[USC03] 36 USC Ch. 229: ARMY AND NAVY UNION OF THE UNITED STATES OF AMERICA
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36 USC Ch. 229: ARMY AND NAVY UNION OF THE UNITED STATES OF AMERICA
From Title 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONSSubtitle II—Patriotic and National OrganizationsPart B—Organizations

CHAPTER 229—ARMY AND NAVY UNION OF THE UNITED STATES OF AMERICA

Sec.
22901.
Definition.
22902.
Organization.
22903.
Purposes.
22904.
Membership.
22905.
Governing body.
22906.
Powers.
22907.
Restrictions.
22908.
Duty to maintain corporate and tax-exempt status.
22909.
Records and inspection.
22910.
Service of process.
22911.
Liability for acts of officers and agents.
22912.
Annual report.

        

§22901. 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. 1309.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22901 36:3913. Nov. 6, 1986, Pub. L. 99–604, §14, 100 Stat. 3448.

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

§22902. Organization

(a) Federal Charter.—Army and Navy Union of the United States of America (in this chapter, the "corporation"), incorporated in Ohio, 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. 1309.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22902(a) 36:3901. Nov. 6, 1986, Pub. L. 99–604, §§1, 15 (last sentence), 16, 100 Stat. 3446, 3448.
22902(b) 36:3914 (last sentence).

36:3915.

Subsection (a) is substituted for the source provisions for consistency in the revised title and to eliminate executed and unnecessary words.

§22903. Purposes

The purposes of the corporation are as provided in its articles of incorporation and include—

(1) holding true allegiance to the United States Government and fidelity to its Constitution, laws, and institutions;

(2) serving our Nation under God in peace as well as in war by fostering the ideals of faith and patriotism, loyalty, justice, and liberty, by inculcating in the hearts of young and old, through precept and practice, the spirit of true Americanism, and by participating in civic activities for the good of our country and our community;

(3) uniting in fraternal fellowship those who have served, or are now serving, honorably in the Armed Forces of the United States;

(4) protecting and advancing their civic, social, and economic welfare;

(5) aiding them in sickness and distress;

(6) assisting in the burial and commemoration of their dead and providing help for their widows and orphans; and

(7) perpetuating the memory of patriotic deeds performed by the defenders of our country.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1309.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22903 36:3903. Nov. 6, 1986, Pub. L. 99–604, §3, 100 Stat. 3446.

Before clause (1), the word "objects" is omitted as included in "purposes".

§22904. Membership

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. 1310.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22904 36:3905. Nov. 6, 1986, Pub. L. 99–604, §5, 100 Stat. 3447.

§22905. 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. 1310.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22905(a) 36:3906. Nov. 6, 1986, Pub. L. 99–604, §§6, 7, 100 Stat. 3447.
22905(b) 36:3907.  

The words "and in conformity with the laws of the State or States in which it is incorporated" in 36:3906 and "and in conformity with the laws of the State or States wherein it is incorporated" in 36:3907 are omitted as unnecessary.

§22906. 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. 1310.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22906 36:3902. Nov. 6, 1986, Pub. L. 99–604, §2, 100 Stat. 3446.

The words "each State" are substituted for "State or States" for consistency in the revised title. The words "and subject to the laws of such State or States" are omitted as unnecessary.

§22907. 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. 1310.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22907(a) 36:3908(d). Nov. 6, 1986, Pub. L. 99–604, §8(a)–(e), 100 Stat. 3447.
22907(b) 36:3908(c).  
22907(c) 36:3908(a).  
22907(d) 36:3908(b).  
22907(e) 36:3908(e).  

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

In subsection (b), the words "as such" are substituted for "acting as such officer or director" for consistency in the revised title.

In subsection (c), the words "inure to the benefit of" are substituted for "shall insure [sic] to", and the words "charter granted by this chapter" are substituted for "this charter", for clarity and consistency in the revised title.

§22908. 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 Ohio.

(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. 1310.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22908(a) 36:3908(f). Nov. 6, 1986, Pub. L. 99–604, §§8(f), 15 (1st sentence), 100 Stat. 3447, 3448.
22908(b) 36:3914 (1st sentence).  

In subsection (a), the words "retain and", "organized and", and "the State of" are omitted as unnecessary.

§22909. 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. 1310.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22909 36:3910. Nov. 6, 1986, Pub. L. 99–604, §10, 100 Stat. 3447.

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.

§22910. 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. 1311.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22910 36:3904. Nov. 6, 1986, Pub. L. 99–604, §4, 100 Stat. 3446.

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

§22911. 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. 1311.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22911 36:3909. Nov. 6, 1986, Pub. L. 99–604, §9, 100 Stat. 3447.

§22912. 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. 1311.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22912 36:3911. Nov. 6, 1986, Pub. L. 99–604, §12, 100 Stat. 3448.

Termination of Reporting Requirements

For termination, effective May 15, 2000, of reporting provisions in this section, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 197 of House Document No. 103–7.