1. U.S. Code
  2. title 36
  3. subtitle II
  4. part B
  5. chapter 209
  6. § 20902

Collapse to view only § 20902. Organization

§ 20901. 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. 1290.)

CITE AS: 36 USC 20901

§ 20902. Organization
(a)Federal Charter.—American Ex-Prisoners of War (in this chapter, the “corporation”), a nonprofit corporation incorporated in the State of Washington, 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. 1290.)

CITE AS: 36 USC 20902

§ 20903. Purposes
The purposes of the corporation are as provided in the articles of incorporation and include—
(1) encouraging fraternity for the common good;
(2) fostering patriotism and loyalty;
(3) assisting widows and orphans of deceased ex-prisoners of war;
(4) assisting ex-prisoners of war who have been injured or disabled as a result of their service;
(5) maintaining allegiance to the United States;
(6) preserving and defending the United States from all enemies; and
(7) maintaining historical records.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1290.)

CITE AS: 36 USC 20903

§ 20904. Membership

Except as provided in this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in the bylaws.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1291.)

CITE AS: 36 USC 20904

§ 20905. 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.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1291.)

CITE AS: 36 USC 20905

§ 20906. 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. 1291.)

CITE AS: 36 USC 20906

§ 20907. Exclusive right to name and emblem

The corporation has the exclusive right to use and to allow others to use the name “American Ex-Prisoners of War” and the official American Ex-Prisoners of War emblem or any colorable simulation of that emblem. This section does not affect any vested rights.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1291.)

CITE AS: 36 USC 20907

§ 20908. Restrictions
(a)Stock 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. 1291; Pub. L. 109–284, § 5(5), Sept. 27, 2006, 120 Stat. 1212.)

CITE AS: 36 USC 20908

§ 20909. Duty to maintain corporate and tax-exempt status
(a)Corporate Status.—The corporation shall maintain its status as a corporation incorporated under the laws of the State of Washington.
(b)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. 1291.)

CITE AS: 36 USC 20909

§ 20910. Records and inspection
(a)Records.—The Corporation shall keep—
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, 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. 1292.)

CITE AS: 36 USC 20910

§ 20911. 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. 1292.)

CITE AS: 36 USC 20911

§ 20912. 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. 1292.)

CITE AS: 36 USC 20912

§ 20913. 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. 1292.)

CITE AS: 36 USC 20913