36 U.S.C.
United States Code, 1994 Edition
Title 36 - PATRIOTIC SOCIETIES AND OBSERVANCES
CHAPTER 53 - AMERICAN EX-PRISONERS OF WAR
From the U.S. Government Publishing Office, www.gpo.gov

CHAPTER 53—AMERICAN EX-PRISONERS OF WAR

Sec.
2101.
Recognition as corporation and grant of Federal charter.
2102.
Powers of corporation.
2103.
Objects and purposes of corporation.
2104.
Service of process.
2105.
Membership.
2106.
Board of directors.
2107.
Officers.
2108.
Restrictions.
(a)
Distribution of income or assets to members.
(b)
Loans.
(c)
Political activities.
(d)
Issuance of stock; dividends.
(e)
Claim of approval or authorization.
(f)
Retention of State corporate status.
2109.
Liability for acts of officers and agents.
2110.
Books and records; inspection.
2111.
Annual report.
2112.
Reservation of right to amend or repeal chapter.
2113.
“State” defined.
2114.
Tax-exempt status.
2115.
Exclusive right to name and emblem.
2116.
Failure to comply with restrictions or provisions.

        

1 So in original. Probably should be followed by a comma.

§2101. Recognition as corporation and grant of Federal charter

American Ex-Prisoners of War, organized and incorporated under the Washington Nonprofit Corporation Act (Wash. Rev. Code Ann. 24.03.005) of the State of Washington by Charles Morgan, Junior, San Antonio, Texas; Edward Fisher, Fairhaven, Massachusetts; Charles Miller, La Jolla, California; C. Earl Derrington, Jackson, Mississippi; Edward Parks, Middleboro, Massachusetts; Henry Goodall, Houston, Texas; Stanley Sommers, Marshfield, Wisconsin; Edward Allen, N. Olmstead, Ohio; Irving Rittenberg, Brookline, Massachusetts; Edgar Van Valkenberg, Saint Petersburg, Florida; W. C. Musten, Winston-Salem, North Carolina; Clifford Omtvedt, Eau Claire, Wisconsin; Orlo Natvig, Charles City, Iowa; H. C. Griffin, Houston, Texas; Milton Moore, El Paso, Texas; Marie Harre, Fairway, Kansas; Alfred Galloway, Seattle, Washington; Reginald Reed, Bremerton, Washington; Ralph Moulis, Tucson, Arizona; Betty Rodriquez, Albuquerque, New Mexico; Randall Briere, San Antonio, Texas; Joseph G. Schisser, San Leon, Texas; Herman Molen, Las Vegas, Nevada; Joseph B. Upton, Saint Louis, Missouri; Harold Page, Buckley, Washington; D. C. Wimberly, Springhill, Louisiana; Albert Braun, Phoenix, Arizona; Melvin Madero, San Diego, California; Tillman Rutledge, San Antonio, Texas; Benson Guyton, Decatur, Alabama; Frank Hawkins, Oklahoma City, Oklahoma; Melvin Routt, Tracy, California; John Romine, Muskogee, Oklahoma; Christopher Morgan, Old Bridge, New Jersey; Allen Smith, Diana, Texas; and John G. Flynn, San Antonio, Texas, is hereby recognized as such and is granted a charter.

(Pub. L. 97–234, §1, Aug. 10, 1982, 96 Stat. 261.)

§2102. Powers of corporation

American Ex-Prisoners of War (hereafter in this chapter referred to as the “corporation”) shall have only those powers granted to it through its bylaws and articles of incorporation filed in the State or States in which it is incorporated and subject to the laws of such State or States.

(Pub. L. 97–234, §2, Aug. 10, 1982, 96 Stat. 261.)

§2103. Objects and purposes of corporation

The objects and purposes of the corporation are those provided in its articles of incorporation and shall include—

(1) encouragement of fraternity for the common good;

(2) fostering patriotism and loyalty;

(3) assistance to widows and orphans of deceased ex-prisoners of war;

(4) assistance to ex-prisoners of war who have been injured or handicapped as a result of their service;

(5) maintenance of allegiance to the United States of America;

(6) preservation and defense of the United States from all of her enemies; and

(7) maintenance of historical records.

(Pub. L. 97–234, §3, Aug. 10, 1982, 96 Stat. 261.)

§2104. Service of process

With respect to service of process, the corporation shall comply with the laws of the States in which it is incorporated and those States in which it carries on its activities in furtherance of its corporate purposes.

(Pub. L. 97–234, §4, Aug. 10, 1982, 96 Stat. 262.)

§2105. Membership

Eligibility for membership in the corporation and the rights and privileges of members shall be as provided in the bylaws of the corporation.

(Pub. L. 97–234, §5, Aug. 10, 1982, 96 Stat. 262.)

§2106. Board of directors

The board of directors of the corporation and the responsibilities thereof shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the State or States in which it is incorporated.

(Pub. L. 97–234, §6, Aug. 10, 1982, 96 Stat. 262.)

§2107. Officers

The officers of the corporation, and the election of such officers shall be as is provided in the articles of incorporation of the corporation and in conformity with the laws of the State or States wherein it is incorporated.

(Pub. L. 97–234, §7, Aug. 10, 1982, 96 Stat. 262.)

§2108. Restrictions

(a) Distribution of income or assets to members

No part of the income or assets of the corporation shall inure to any member, officer, or director of the corporation or be distributed to any such person during the life of this charter. Nothing in this subsection shall be construed to prevent the payment of reasonable compensation to the officers of the corporation or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(b) Loans

The corporation shall not make any loan to any officer, director, or employee of the corporation.

(c) Political activities

The corporation and any officer and director of the corporation, acting as such officer or director, shall not contribute to, support, or otherwise participate in any political activity or in any manner attempt to influence legislation.

(d) Issuance of stock; dividends

The corporation shall have no power to issue any shares of stock nor to declare or pay any dividends.

(e) Claim of approval or authorization

The corporation shall not claim congressional approval or Federal Government authority for any of its activities.

(f) Retention of State corporate status

The corporation shall retain and maintain its status as a corporation organized and incorporated under the laws of the State of Washington.

(Pub. L. 97–234, §8, Aug. 10, 1982, 96 Stat. 262.)

§2109. Liability for acts of officers and agents

The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.

(Pub. L. 97–234, §9, Aug. 10, 1982, 96 Stat. 263.)

§2110. Books and records; inspection

The corporation shall keep correct and complete books and records of account and shall keep minutes of any proceeding of the corporation involving any of its members, the board of directors, or any committee having authority under the board of directors. The corporation shall keep at its principal office a record of the names and addresses of all members having the right of 1 vote. All books and records of such corporation may be inspected by any member having the right to vote, or by any agent or attorney of such member, for any proper purpose, at any reasonable time. Nothing in this section shall be construed to contravene any applicable State law.

(Pub. L. 97–234, §10, Aug. 10, 1982, 96 Stat. 263.)

1 So in original. Probably should be “to”.

§2111. Annual report

The corporation shall report annually to the Congress concerning the activities of the corporation during the preceding fiscal year. Such annual report shall be submitted at the same time as is the report of the audit required by section 1101(57) of this title. The report shall not be printed as a public document.

(Pub. L. 97–234, §12, Aug. 10, 1982, 96 Stat. 263.)

References in Text

Section 1101(57) of this title, referred to in text, was in the original “section 11 of this Act”, meaning section 11 of Pub. L. 97–234, which amended section 1101 of this title to include the American Ex-Prisoners of War within the definition of “private corporations established under Federal law”. Section 1103 of this title requires a report to Congress on the annual audit of private corporations established under Federal law.

§2112. Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved to the Congress.

(Pub. L. 97–234, §13, Aug. 10, 1982, 96 Stat. 263.)

§2113. “State” defined

For purposes of this chapter, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States.

(Pub. L. 97–234, §14, Aug. 10, 1982, 96 Stat. 263.)

§2114. Tax-exempt status

The corporation shall maintain its status as an organization exempt from taxation as provided in title 26. If the corporation fails to maintain such status, the charter granted hereby shall expire.

(Pub. L. 97–234, §15, Aug. 10, 1982, 96 Stat. 263.)

§2115. Exclusive right to name and emblem

The corporation shall have the sole and exclusive right to use and to allow or refuse to others the use of the terms “American Ex-Prisoners of War”, and the official American Ex-Prisoners of War emblem or any colorable simulation thereof. No powers or privileges hereby granted shall, however, interfere or conflict with established or vested rights.

(Pub. L. 97–234, §16, Aug. 10, 1982, 96 Stat. 263.)

§2116. Failure to comply with restrictions or provisions

If the corporation shall fail to comply with any of the restrictions or provisions of this chapter 1 the charter granted hereby shall expire.

(Pub. L. 97–234, §17, Aug. 10, 1982, 96 Stat. 264.)