CHAPTER 1529—NATIONAL SOCIETY, DAUGHTERS OF THE AMERICAN COLONISTS

        

§152901. 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. 1420.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
152901	36:2914.	Oct. 30, 1984, Pub. L. 98–561, §15, 98 Stat. 2912.

The words "the Commonwealth of Puerto Rico" are omitted as included in "the territories and possessions of the United States".

§152902. Organization

(a) Federal Charter.—National Society, Daughters of the American Colonists (in this chapter, the "corporation"), incorporated in the District of Columbia, 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. 1420.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
152902(a)	36:2901.	Oct. 30, 1984, Pub. L. 98–561, §§1, 16 (last sentence), 17, 98 Stat. 2910, 2913.
152902(b)	36:2915 (last sentence). 36:2916.

This section is substituted for the source provisions for consistency in the revised title and to eliminate unnecessary and executed words.

§152903. Purposes

The purposes of the corporation are as provided in the articles of incorporation and include a continuing commitment, on a national basis—

(1) to conduct, record, and publish the results of research on the history and deeds of the American colonists;

(2) to publish the memoirs of American colonists;

(3) to erect memorials to commemorate the history and deeds of the American colonists;

(4) to promote respect and admiration for the institutions, laws, and flag of the United States;

(5) to engage in mutual improvement and educational activities;

(6) to establish scholarships to assist needy and deserving students and to promote the improvement of educational institutions;

(7) to engage in volunteer service and make contributions to veterans hospitals; and

(8) to perform other charitable activities, including the national presidents' projects, as may be provided in the articles of incorporation or bylaws of the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1420; Pub. L. 105–354, §1(10), Nov. 3, 1998, 112 Stat. 3244.)

Historical and Revision Notes
Pub. L. 105–225

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
152903	36:2903.	Oct. 30, 1984, Pub. L. 98–561, §3, 98 Stat. 2910.

Before clause (1), the words "objects" and "for which the corporation is organized" are omitted as unnecessary.

Clauses (6)–(8) restate 36:2903(6) as 3 clauses for clarity.

Pub. L. 105–354

This amends section 152903(8) of title 36 to correct an inconsistency in the revised title.

Editorial Notes

Amendments

1998—Par. (8). Pub. L. 105–354 substituted "corporation" for "Corporation".

§152904. 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) 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. 1420.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
152904(a)	36:2905 (words before 3d comma).	Oct. 30, 1984, Pub. L. 98–561, §5 (words before 3d comma, words after 3d comma related to discrimination in membership), 98 Stat. 2911.
152904(b)	36:2905 (words after 3d comma related to discrimination in membership).

§152905. Governing body

(a) Board of Directors.—The board of directors and the responsibilities of the board are as provided in the articles of incorporation or bylaws.

(b) Officers.—The officers and the election of officers are as provided in the articles of incorporation or bylaws.

(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. 1421.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
152905(a)	36:2906.	Oct. 30, 1984, Pub. L. 98–561, §§5 (words after 3d comma related to discrimination in holding office), 6, 7, 98 Stat. 2911.
152905(b)	36:2907.
152905(c)	36:2905 (words after 3d comma related to discrimination in holding office).

The words "in conformity with the laws of the State or States in which it is incorporated" in 36:2906 and "in conformity with the laws of the State or States wherein it is incorporated" in 36:2907 are omitted as unnecessary.

§152906. 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. 1421.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
152906	36:2902.	Oct. 30, 1984, Pub. L. 98–561, §2, 98 Stat. 2910.

The words "and subject to the laws of such State or States" are omitted as unnecessary.

§152907. Exclusive right to name, seals, emblems, and badges

The corporation has the exclusive right to use the name "National Society, Daughters of the American Colonists" and seals, emblems, and badges the corporation adopts. This section does not affect any vested rights.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1421.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
152907	36:2909.	Oct. 30, 1984, Pub. L. 98–561, §9, 98 Stat. 2911.

The words "established or", "sole and", "to have and", "in carrying out its purposes", and "or used" are omitted as unnecessary.

§152908. 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 Authorization.—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. 1421.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
152908(a)	36:2908(d).	Oct. 30, 1984, Pub. L. 98–561, §8(a)–(e), 98 Stat. 2911.
152908(b)	36:2908(c).
152908(c)	36:2908(a).
152908(d)	36:2908(b).
152908(e)	36:2908(e).

In subsection (a), the words "any shares of" are omitted as unnecessary.

In subsection (c), the words "inure to the benefit of" are substituted for "inure to" for consistency in the revised title.

§152909. 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 each State in which it is incorporated.

(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. 1421.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
152909(a)	36:2908(f).	Oct. 30, 1984, Pub. L. 98–561, §§8(f), 16 (1st sentence), 98 Stat. 2911, 2913.
152909(b)	36:2915 (1st sentence).

§152910. 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. 1421.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
152910	36:2911.	Oct. 30, 1984, Pub. L. 98–561, §11, 98 Stat. 2912.

The word "records" is substituted for "books and records" for consistency in the revised title and with other titles of the United States Code. The words "Nothing in this section shall be construed to contravene any applicable State law" are omitted as unnecessary.

§152911. 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. 1422.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
152911	36:2904.	Oct. 30, 1984, Pub. L. 98–561, §4, 98 Stat. 2910.

The words "in furtherance of its corporate purposes" are omitted as unnecessary.

§152912. 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. 1422.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
152912	36:2910.	Oct. 30, 1984, Pub. L. 98–561, §10, 98 Stat. 2911.

§152913. 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. 1422.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
152913	36:2912.	Oct. 30, 1984, Pub. L. 98–561, §13, 98 Stat. 2912.

Statutory Notes and Related Subsidiaries

Termination of Reporting Requirements

For termination, effective May 15, 2000, of reporting provisions in this section, see section 3003 of Pub. L. 104–66, set out as a note under section 1113 of Title 31, Money and Finance, and page 204 of House Document No. 103–7.