORPORATED 01/06/03
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TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
ORGANIZATIONS
Subtitle II - Patriotic and National Organizations
Part B - Organizations
CHAPTER 1405 - MILITARY ORDER OF THE PURPLE HEART OF THE UNITED
STATES OF AMERICA, INCORPORATED
-HEAD-
CHAPTER 1405 - MILITARY ORDER OF THE PURPLE HEART OF THE UNITED
STATES OF AMERICA, INCORPORATED
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Sec.
140501. Organization.
140502. Principles and purposes.
140503. Membership.
140504. Governing body.
140505. Powers.
140506. Restrictions.
140507. Principal office.
140508. Records and inspection.
140509. Liability for acts of officers and agents.
140510. Service of process.
140511. Distribution of assets on dissolution or final
liquidation.
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36 USC Sec. 140501 01/06/03
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TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
ORGANIZATIONS
Subtitle II - Patriotic and National Organizations
Part B - Organizations
CHAPTER 1405 - MILITARY ORDER OF THE PURPLE HEART OF THE UNITED
STATES OF AMERICA, INCORPORATED
-HEAD-
Sec. 140501. Organization
-STATUTE-
(a) Federal Charter. - Military Order of the Purple Heart 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.
-SOURCE-
(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1381.)
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HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at Large)
Section
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140501 36:821. Aug. 26, 1958, Pub. L.
85-761, Secs. 1, 2, 4(1), 72
Stat. 854, 856.
36:822.
36:824(1).
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This section is substituted for the source provisions for
consistency in the revised title and to eliminate executed and
unnecessary words.
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36 USC Sec. 140502 01/06/03
-EXPCITE-
TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
ORGANIZATIONS
Subtitle II - Patriotic and National Organizations
Part B - Organizations
CHAPTER 1405 - MILITARY ORDER OF THE PURPLE HEART OF THE UNITED
STATES OF AMERICA, INCORPORATED
-HEAD-
Sec. 140502. Principles and purposes
-STATUTE-
(a) Principles. - The principles underlying the corporation are
patriotic allegiance to the United States, 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 educational,
fraternal, historical, and patriotic, perpetuating the principles
of liberty and justice which have created the United States, by -
(1) commemorating all national patriotic holidays;
(2) maintaining true allegiance to the Government of the United
States and fidelity to its Constitution and laws;
(3) preserving and strengthening comradeship and patriotism
among its members;
(4) assisting, comforting, and aiding all needy and distressed
members and their dependents;
(5) giving needed hospital and service work through its
Department of Veterans Affairs certified service officers;
(6) cooperating with other civic and patriotic organizations
having worthy objectives;
(7) keeping alive the achievements and memory of our country's
founders;
(8) ever cherishing the memory of General George Washington,
who founded the Purple Heart at his headquarters at
Newburgh-on-the-Hudson on August 7, 1782;
(9) influencing and teaching our citizenry, in a loyal
appreciation of the heritages of American citizenship, with its
responsibilities and privileges; and
(10) preserving and defending the United States from all
enemies.
-SOURCE-
(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1381.)
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HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at Large)
Section
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140502 36:823. Aug. 26, 1958, Pub. L.
85-761, Sec. 3, 72 Stat.
856; June 13, 1991, Pub. L.
102-54, Sec. 13(n)(3), 105
Stat. 278.
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In this section, the words "of America" are omitted for
consistency in the revised title.
In subsection (b)(3), the word "among" is substituted for
"amongst" to use more common terminology.
In subsection (b)(10), the word "whomsoever" is omitted as
unnecessary.
-End-
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36 USC Sec. 140503 01/06/03
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TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
ORGANIZATIONS
Subtitle II - Patriotic and National Organizations
Part B - Organizations
CHAPTER 1405 - MILITARY ORDER OF THE PURPLE HEART OF THE UNITED
STATES OF AMERICA, INCORPORATED
-HEAD-
Sec. 140503. Membership
-STATUTE-
(a) Active Members. - An individual is eligible for active
membership in the corporation if the individual -
(1) is of good moral character; and
(2) has received the Purple Heart for wounds received as a
member, of any rank, of the Armed Forces of the United States or
any foreign country during military or naval combat against an
armed enemy of the United States.
(b) Associate Members. - The corporation may extend eligibility
for membership as associate members 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 described in subsection (a) of this
section 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. 1382.)
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HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at Large)
Section
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140503 36:826. Aug. 26, 1958, Pub. L.
85-761, Sec. 6, 72 Stat. 857.
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In this section, the text of 36:826(d) is omitted as obsolete.
In subsection (a), the words "has received" are substituted for
"who have received or who may hereafter receive", and the words "as
a member" are substituted for "are, have been, or may become
members", for clarity and to eliminate unnecessary words.
In subsection (b), the word "may" is substituted for "shall have
the power, moreover, to" for consistency and to eliminate
unnecessary words.
-End-
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36 USC Sec. 140504 01/06/03
-EXPCITE-
TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
ORGANIZATIONS
Subtitle II - Patriotic and National Organizations
Part B - Organizations
CHAPTER 1405 - MILITARY ORDER OF THE PURPLE HEART OF THE UNITED
STATES OF AMERICA, INCORPORATED
-HEAD-
Sec. 140504. 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 18 directors.
(b) Officers. - (1) The officers of the corporation are a
commander, a senior vice commander, a chaplain, an adjutant, a
finance officer, a judge advocate, an inspector, a surgeon, a
historian, and other elected officers as 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. 1382.)
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HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at Large)
Section
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140504(a) 36:827. Aug. 26, 1958, Pub. L.
85-761, Secs. 7, 8, 72 Stat.
857.
140504(b) 36:828.
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In subsection (a), the text of 36:827(a) is omitted as obsolete.
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36 USC Sec. 140505 01/06/03
-EXPCITE-
TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
ORGANIZATIONS
Subtitle II - Patriotic and National Organizations
Part B - Organizations
CHAPTER 1405 - MILITARY ORDER OF THE PURPLE HEART OF THE UNITED
STATES OF AMERICA, INCORPORATED
-HEAD-
Sec. 140505. 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. 1382.)
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HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at Large)
Section
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140505 36:824(2)-(9). Aug. 26, 1958, Pub. L.
85-761, Secs. 4(2)-(9), 16,
72 Stat. 856, 859.
36:836.
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In this section, the text of 36:836 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.
Clause (4) 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 object 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, 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" to eliminate unnecessary words. 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-
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36 USC Sec. 140506 01/06/03
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TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
ORGANIZATIONS
Subtitle II - Patriotic and National Organizations
Part B - Organizations
CHAPTER 1405 - MILITARY ORDER OF THE PURPLE HEART OF THE UNITED
STATES OF AMERICA, INCORPORATED
-HEAD-
Sec. 140506. 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. 1383.)
-MISC1-
HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at Large)
Section
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140506(a) 36:832. Aug. 26, 1958, Pub. L.
85-761, Secs. 9, 10, 12, 72
Stat. 858.
140506(b) 36:830.
140506(c) 36:829(a).
140506(d) 36:829(b).
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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 words "as provided in section 835 of this title" are omitted as
unnecessary.
-End-
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36 USC Sec. 140507 01/06/03
-EXPCITE-
TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
ORGANIZATIONS
Subtitle II - Patriotic and National Organizations
Part B - Organizations
CHAPTER 1405 - MILITARY ORDER OF THE PURPLE HEART OF THE UNITED
STATES OF AMERICA, INCORPORATED
-HEAD-
Sec. 140507. Principal office
-STATUTE-
The principal office of the corporation shall be in the District
of Columbia or another place decided by the national executive
board. 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. 1383.)
-MISC1-
HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at Large)
Section
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140507 36:825(a). Aug. 26, 1958, Pub. L.
85-761, Sec. 5(a), 72 Stat.
856.
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The word "various" is omitted as unnecessary.
-End-
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36 USC Sec. 140508 01/06/03
-EXPCITE-
TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
ORGANIZATIONS
Subtitle II - Patriotic and National Organizations
Part B - Organizations
CHAPTER 1405 - MILITARY ORDER OF THE PURPLE HEART OF THE UNITED
STATES OF AMERICA, INCORPORATED
-HEAD-
Sec. 140508. 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. 1383.)
-MISC1-
HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at Large)
Section
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140508 36:833. Aug. 26, 1958, Pub. L.
85-761, Sec. 13, 72 Stat.
858.
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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-
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36 USC Sec. 140509 01/06/03
-EXPCITE-
TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
ORGANIZATIONS
Subtitle II - Patriotic and National Organizations
Part B - Organizations
CHAPTER 1405 - MILITARY ORDER OF THE PURPLE HEART OF THE UNITED
STATES OF AMERICA, INCORPORATED
-HEAD-
Sec. 140509. 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. 1383.)
-MISC1-
HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at Large)
Section
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140509 36:831. Aug. 26, 1958, Pub. L.
85-761, Sec. 11, 72 Stat.
858.
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-End-
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36 USC Sec. 140510 01/06/03
-EXPCITE-
TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
ORGANIZATIONS
Subtitle II - Patriotic and National Organizations
Part B - Organizations
CHAPTER 1405 - MILITARY ORDER OF THE PURPLE HEART OF THE UNITED
STATES OF AMERICA, INCORPORATED
-HEAD-
Sec. 140510. 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. 1384.)
-MISC1-
HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at Large)
Section
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140510 36:825(b). Aug. 26, 1958, Pub. L.
85-761, Sec. 5(b), 72 Stat.
857.
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The words "at all times" are omitted as unnecessary.
-End-
-CITE-
36 USC Sec. 140511 01/06/03
-EXPCITE-
TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
ORGANIZATIONS
Subtitle II - Patriotic and National Organizations
Part B - Organizations
CHAPTER 1405 - MILITARY ORDER OF THE PURPLE HEART OF THE UNITED
STATES OF AMERICA, INCORPORATED
-HEAD-
Sec. 140511. 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. 1384.)
-MISC1-
HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at Large)
Section
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140511 36:835. Aug. 26, 1958, Pub. L.
85-761, Sec. 15, 72 Stat.
859.
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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-
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Enviado por: | El remitente no desea revelar su nombre |
Idioma: | inglés |
País: | Estados Unidos |