Collapse to view only § 170105. Exclusive right to name, seals, emblems, and badges
- § 170101. Organization
- § 170102. Purposes
- § 170103. Membership
- § 170104. Powers
- § 170105. Exclusive right to name, seals, emblems, and badges
- § 170106. Restrictions
- § 170107. Headquarters and principal place of business
- § 170108. Records and inspection
- § 170109. Service of process
- § 170110. Liability for acts of officers and agents
- § 170111. Distribution of assets on dissolution or final liquidation
§ 170101. Organization
(a)Federal Charter.—Paralyzed Veterans of America (in this chapter, the “corporation”) is a federally chartered corporation.
(b)Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1439.)
§ 170102. Purposes
The purposes of the corporation are—
(1) to preserve the great and basic truths and enduring principles on which this Nation was founded;
(2) to form a national association for the benefit of individuals who have suffered injuries or diseases of the spinal cord;
(3) to acquaint the public with the needs and problems of paraplegics;
(4) to promote medical research in the several fields connected with injuries and diseases of the spinal cord, including research in neurosurgery and orthopedics and in genitourinary and orthopedic appliances; and
(5) to advocate and foster complete and effective reconditioning programs for paraplegics, including a thorough physical reconditioning program, physiotherapy, competent walking instructions, adequate guidance (both vocational and educational), academic and vocational education (both in hospitals and in educational institutions), psychological orientation and readjustment to family and friends, and occupational therapy (both functional and diversional).
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1439.)
§ 170103. Membership
An individual is eligible for membership in the corporation if the individual—
(1) is a citizen of the United States;
(2) was regularly enlisted, inducted, or commissioned, and was accepted for or on active duty, in the Army, Navy, Marine Corps, Air Force, or Coast Guard of the United States or an ally of the United States;
(3)
(A) was separated from service in the Armed Forces under conditions other than dishonorable; or
(B) is on active duty or must continue to serve after the cessation of hostilities; and
(4) has suffered a spinal cord injury or disease, whether or not service connected in origin.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1440.)
§ 170104. Powers
(a)Specific Powers.—The corporation may—
(1) adopt and amend a constitution and bylaws;
(2) adopt and alter a corporate seal, emblems, and badges;
(3) choose officers, representatives, and agents as necessary to carry out the purposes of the corporation;
(4) make contracts;
(5) accept gifts, legacies, and devises that will further the purposes of the corporation;
(6) acquire, own, lease, encumber, and transfer property as necessary to carry out the purposes of the corporation;
(7) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property;
(8) establish, regulate, and discontinue subordinate State and regional organizations and local chapters or posts;
(9) establish and maintain offices to conduct the affairs of the corporation;
(10) publish a magazine, newspaper, and other publications;
(11) sue and be sued; and
(12) do any other act necessary and proper to carry out the purposes of the corporation.
(b)Privileges of Other National Veterans’ Organizations.—Privileges granted to other national veterans’ organizations as a result of their being incorporated by Congress are also granted to the corporation.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1440.)
§ 170105. Exclusive right to name, seals, emblems, and badges
The corporation and its State and regional organizations and local chapters or posts have the exclusive right to use the name “Paralyzed Veterans of America” and seals, emblems, and badges the corporation lawfully adopts.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1441.)
§ 170106. Restrictions
(a)Profit.—The corporation may not engage in business for profit.
(b)Stock.—The corporation may not issue stock.
(c)Political Activities.—The corporation shall be nonpolitical and may not provide financial aid to, or otherwise promote the candidacy of, an individual seeking 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, a director, officer, member, or employee during the life of the corporation or on its dissolution or final liquidation. This subsection does not prevent the payment of reasonable compensation to an officer or employee or reimbursement for actual necessary expenses in amounts approved by the board of directors.
(e)Loans.—The corporation may not make a loan to a director, officer, member, or employee. Directors who vote for or assent to making such a loan, and officers who participate in making the loan, are jointly and severally liable to the corporation for the amount of the loan until it is repaid.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1441.)
§ 170107. Headquarters and principal place of business
The headquarters and principal place of business of the corporation shall be in the District of Columbia. However, the activities of the corporation are not confined to the District of Columbia but may be conducted throughout the States, territories, and possessions of the United States.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1441.)
§ 170108. Records and inspection
(a)Records.—The corporation shall keep—
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, executive committee, and committees having any of the authority of its executive committee; 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. 1441.)
§ 170109. Service of process
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 an organization, chapter, or post 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.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1441.)
§ 170110. 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. 1442.)
§ 170111. Distribution of assets on dissolution or final liquidation
On dissolution or final liquidation of the corporation, any assets remaining after the discharge or satisfactory provision for discharge of all liabilities shall be transferred to the Secretary of Veterans Affairs to be applied to the care and comfort of paralyzed veterans.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1442.)