Legislación
US (United States) Code. Title 36. Subtitle II. Chapter 1901: Reserve Officers Association of the USA (United States of America)
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36 USC CHAPTER 1901 - RESERVE OFFICERS ASSOCIATION OF THE
UNITED STATES 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 1901 - RESERVE OFFICERS ASSOCIATION OF THE UNITED STATES
-HEAD-
CHAPTER 1901 - RESERVE OFFICERS ASSOCIATION OF THE UNITED STATES
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Sec.
190101. Organization.
190102. Purposes.
190103. Membership.
190104. Governing body.
190105. Powers.
190106. Exclusive right to name, seals, emblems, and badges.
190107. Restrictions.
190108. Headquarters.
190109. Records and inspection.
190110. Service of process.
190111. Liability for acts of officers and agents.
190112. Distribution of assets on dissolution or final
liquidation.
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36 USC Sec. 190101 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 1901 - RESERVE OFFICERS ASSOCIATION OF THE UNITED STATES
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Sec. 190101. Organization
-STATUTE-
(a) Federal Charter. - Reserve Officers Association of the United
States (in this chapter, the "corporation") is a federally
chartered corporation.
(b) Perpetual Existence. - Except as otherwise provided, the
corporation has perpetual existence.
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(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1447.)
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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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190101 36:221. June 30, 1950, ch. 431,
Secs. 1, 2, 4 (related to
perpetual succession), 64
Stat. 312, 313.
36:222.
36:224 (related to
perpetual
succession).
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This section is substituted for the source provisions for
consistency in the revised title and to eliminate unnecessary and
executed words.
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36 USC Sec. 190102 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 1901 - RESERVE OFFICERS ASSOCIATION OF THE UNITED STATES
-HEAD-
Sec. 190102. Purposes
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The purposes of the corporation are to support and promote the
development and execution of a military policy for the United
States that will provide adequate national security.
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(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1447.)
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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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190102 36:223. June 30, 1950, ch. 431, Sec.
3, 64 Stat. 313.
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The word "object" is omitted as unnecessary.
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36 USC Sec. 190103 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 1901 - RESERVE OFFICERS ASSOCIATION OF THE UNITED STATES
-HEAD-
Sec. 190103. Membership
-STATUTE-
(a) Eligibility. - Eligibility for membership in the corporation
is as provided in the constitution and bylaws of the corporation.
(b) Voting. - Each active member of a department or chapter has
one vote in the conduct of official business of that department or
chapter.
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(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1447.)
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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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190103(a) 36:225. June 30, 1950, ch. 431,
Secs. 5, 7(e), 64 Stat. 313,
314.
190103(b) 36:227(e).
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36 USC Sec. 190104 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 1901 - RESERVE OFFICERS ASSOCIATION OF THE UNITED STATES
-HEAD-
Sec. 190104. Governing body
-STATUTE-
(a) National Convention. - The corporation shall hold an annual
national convention. The national convention shall be composed of
delegates elected by the various departments.
(b) National Executive Committee. - (1) The national executive
committee is the governing body of the corporation.
(2) The national executive committee consists of the president,
the last past president, 3 vice presidents, 3 junior vice
presidents, 3 national executive committee members, and the
executive director. Each of these individuals, except the executive
director, has one vote on each matter decided by the committee.
(c) Officers. - (1) The officers of the corporation are a
president, 3 vice presidents, 3 junior vice presidents, 3 national
executive committee members, an executive director, a national
treasurer, a judge advocate, a surgeon, a chaplain, a historian, a
public relations officer, and other officers as decided at the
national convention.
(2) The national officers of the corporation shall be elected at
the annual national convention, except for the executive director,
the national treasurer, and the national public relations officer,
who shall be appointed by the national executive committee.
(3) The elected officers shall hold office for one year or until
their successors have been elected and qualified.
(d) Vacancies. - (1) Except for the positions of president and
last past president, a vacancy on the national executive committee
shall be filled by the existing members of the committee. An
individual appointed by the committee to fill a vacancy serves
until the next national convention when the individual's successor
shall be elected for the unexpired term, if any, caused by the
vacancy.
(2) If the president is absent or the office of president is
vacant, the national vice president of the same service as the
president shall act as president.
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(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1447.)
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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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190104(a) 36:227(b) (1st June 30, 1950, ch. 431,
sentence 12th-14th Secs. 6, 7(a)-(d), 64 Stat.
words), (c). 313.
190104(b) 36:227(a), (d).
190104(c)( 36:226.
1)
190104(c)( 36:227(b) (1st
2) sentence 1st-14th
words, 32d-last
words).
190104(c)( 36:227(b) (1st
3) sentence 15th-31st
words).
190104(d)( 36:227(b) (2d, 3d
1) sentences).
190104(d)( 36:227(b) (last
2) sentence).
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In subsection (a), the first sentence is added for clarity and is
implied by 36:227(b) (12th-14th words).
In subsection (b), the text of 36:227(d) is omitted as obsolete.
In subsection (c)(3), the word "duly" is omitted as unnecessary.
In subsection (d)(1), the words "In the event of the death,
inability to serve, or resignation" are omitted as unnecessary.
In subsection (d)(2), the words "If the president is absent or
the office of president is vacant" are substituted for "in the
event of his death, inability to serve, resignation, or absence",
and the words "act as president" are substituted for "assume the
duties and have the powers of the president", to eliminate
unnecessary words.
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36 USC Sec. 190105 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 1901 - RESERVE OFFICERS ASSOCIATION OF THE UNITED STATES
-HEAD-
Sec. 190105. Powers
-STATUTE-
The corporation may -
(1) adopt and amend a constitution and bylaws;
(2) adopt and alter a corporate seal;
(3) adopt and alter emblems and badges;
(4) acquire, own, lease, encumber, and transfer property as
necessary to carry out the purposes of the corporation;
(5) publish a magazine, newspaper, and other publications;
(6) establish, regulate, and discontinue subordinate
departmental subdivisions and local chapters;
(7) sue and be sued; and
(8) do any other act necessary and proper to carry out the
purposes of the corporation.
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(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1447.)
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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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190105 36:224 (less June 30, 1950, ch. 431,
perpetual Secs. 4 (less perpetual
succession). succession), 8, 64 Stat.
313, 314.
36:228.
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In this section, the text of 36:228 is omitted as executed and
obsolete.
In clause (1), the words "not inconsistent with the laws of the
United States or of any State" are omitted as unnecessary.
Clause (4) is substituted for "acquire, hold, lease, and dispose
of such real and personal property as may be necessary to carry out
the corporate object and purpose" and "accept gifts, legacies, and
devises in furtherance of the corporate object and purpose" for
consistency in the revised title and to eliminate unnecessary
words.
In clause (8), the words "and all . . . and things" and "object"
are omitted as unnecessary.
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36 USC Sec. 190106 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 1901 - RESERVE OFFICERS ASSOCIATION OF THE UNITED STATES
-HEAD-
Sec. 190106. Exclusive right to name, seals, emblems, and badges
-STATUTE-
The corporation and its subordinate departmental subdivisions and
local chapters have the exclusive right to use the name "Reserve
Officers Association of the United States" and seals, emblems, and
badges the corporation adopts.
-SOURCE-
(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1448.)
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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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190106 36:238. June 30, 1950, ch. 431, Sec.
18, 64 Stat. 315.
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The words "sole", "to have, and", "in carrying out its object and
purpose", and "lawfully" are omitted as unnecessary.
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36 USC Sec. 190107 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 1901 - RESERVE OFFICERS ASSOCIATION OF THE UNITED STATES
-HEAD-
Sec. 190107. Restrictions
-STATUTE-
(a) Profit. - The corporation may not engage in business for
profit.
(b) Stock. - The corporation may not issue stock.
(c) Political Activities. - The corporation or an officer or
member as such may not contribute to, support, or assist a
political party or candidate for public office.
(d) Distribution of Income or Assets. - The income or assets of
the corporation may not inure to the benefit of, or be distributed
to, an officer or member except on dissolution or final liquidation
of the corporation.
(e) Loans. - The corporation may not make a loan or advance to an
officer or member of the national executive committee. Members of
the national executive committee who vote for or assent to making a
loan or advance to an officer, 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. 1448.)
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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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190107(a), 36:229. June 30, 1950, ch. 431,
(b) Secs. 9, 10, 11 (words
before 2d comma), 14, 64
Stat. 314.
190107(c) 36:230.
190107(d) 36:231 (words
before 2d comma).
190107(e) 36:234.
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In subsection (a), the words "pecuniary" and "or gain" are
omitted as unnecessary.
In subsection (b), the word "capital" is omitted as unnecessary.
In subsection (d), the words "inure to the benefit of" are
substituted for "inure to" for consistency in the revised title.
In subsection (e), the words "or advance" are added in 2 places
for consistency in the subsection.
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36 USC Sec. 190108 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 1901 - RESERVE OFFICERS ASSOCIATION OF THE UNITED STATES
-HEAD-
Sec. 190108. Headquarters
-STATUTE-
The headquarters of the corporation shall be in the District of
Columbia.
-SOURCE-
(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1448.)
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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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190108 36:236 (1st June 30, 1950, ch. 431, Sec.
sentence). 16 (1st sentence), 64 Stat.
315
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The word "national" is omitted as unnecessary.
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36 USC Sec. 190109 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 1901 - RESERVE OFFICERS ASSOCIATION OF THE UNITED STATES
-HEAD-
Sec. 190109. Records and inspection
-STATUTE-
(a) Records. - The corporation shall keep -
(1) correct and complete records of account;
(2) minutes of the proceedings of its national conventions,
national executive committee, and national council; 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. 1448.)
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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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190109 36:233. June 30, 1950, ch. 431, Sec.
13, 64 Stat. 314.
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In this section, the word "records" is substituted for "books and
records" for consistency in the revised title and with other titles
of the United States Code.
In subsection (a)(1), the word "correct" is substituted for
"current" for consistency in the revised title.
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36 USC Sec. 190110 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 1901 - RESERVE OFFICERS ASSOCIATION OF THE UNITED STATES
-HEAD-
Sec. 190110. Service of process
-STATUTE-
(a) District of Columbia. - 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 is
notice to or service on the corporation.
(b) States, Territories, and Possessions. - As a condition to the
exercise of any power or privilege granted by this chapter, the
corporation shall file, with the secretary of state or other
designated official of each State, territory, or possession of the
United States in which a subordinate department or local chapter is
organized, the name and address of an agent in that State,
territory, or possession on whom legal process or demands against
the corporation may be served.
-SOURCE-
(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1448.)
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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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190110(a) 36:236 (2d, last June 30, 1950, ch. 431,
sentences). Secs. 16 (2d, last
sentences), 17, 64 Stat. 315.
190110(b) 36:237.
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In subsection (b), the words "precedent" and "or conferred" are
omitted as unnecessary. The words "with the secretary of state or
other designated official" are substituted for "in the office of
the secretary of state, or similar officer" for consistency in the
revised title. The words "post office" are omitted as unnecessary.
-End-
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36 USC Sec. 190111 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 1901 - RESERVE OFFICERS ASSOCIATION OF THE UNITED STATES
-HEAD-
Sec. 190111. 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. 1449.)
-MISC1-
HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at Large)
Section
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190111 36:232. June 30, 1950, ch. 431, Sec.
12, 64 Stat. 314.
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36 USC Sec. 190112 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 1901 - RESERVE OFFICERS ASSOCIATION OF THE UNITED STATES
-HEAD-
Sec. 190112. 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
divided equally among the then active officers and members.
-SOURCE-
(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1449.)
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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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190112 36:231 (words after June 30, 1950, ch. 431, Sec.
2d comma). 11 (words after 2d comma),
64 Stat. 314.
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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.
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Enviado por: | El remitente no desea revelar su nombre |
Idioma: | inglés |
País: | Estados Unidos |