36 USC 80502 - Organization

Collapse to view only § 80502. Organization

§ 80501. Definition
§ 80502. Organization
§ 80503. Purposes
§ 80504. Membership
§ 80505. Governing body
§ 80506. Powers
§ 80507. Restrictions
§ 80508. Duty to maintain tax-exempt status
§ 80509. Records and inspection
§ 80510. Service of process
§ 80511. Liability for acts of officers and agents
§ 80512. Annual report

§ 80501. 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. 1362.)

§ 80502. Organization

(a)Federal Charter.—Gold Star Wives of America (in this chapter, the “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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1363.)

§ 80503. Purposes

The purposes of the corporation are—

(1) to operate in the public interest, as a nonpartisan and nonprofit organization, solely for patriotic, charitable, literary, educational, scientific, or civic improvement purposes; and

(2) the purposes stated in its articles of incorporation that are not inconsistent with the purposes described in clause (1) of this section.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1363.)

§ 80504. 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 articles of incorporation and bylaws.

(b)Nondiscrimination.—The terms of membership may not discriminate on the basis of race, color, religion, or national origin.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1363.)

§ 80505. 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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1363.)

§ 80506. Powers

The corporation has only the powers provided in its bylaws and articles of incorporation filed in the State in which it is incorporated.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1363.)

§ 80507. 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 any director, officer, or employee.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1363.)

§ 80508. 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.).

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1364.)

§ 80509. 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. 1364.)

§ 80510. 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. 1364.)

§ 80511. 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 and in accordance with the laws of the States in which it carries on its activities.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1364.)

§ 80512. Annual report

The corporation shall submit an annual report to Congress on the activities of the corporation during the prior calendar year. The report may not be printed as a public document.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1364.)