Collapse to view only § 30304. Governing body
- § 30301. Organization
- § 30302. Purposes
- § 30303. Membership
- § 30304. Governing body
- § 30305. Powers
- § 30306. Exclusive right to name, seals, emblems, and badges
- § 30307. Restrictions
- § 30308. Principal office
- § 30309. Records and inspection
- § 30310. Service of process
- § 30311. Liability for acts of officers and agents
- § 30312. Distribution of assets on dissolution or final liquidation
§ 30301. Organization
(a)Federal Charter.—Blinded Veterans Association (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. 1317.)
§ 30302. Purposes
The purposes of the corporation are—
(1) to operate as a not-for-profit corporation exclusively for charitable, educational, patriotic, and civic improvement purposes;
(2) to promote the welfare of blinded veterans so that, notwithstanding their disabilities, they may take their rightful place in the community and work with their fellow citizens toward the creation of a peaceful world;
(3) to preserve and strengthen a spirit of fellowship among blinded veterans so that they may give mutual aid and assistance to one another; and
(4) to maintain and extend the institutions of American freedom and to encourage loyalty to the Constitution and laws of the United States and of the States in which they reside.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1317.)
§ 30303. Membership
(a)General Membership.—An individual who served in the Armed Forces of the United States and who, in the line of duty in that service, sustained a substantial impairment of sight or vision as defined by the bylaws of the corporation is eligible for general membership in the corporation.
(b)Honorary and Associate Membership.—In addition to general membership, the corporation shall have special classes of honorary and associate membership. Eligibility for, and the rights and obligations of, those special classes are as provided in the bylaws.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1317.)
§ 30304. Governing body
(a)Board of Directors.—
(1) The number of directors of the corporation shall be at least three but not more than 15. The directors shall be divided into a specified number of classes. Each class shall hold office for a definite period of years as provided in the bylaws.
(2) A majority of the directors must be present at a meeting of directors to constitute a quorum. A majority vote of the directors present at a meeting at which there is a quorum is necessary for the transaction of business.
(3) A director may be removed at any time for just and proper cause by a majority vote of a quorum of directors present at a meeting called for that purpose.
(4) A vacancy in the office of director may be filled by a majority vote of a quorum of the remaining directors present at a meeting called for that purpose. A director elected to fill a vacancy serves until the next annual meeting of the corporation.
(b)Officers.—The officers of the corporation and their manner of election, term of office, duties, and powers are as provided in the bylaws.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1317.)
§ 30305. Powers
The corporation may—
(1) adopt and amend a constitution and bylaws for the management of its property and the regulation of its affairs;
(2) adopt and alter a corporate seal;
(3) choose officers, managers, and agents as the activities of the corporation require;
(4) charge and collect membership dues;
(5) make contracts;
(6) acquire, own, lease, encumber, and transfer property as necessary or convenient 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) sue and be sued; and
(9) do any other act necessary and proper to carry out the purposes of the corporation.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1318.)
§ 30306. Exclusive right to name, seals, emblems, and badges
The corporation and its authorized regional groups and other local subdivisions have the exclusive right to use the name “Blinded Veterans Association” and seals, emblems, and badges the corporation adopts.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1318.)
§ 30307. 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 assist a political party or candidate for elective public office.
(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 as such during the life of the corporation or on its dissolution or final liquidation. This section does not prevent the payment of—
(1) bona fide expenses of officers of the corporation in amounts approved by the board of directors; or
(2) appropriate aid to blinded veterans or their widows or children in carrying out the purposes of the corporation.
(d)Loans.—The corporation may not make a loan to a director, officer, or employee. Directors and officers who vote for or assent to making a loan to a director, officer, or employee, 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.
(e)Immunity From Liability.—Members and private individuals are not liable for the obligations of the corporation.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1318.)
§ 30308. Principal office
The principal office of the corporation shall be in the District of Columbia or another place decided by the board of directors. However, the activities of the corporation are not confined to the place where the principal office is located but may be conducted throughout the States, territories, and possessions of the United States.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1318.)
§ 30309. 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, directors, and officers.
(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. 1319.)
§ 30310. Service of process
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.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1319.)
§ 30311. 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. 1319.)
§ 30312. Distribution of assets on dissolution or final liquidation
On dissolution or final liquidation of the corporation, any assets remaining after the discharge of all liabilities shall be transferred to the Secretary of Veterans Affairs to be applied to the care and comfort of blinded veterans.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1319.)