USC Chapter 2103

in effect

36 U.S.C. § 210301 Definition

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

36 U.S.C. § 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.

36 U.S.C. § 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.

36 U.S.C. § 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.

36 U.S.C. § 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.

36 U.S.C. § 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.

36 U.S.C. § 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.

36 U.S.C. § 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.

36 U.S.C. § 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.).

36 U.S.C. § 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.

36 U.S.C. § 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.

36 U.S.C. § 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.

36 U.S.C. § 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.