Legislación
US (United States) Code. Title 36. Subtitle II. Part B. Chapter 1511: National Education Association of the US (United States)
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36 USC CHAPTER 1511 - NATIONAL EDUCATION 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 1511 - NATIONAL EDUCATION ASSOCIATION OF THE UNITED STATES
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CHAPTER 1511 - NATIONAL EDUCATION ASSOCIATION OF THE UNITED STATES
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Sec.
151101. Organization.
151102. Purposes.
151103. Membership.
151104. Governing body.
151105. Powers.
151106. Tax exemption.
151107. Principal office.
151108. Nonapplication of audit requirements.
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36 USC Sec. 151101 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 1511 - NATIONAL EDUCATION ASSOCIATION OF THE UNITED STATES
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Sec. 151101. Organization
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(a) Federal Charter. - National Education Association of the
United States (in this chapter, the "corporation") is a federally
chartered corporation.
(b) Place of Incorporation. - The corporation is declared to be
incorporated in the District of Columbia.
(c) Perpetual Existence. - Except as otherwise provided, the
corporation has perpetual existence.
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(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1397.)
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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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151101 36:5301. June 30, 1906, ch. 3929,
Secs. 1, 10, 34 Stat. 804,
807.
36:5310.
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This section is substituted for 36:5301 for consistency in the
revised title and to eliminate executed and obsolete words. The
text of 36:5310 is omitted as executed and obsolete.
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36 USC Sec. 151102 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 1511 - NATIONAL EDUCATION ASSOCIATION OF THE UNITED STATES
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Sec. 151102. Purposes
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The purposes of the corporation are -
(1) to elevate the character and advance the interests of the
profession of teaching; and
(2) to promote the cause of education in the United States.
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(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1397.)
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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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151102 36:5302 (1st June 30, 1906, ch. 3929,
sentence). Sec. 2 (1st sentence), 34
Stat. 805.
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Before clause (1), the word "object" is omitted as included in
"purposes".
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SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 151106 of this title.
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36 USC Sec. 151103 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 1511 - NATIONAL EDUCATION ASSOCIATION OF THE UNITED STATES
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Sec. 151103. Membership
-STATUTE-
Eligibility for membership in the corporation and the rights,
obligations, and designation of classes of members are as provided
in the bylaws.
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(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1398.)
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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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151103 36:5305. June 30, 1906, ch. 3929,
Sec. 5, 34 Stat. 805; June
14, 1937, ch. 336, Sec. 1,
50 Stat. 257.
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The words "Eligibility for membership" are substituted for
"qualifications", the words "designation of classes" are
substituted for "classifications", and the words "are as provided
in the bylaws" are substituted for "shall be prescribed in the
bylaws", for consistency in the revised title.
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36 USC Sec. 151104 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 1511 - NATIONAL EDUCATION ASSOCIATION OF THE UNITED STATES
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Sec. 151104. Governing body
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(a) Officers. - The officers of the corporation are a president,
one or more vice presidents, a secretary, a treasurer, and the
members of a board of directors, an executive committee, and any
other boards, councils, and committees, and other officers, as
provided in the bylaws.
(b) Additional Provisions. - Except as provided in this chapter,
the manner of selection, term of office, powers, and duties of the
officers, boards, councils, and committees are as provided in the
bylaws. The bylaws may provide other and different provisions as to
the names and numbers of the officers, boards, councils, and
committees.
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(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1398.)
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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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151104 36:5302 (last June 30, 1906, ch. 3929,
sentence). Sec. 2 (last sentence), 34
Stat. 805.
36:5306. June 30, 1906, ch. 3929,
Sec. 6, 34 Stat. 805; June
14, 1937, ch. 336, Sec. 2,
50 Stat. 257; June 30, 1969,
Pub. L. 91-37, Sec. 1(b), 83
Stat. 43.
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In this section, the text of 36:5302 (last sentence) is omitted
as unnecessary and obsolete because it includes authority to change
or abolish the departments specified in that provision.
In subsection (a), the words "and the members of" are added for
clarity.
In subsection (b), the words "manner of selection" are
substituted for "manner of election or appointment" for consistency
in the revised title and to eliminate unnecessary words. The words
"are as provided in the bylaws" are substituted for "the bylaws of
the corporation shall prescribe" for consistency in the revised
title.
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36 USC Sec. 151105 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 1511 - NATIONAL EDUCATION ASSOCIATION OF THE UNITED STATES
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Sec. 151105. Powers
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The corporation may -
(1) adopt and amend bylaws;
(2) adopt and alter a corporate seal;
(3) acquire, own, lease, encumber, and transfer property to
carry out the purposes of the corporation;
(4) accept and administer a trust for educational purposes;
(5) borrow money, issue instruments of indebtedness, and secure
its obligations by granting security interests in its property;
and
(6) sue and be sued in any court of the United States, or other
court of competent jurisdiction.
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(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1398.)
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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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151105 36:5303. June 30, 1906, ch. 3929,
Sec. 3, 34 Stat. 805; June
30, 1969, Pub. L. 91-37,
Sec. 1(a), 83 Stat. 42.
36:5309. June 30, 1906, ch. 3929,
Sec. 9, 34 Stat. 807.
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In this section, the text of 36:5309 is omitted as executed and
obsolete.
In clause (1), the words "adopt and amend" are substituted for
"make" for consistency in the revised title. The words "not
inconsistent with the provisions of this chapter or of the
Constitution of the United States" are omitted as unnecessary.
In clause (2), the words "adopt and alter a corporate seal" are
substituted for "have and to use a common seal, and to alter and
change the same at its pleasure" for consistency in the revised
title and to eliminate unnecessary words.
Clause (3) is substituted for "take or receive, whether by gift,
grant, devise, bequest, or purchase, any real or personal estate,
and to hold, grant, transfer, sell, convey, hire, or lease the same
for the purpose of its incorporation" for consistency in the
revised title and to eliminate unnecessary words.
In clause (4), the words "of real or personal estate" and "within
the objects of the corporation" are omitted as unnecessary.
In clause (5), the words "for its corporate purposes" are omitted
as unnecessary. The words "instruments of indebtedness" are
substituted for "bonds therefor", and the words "secure its
obligations by granting security interests in its property" are
substituted for "secure the same by mortgage, deed of trust,
pledge, or otherwise", for consistency in the revised title and to
eliminate unnecessary words.
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36 USC Sec. 151106 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 1511 - NATIONAL EDUCATION ASSOCIATION OF THE UNITED STATES
-HEAD-
Sec. 151106. Tax exemption
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(a) Real Property. - Real property of the corporation is exempt
from taxation if it is -
(1) located in the District of Columbia;
(2) used for the purposes provided in section 151102 of this
title; and
(3) not used to produce income.
(b) Personal Property. - Personal property of the corporation is
exempt from taxation if it is used for the purposes provided in
section 151102 of this title or to produce income to be used for
those purposes.
(c) Annual Report. - The corporation shall submit annually to the
Secretary of Education a written report stating in detail for the
prior year -
(1) the real and personal property held by the corporation;
(2) the income from the property; and
(3) the expenditure or other use or disposition of the property
and income from the property.
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(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1398.)
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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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151106(a), 36:5304 (words June 30, 1906, ch. 3929,
(b) before last Sec. 4, 34 Stat. 805.
proviso).
151106(c) 36:5304 (last
proviso).
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In subsections (a) and (b), the words "the purposes provided in
section 151102 of this title" are substituted for "the educational
or other purposes of the corporation as aforesaid" and "educational
purposes aforesaid" for clarity. The words "Provided, however, That
this exemption shall not apply to any property of the corporation
which shall not be used for or the income of which shall not be
applied to the educational purposes of the corporation" are omitted
as unnecessary.
In subsection (b), the words "and funds" are omitted as included
in "personal property". The words "held" and "invested" are omitted
as included in "used . . . to produce income".
In subsection (c), the words "Secretary of Education" are
substituted for "Commissioner of Education of the United States"
because all functions of the Commissioner of Education have been
transferred to the Secretary of Education as provided in
20:3441(a).
TAXATION OF REAL PROPERTY OF NEA IN DISTRICT OF COLUMBIA
Pub. L. 105-277, div. A, Sec. 101(c) [Sec. 147], Oct. 21, 1998,
112 Stat. 2681-121, 2681-145, provided that: "Notwithstanding any
provision of any Federally-granted charter or any other provision
of law, beginning with fiscal year 1999 and for each fiscal year
hereafter, the real property of the National Education Association
located in the District of Columbia shall be subject to taxation by
the District of Columbia in the same manner as any similar
organization."
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36 USC Sec. 151107 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 1511 - NATIONAL EDUCATION ASSOCIATION OF THE UNITED STATES
-HEAD-
Sec. 151107. Principal office
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The principal office of the corporation shall be in the District
of Columbia. However, the activities of the corporation may be
conducted, and offices may be maintained, throughout the United
States in accordance with the bylaws.
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(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1398.)
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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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151107 36:5308. June 30, 1906, ch. 3929,
Sec. 8, 34 Stat. 807; June
14, 1937, ch. 336, Sec. 4,
50 Stat. 258.
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The words "activities of the corporation may be conducted" are
substituted for "meetings of the corporation, its officers,
committees, and departments, may be held, and . . . its business
may be transacted" for consistency in the revised title and to
eliminate unnecessary words.
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36 USC Sec. 151108 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 1511 - NATIONAL EDUCATION ASSOCIATION OF THE UNITED STATES
-HEAD-
Sec. 151108. Nonapplication of audit requirements
-STATUTE-
The audit requirements of section 10101 of this title do not
apply to the corporation.
-SOURCE-
(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1399.)
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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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151108 (no source).
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This section is added to except the National Education
Association of the United States from the application of section
10101 of the revised title, restating 36:1101-1103, which imposes
audit requirements on certain federally chartered corporations. The
Association is not included in the list of corporations set out in
36:1101 to which the audit requirements apply.
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Enviado por: | El remitente no desea revelar su nombre |
Idioma: | inglés |
País: | Estados Unidos |