36 USC Ch. 2103: 369TH VETERANS' ASSOCIATION
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36 USC Ch. 2103: 369TH VETERANS' ASSOCIATION
From Title 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONSSubtitle II—Patriotic and National OrganizationsPart B—Organizations

CHAPTER 2103—369TH VETERANS' ASSOCIATION

Sec.
210301.
Definition.
210302.
Organization.
210303.
Purposes.
210304.
Membership.
210305.
Governing body.
210306.
Powers.
210307.
Exclusive right to name, seals, emblems, and badges.
210308.
Restrictions.
210309.
Duty to maintain tax-exempt status.
210310.
Records and inspection.
210311.
Service of process.
210312.
Liability for acts of officers and agents.
210313.
Annual report.

        

§210301. Definition

For purposes of this chapter, "State" includes the District of Columbia and the territories and possessions of the United States.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1457.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
210301 36:3013. Oct. 30, 1984, Pub. L. 98–565, §14, 98 Stat. 2922.

The words "the Commonwealth of Puerto Rico" are omitted as included in "the territories and possessions of the United States".

§210302. Organization

(a) Federal Charter.—369th Veterans' Association (in this chapter, the "corporation"), a nonprofit corporation incorporated in New York, is a federally chartered corporation.

(b) Expiration of Charter.—If the corporation does not comply with any provision of this chapter, the charter granted by this chapter expires.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1457.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
210302(a) 36:3001. Oct. 30, 1984, Pub. L. 98–565, §§1, 15 (last sentence), 17, 98 Stat. 2920, 2922.
210302(b) 36:3014 (last sentence).

36:3016.

This section is substituted for the source provisions for consistency in the revised title.

§210303. Purposes

The purposes of the corporation are as provided in the articles of incorporation and include—

(1) promoting the principles of friendship and good will among its members;

(2) engaging in social and civic activities that tend to enhance the welfare of its members and inculcate the true principles of good citizenship in its members; and

(3) memorializing, individually and collectively, the patriotic services of its members in the 369th antiaircraft artillery group and other units in the Armed Forces of the United States.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1457.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
210303 36:3003. Oct. 30, 1984, Pub. L. 98–565, §3, 98 Stat. 2920.

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

In clause (3), the words "the several units of" are omitted as unnecessary.

§210304. Membership

(a) Eligibility.—Except as provided in this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in the constitution and bylaws of the corporation.

(b) Nondiscrimination.—The terms of membership may not discriminate on the basis of race, color, religion, or national origin.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1457.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
210304(a) 36:3005 (words before 3d comma). Oct. 30, 1984, Pub. L. 98–565, §5 (words before 3d comma, words after 3d comma related to discrimination in membership), 98 Stat. 2920.
210304(b) 36:3005 (words after 3d comma related to discrimination in membership).  

§210305. Governing body

(a) Board of Directors.—The board of directors and the responsibilities of the board are as provided in the articles of incorporation.

(b) Officers.—The officers and the election of officers are as provided in the articles of incorporation.

(c) Nondiscrimination.—The requirements for holding office in the corporation may not discriminate on the basis of race, color, religion, or national origin.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1457.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
210305(a) 36:3006. Oct. 30, 1984, Pub. L. 98–565, §§5 (words after 3d comma related to discrimination in holding office), 6, 7, 98 Stat. 2920, 2921.
210305(b) 36:3007.  
210305(c) 36:3005 (words after 3d comma related to discrimination in holding office).  

The words "and in conformity with the laws of the State or States in which it is incorporated" in 36:3006 and "and in conformity with the laws of the State or States wherein it is incorporated" in 36:3007 are omitted as unnecessary.

§210306. Powers

The corporation has only the powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1457.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
210306 36:3002. Oct. 30, 1984, Pub. L. 98–565, §2, 98 Stat. 2920.

The words "and subject to the laws of such State or States" are omitted as unnecessary.

§210307. Exclusive right to name, seals, emblems, and badges

The corporation has the exclusive right to use the name "369th Veterans' Association" and seals, emblems, and badges the corporation adopts. This section does not affect any vested rights.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1458.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
210307 36:3015. Oct. 30, 1984, Pub. L. 98–565, §16, 98 Stat. 2922.

The words "sole and" are omitted as unnecessary. The words "This section does not affect any vested rights" are substituted for "Nothing in this section shall be construed to interfere or conflict with established or vested rights" for consistency in the revised title.

§210308. Restrictions

(a) Stocks 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 participate in any political activity or in any manner attempt to influence legislation.

(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 during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(d) Loans.—The corporation may not make a loan to a director, officer, or employee.

(e) Claim of Governmental Approval or Authority.—The corporation may not claim congressional approval or the authority of the United States Government for any of its activities.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1458.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
210308 36:3008. Oct. 30, 1984, Pub. L. 98–565, §8, 98 Stat. 2921.

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 "This subsection does not prevent" are substituted for "Nothing in this subsection shall be construed to prevent" for consistency in the revised title.

§210309. Duty to maintain tax-exempt status

The corporation shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1458.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
210309 36:3014 (1st sentence). Oct. 30, 1984, Pub. L. 98–565, §15 (1st sentence), 98 Stat. 2922.

§210310. Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, the 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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1458.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
210310 36:3010. Oct. 30, 1984, Pub. L. 98–565, §10, 98 Stat. 2921.

The word "records" is substituted for "books and records" for consistency in the revised title and with other titles of the United States Code. The words "Nothing in this section shall be construed to contravene any applicable State law" are omitted as unnecessary.

§210311. Service of process

The corporation shall comply with the law on service of process of each State in which it is incorporated and each State in which it carries on activities.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1458.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
210311 36:3004. Oct. 30, 1984, Pub. L. 98–565, §4, 98 Stat. 2920.

The words "in furtherance of its corporate purposes" are omitted as unnecessary.

§210312. Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1458.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
210312 36:3009. Oct. 30, 1984, Pub. L. 98–565, §9, 98 Stat. 2921.

§210313. Annual report

The corporation shall submit an annual report to Congress on the activities of the corporation during the prior fiscal year. The report shall be submitted at the same time as the report of the audit required by section 10101 of this title. The report may not be printed as a public document.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1458.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
210313 36:3011. Oct. 30, 1984, Pub. L. 98–565, §12, 98 Stat. 2922.

Statutory Notes and Related Subsidiaries

Termination of Reporting Requirements

For termination, effective May 15, 2000, of reporting provisions in this section, see section 3003 of Pub. L. 104–66, set out as a note under section 1113 of Title 31, Money and Finance, and page 207 of House Document No. 103–7.