Collapse to view only § 22704. Governing body
- § 22701. Organization
- § 22702. Purposes
- § 22703. Membership
- § 22704. Governing body
- § 22705. Powers
- § 22706. Exclusive right to name, seals, emblems, and badges
- § 22707. Restrictions
- § 22708. Headquarters and principal place of business
- § 22709. Records and inspection
- § 22710. Service of process
- § 22711. Liability for acts of officials, representatives, and agents
- § 22712. Distribution of assets on dissolution or final liquidation
§ 22701. Organization
(a)Federal Charter.—AMVETS (American Veterans) (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. 1306; Pub. L. 107–241, § 1(a)(1), Oct. 16, 2002, 116 Stat. 1496.)
§ 22702. Purposes
The purposes of the corporation are—
(1) to preserve for ourselves and our posterity the great and basic truths and enduring principles upon which this Nation was founded;
(2) to maintain a continuing interest in the welfare and rehabilitation of the disabled veterans of World War II, the Korean conflict, and the Vietnam era and to establish facilities for the assistance of all veterans and to represent them in their claims before the Department of Veterans Affairs and other organizations without charge;
(3) to dedicate ourselves to the service and best interests of the community, State, and Nation to the end that our country shall be and remain forever a whole, strong, and free Nation;
(4) to aid and encourage the abolition of prejudice, ignorance, and disease;
(5) to encourage universal exercise of the voting franchise to the end that there shall be elected and maintained in public office men and women who hold public office as a public trust administered in the best interests of all the people;
(6) to advocate the development and means by which all Americans may become enlightened and informed citizens and thus participate fully in the functions of our democracy;
(7) to encourage and support an international organization of all peace-loving nations to the end that not again shall any nation be permitted to breach their national peace;
(8) to continue to serve the best interests of our Nation in peace as in war;
(9) to develop to the utmost the human, mental, spiritual, and economical resources of our Nation;
(10) to perpetuate and preserve the friendships and comradeship born on the battle front and nurtured in the common experience of service to our Nation during time of war; and
(11) to honor the memory of those men and women who gave their lives that a free America and a free world might live by the creation of living memorials in the form of additional educational, cultural, and recreational facilities.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1306.)
§ 22703. 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)Voting.—Each member has one vote in the conduct of official business at the post level.
(c)Nondiscrimination.—The terms of membership may not discriminate on the basis of race, color, religion, sex, or national origin.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1307.)
§ 22704. Governing body
(a)Delegates to National Conventions.—Each post may elect delegates to national conventions of the corporation. The delegates each have one vote in the conduct of business of the convention to which they are elected.
(b)Executive Committee.—The executive committee of the corporation consists of—
(1) one member elected to represent each department; and
(2) the officers of the corporation as ex officio members.
(c)Officers.—
(1) The officers of the corporation are a national commander, two national vice commanders, a finance officer, a judge advocate, a chaplain, six national district commanders, and a provost marshal.
(2) The officers shall be elected by the delegates at the annual national convention.
(d)Nondiscrimination.—The requirements for holding office in the corporation may not discriminate on the basis of race, color, religion, sex, or national origin.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1307; Pub. L. 107–241, § 1(b), Oct. 16, 2002, 116 Stat. 1496.)
§ 22705. Powers
(a)General.—The corporation may—
(1) adopt bylaws and regulations for the management of its property and the regulation of its affairs;
(2) adopt seals, emblems, and badges;
(3) choose officers, representatives, and agents as necessary to carry out the purposes of the corporation;
(4) make contracts;
(5) establish State and regional organizations and local posts;
(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) publish a magazine, newspaper, and other publications consistent with the purposes of the corporation;
(9) sue and be sued; and
(10) do any other act necessary and proper to carry out the purposes of the corporation.
(b)Powers Granted to Other Organizations.—The provisions, privileges, and prerogatives granted before July 24, 1947, to other national veterans’ organizations because of their incorporation by Congress are granted to the corporation.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1307.)
§ 22706. Exclusive right to name, seals, emblems, and badges
The corporation and its State, regional, and local subdivisions have the exclusive right to use the name “AMVETS (American Veterans)” and seals, emblems, and badges the corporation adopts.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1308; Pub. L. 107–241, § 1(a)(1), Oct. 16, 2002, 116 Stat. 1496.)
§ 22707. Restrictions
(a)Profit.—The corporation shall operate as a not-for-profit corporation, exclusively for charitable, educational, patriotic, and civic improvement purposes.
(b)Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.
(c)Political Activities.—The corporation or an officer of the corporation or member of its executive committee as such may not contribute to, support, or assist a political party or candidate for elective public office. The corporation may not carry on propaganda.
(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, or member of the corporation, except on dissolution or final liquidation of the corporation.
(e)Loans.—The corporation may not make a loan or advance to a director or officer. Directors who vote for or assent to making a loan or advance to a director or officer, and officers who participate in making the loan or advance, are jointly and severally liable to the corporation for the amount of the loan or advance until it is repaid.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1308.)
§ 22708. Headquarters and principal place of business
The headquarters and principal place of business of the corporation shall be in Maryland. However, the activities of the corporation are not confined to Maryland but may be conducted throughout the States, territories, and possessions of the United States.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1308; Pub. L. 107–241, § 1(c), Oct. 16, 2002, 116 Stat. 1496.)
§ 22709. 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 registered or principal office, a record of the names and addresses of its members entitled to vote.
(b)Inspection.—A member, 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. 1308.)
§ 22710. Service of process
(a)District of Columbia.—The corporation shall have a designated agent in the District of Columbia to receive service of process for the corporation. Notice to or service on the agent, or mailed to the business address of the agent, is notice to or service on the corporation.
(b)States.—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, the name and address of an agent in that State on whom legal process or demands against the corporation may be served.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1308.)
§ 22711. Liability for acts of officials, representatives, and agents
The corporation is liable for the acts of its officials, representatives, and agents acting within the scope of their authority.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1309.)
§ 22712. 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 disabled veterans of World War II, the Korean conflict, and the Vietnam era.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1309.)