[USC02] 36 USC Ch. 1301: LADIES OF THE GRAND ARMY OF THE REPUBLIC
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TEXT OF PART V OF SUBTITLE A (3001 ET SEQ.), EFFECTIVE JANUARY 1, 2022, CURRENTLY SET OUT AS A PREVIEW

36 USC Ch. 1301: LADIES OF THE GRAND ARMY OF THE REPUBLIC
From Title 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONSSubtitle II—Patriotic and National OrganizationsPart B—Organizations

CHAPTER 1301—LADIES OF THE GRAND ARMY OF THE REPUBLIC

Sec.
130101.
Organization.
130102.
Purposes.
130103.
Membership.
130104.
Governing body.
130105.
Powers.
130106.
Exclusive right to name, seals, emblems, and badges.
130107.
Restrictions.
130108.
Principal office.
130109.
Records and inspection.
130110.
Service of process.
130111.
Liability for acts of officers and agents.
130112.
Annual report.
130113.
Distribution of assets on dissolution or final liquidation.

        

§130101. Organization

(a) Federal Charter.—Ladies of the Grand Army of the Republic (in this chapter, the "corporation") is a federally chartered corporation.

(b) Place of Incorporation and Domicile.—The corporation is declared to be incorporated and domiciled in the District of Columbia.

(c) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1371.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
130101 36:78. June 17, 1959, Pub. L. 86–47, §§1, 2, 4(1), 73 Stat. 76, 77.
  36:78a.

36:78c(1).

This section is substituted for the source provisions for consistency in the revised title and to eliminate executed and unnecessary words. The text of 36:78a is omitted as executed and obsolete.

§130102. Purposes

The purposes of the corporation are—

(1) to perpetuate the memory of the Grand Army of the Republic and of the men who saved the Union in 1861 to 1865;

(2) to assist in every practicable way in preserving, and making available for research, documents and records pertaining to the Grand Army of the Republic and its members;

(3) to cooperate in doing honor to all those who have served our country patriotically in any way;

(4) to teach patriotism, the duties of citizenship, the true history of our country, and the love and honor of our flag;

(5) to oppose every tendency or movement that would weaken loyalty to, destroy, or impair our constitutional Union; and

(6) to inculcate and broadly sustain the American principles of representative government, equal rights, and impartial justice for all.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1371.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
130102 36:78b. June 17, 1959, Pub. L. 86–47, §3, 73 Stat. 77.

In clause (5), the words "destroy, or impair" are substituted for "make for the destruction or impairment of" to eliminate unnecessary words.

§130103. Membership

(a) Eligibility.—(1) Except as provided in this chapter, eligibility for membership in the corporation and the rights, privileges, and designation of classes of members are as provided in the constitution and bylaws of the corporation.

(2) Eligibility for membership is limited to female blood relatives of an individual who—

(A) served at any time during the period April 12, 1861, through April 9, 1865, as a soldier or sailor in—

(i) the United States Army, Navy, Marine Corps, or Revenue-Cutter Service; or

(ii) a State regiment that was called into active service and was subject to orders of United States general officers during that period; and


(B) was honorably discharged from, or died in, that service.


(b) Voting.—Each member has one vote on each matter submitted to a vote at a meeting of the members.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1371.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
130103 36:78d. June 17, 1959, Pub. L. 86–47, §5, 73 Stat. 78.

In subsection (a)(1), the words "are as provided in the constitution and bylaws of the corporation" are substituted for "shall . . . be determined as the constitution and bylaws of the corporation may provide" for consistency in the revised title.

In subsection (a)(2)(A), the words "at any time" are added for clarity.

§130104. Governing body

(a) National Convention.—(1) The national convention is the supreme governing authority of the corporation.

(2) The national convention is composed of officers and elected representatives from the States and other local subdivisions of the corporation as provided in the constitution and bylaws. However, the form of government of the corporation must be representative of the membership at large and may not permit concentration of control in a limited number of members or in a self-perpetuating group not representative of the membership at large.

(3) The meetings of the national convention may be held in the District of Columbia or in any State, territory, or possession of the United States.

(b) Officers.—The titles, manner of selection, term of office, and duties of the officers are as provided in the constitution and bylaws of the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1372.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
130104(a) 36:78e. June 17, 1959, Pub. L. 86–47, §§6, 7, 73 Stat. 78.
130104(b) 36:78f.  

In subsection (a)(2), the words "several", "always", "thereof", and "the hands of" are omitted as unnecessary.

In subsection (a)(3), the words "State, territory, or possession of the United States" are substituted for "State or Territory" for consistency in the revised title and with other titles of the United States Code.

§130105. 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, agents, and employees as the activities of the corporation require;

(4) make contracts;

(5) acquire, own, lease, encumber, and transfer property as necessary or convenient to carry out the purposes of the corporation;

(6) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property;

(7) sue and be sued; and

(8) do any other act necessary and proper to carry out the purposes of the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1372.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
130105 36:78c(2)–(10). June 17, 1959, Pub. L. 86–47, §4(2)–(10), 73 Stat. 77.

In clause (1), the word "alter" is omitted as included in "amend". The words "not inconsistent with the laws of the United States or of any State in which the corporation is to operate" are omitted as unnecessary.

In clause (2), the word "use" is omitted as unnecessary.

In clause (4), the words "make contracts" are substituted for "contract and be contracted with" for consistency in the revised title and to eliminate unnecessary words.

Clause (5) is substituted for "take by lease, gift, purchase, grant, devise, or bequest from any public body or agency or any private corporation, association, partnership, firm, or individual and to hold absolutely or in trust for any of the purposes of the corporation any property, real, personal, or mixed, necessary or convenient for attaining the objects and carrying into effect the purposes of the corporation" and "transfer, convey, lease, sublease, encumber and otherwise alienate real, personal, or mixed property" for consistency in the revised title and to eliminate unnecessary words. The words "subject, however, to applicable provisions of law of any State (A) governing the amount or kind of property which may be held by, or (B) otherwise limiting or controlling the ownership of property by, a corporation operating in such State" are omitted as unnecessary.

In clause (6), the words "for the purposes of the corporation" are omitted as unnecessary. The words "issue instruments of indebtedness, and secure its obligations by granting security interests in its property" are substituted for "issue bonds therefor, and secure the same by mortgage, deed of trust, pledge or otherwise" for consistency in the revised title. The words "subject in every case to all applicable provisions of Federal and State laws" are omitted as unnecessary.

In clause (7), the words "complain and defend in any court of competent jurisdiction" are omitted as unnecessary.

In clause (8), the words "any other act" are substituted for "any and all acts and things" for consistency in the revised title and to eliminate unnecessary words. The word "objects" is omitted as included in "purposes".

§130106. Exclusive right to name, seals, emblems, and badges

The corporation and its subordinate divisions have the exclusive right to use the name "Ladies of the Grand Army of the Republic". The corporation has the exclusive right to use and to allow others to use seals, emblems, and badges the corporation adopts.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1372.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
130106 36:78o. June 17, 1959, Pub. L. 86–47, §16, 73 Stat. 79.

The word "sole" is omitted as included in "exclusive". The words "allow others to use" are substituted for "allow or refuse the use of", and the words "the corporation adopts" are substituted for "as have heretofore been used by the Ladies of the Grand Army of the Republic", for consistency in the revised title.

§130107. Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or an officer or agent as such may not contribute to a political party or candidate for 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, an officer or member during the life of the corporation or on its dissolution or final liquidation. This subsection does not prevent the payment of compensation to an officer or reimbursement for actual necessary expenses in amounts approved by the council of administration of the corporation.

(d) Loans.—The corporation may not make a loan or advance to an officer or employee. Members of the council of administration who vote for or assent to making a loan or advance to an officer or employee, 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. 1372.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
130107(a) 36:78k. June 17, 1959, Pub. L. 86–47, §§9, 10, 12, 73 Stat. 78, 79.
130107(b) 36:78i.  
130107(c) 36:78h(a).  
130107(d) 36:78h(b).  

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

In subsections (c) and (d), the reference to the "council of administration" is retained although there is no council of administration created by 36:78e or 36:78f.

In subsection (c), the words "inure to the benefit of" are substituted for "inure to" for consistency in the revised title. The words "This subsection does not prevent" are substituted for "Nothing in this subsection, however, shall be construed to prevent" for consistency in the revised title and to eliminate unnecessary words.

In subsection (d), the words "or advance" are added in 2 places for consistency in the subsection.

§130108. Principal office

The principal office of the corporation shall be in the District of Columbia or another place decided by the corporation. 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. 1373.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
130108 36:78g(a). June 17, 1959, Pub. L. 86–47, §8(a), 73 Stat. 78.

The word "various" is omitted as unnecessary.

§130109. Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account; and

(2) minutes of the proceedings of its national conventions and council of administration.


(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. 1373.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
130109 36:78l. June 17, 1959, Pub. L. 86–47, §13, 73 Stat. 79.

In this section, the word "records" is substituted for "books and records" for consistency in the revised title and to eliminate unnecessary words.

In subsection (a)(2), the reference to the "council of administration" is retained although there is no council of administration created by 36:78e or 36:78f.

§130110. 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. 1373.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
130110 36:78g(b). June 17, 1959, Pub. L. 86–47, §8(b), 73 Stat. 78.

The words "at all times" are omitted as unnecessary. The words "to receive" are substituted for "authorized to accept" for consistency in the revised title.

§130111. 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. 1373.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
130111 36:78j. June 17, 1959, Pub. L. 86–47, §11, 73 Stat. 79.

§130112. Annual report

Not later than March 1 of each year, the corporation shall submit a report to Congress on the activities of the corporation during the prior fiscal year. The report may consist of a report on the proceedings of the national convention. The report may not be printed as a public document.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1373.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
130112 36:78n. June 17, 1959, Pub. L. 86–47, §15, 73 Stat. 79.

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 201 of House Document No. 103–7.

§130113. 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 distributed as provided by the council of administration, but in compliance with the constitution and bylaws of the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1373.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
130113 36:78p. June 17, 1959, Pub. L. 86–47, §17, 73 Stat. 80.

The word "satisfaction" is omitted as included in "discharge", and the word "obligations" is omitted as included in "liabilities". The word "outstanding" is omitted as unnecessary. The words "as provided by" are substituted for "in accordance with the determination of" for consistency in the revised title and to eliminate unnecessary words. The reference to the "council of administration" is retained although there is no council of administration created by 36:78e or 36:78f. The words "all Federal and State laws applicable thereto" are omitted as unnecessary.