Incorporation
Three or more individuals (hereinafter in this chapter referred to as “incorporators”), a majority of whom are citizens of the United States, may, as hereinafter in this chapter provided, form a District of Columbia corporation for the purpose of engaging in business within China.
Articles of incorporation
Prohibited transactions
section 50501 of title 46A China Trade Act corporation shall not engage in the business of discounting bills, notes, or other evidences of debt, of receiving deposits, of buying and selling bills of exchange, or of issuing bills, notes, or other evidences of debt, for circulation as money; nor engage in any other form of banking business; nor engage in any form of insurance business; nor engage in, nor be formed to engage in, the business of owning or operating any vessel, unless the controlling interest in such corporation is owned by citizens of the United States, within the meaning of .
Capital stock requirements
section 148 of this titlesection 154 of this titleNo certificate of incorporation shall be delivered to a China Trade Act corporation and no incorporation shall be complete until at least 25 per centum of its authorized capital stock has been paid in cash, or, in accordance with the provisions of , in real or personal property which has been placed in the custody of the directors, and such corporation has filed a statement to this effect under oath with the registrar within six months after the issuance of its certificate of incorporation, except that the registrar may grant additional time for the filing of such statement upon application made prior to the expiration of such six months. If any such corporation transacts business in violation of this subdivision of this section or fails to file such statement within six months, or within such time as the registrar prescribes upon such application, the registrar shall institute proceedings under for the revocation of the certificate.
Sept. 19, 1922, ch. 346, § 442 Stat. 850Feb. 26, 1925, ch. 34543 Stat. 995June 25, 1938, ch. 696, § 152 Stat. 1195(, ; , §§ 1–5, ; , .)
Editorial Notes
Codification
section 50501 of title 46Pub. L. 109–304, § 18(c)120 Stat. 1709In subsec. (c), “” substituted for “section 2 of the Shipping Act, 1916, as amended” on authority of , , , section 8(b) of which enacted parts A and B of subtitle V of Title 46, Shipping.
Amendments
1938—Subsec. (b)(5). Act , amended par. (5) generally.
1925—Act amended subsecs. (a), (b)(6), (7), and (c), and added subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 1938 Amendment
Act , provided that the amendment shall apply to all China Trade Act corporations created after the date of enactment of the act.