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36 U.S.C. § 151305Powers

submitted 28 years ago by Pub. L. 105-225 to r/title-36-PATRIOTIC-AND-NATIONAL-OBSERVANCES-CEREMONIES-AND-ORGANIZATIONS · 166 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section lists the corporation's powers. It can adopt bylaws, use a seal, and act like a trustee under Maryland law. It can accept gifts, manage property, make contracts, and sue or be sued.

(a) General. The corporation can do several things. It can adopt a constitution and bylaws. It can adopt an official seal, and courts must recognize that seal without proof. It can also do any other act it needs to do to carry out this chapter. (b) Powers as Trustee. To do its work, the corporation has the normal powers of a trustee corporation under Maryland law. This includes the power to: (1) accept, receive, ask for, hold, manage, and use any gift, will, or bequest of property, or any income or other interest from that property, either outright or in trust; (2) sell, give away, rent out, invest, or otherwise dispose of any property or income from it — unless the document that transferred the property says otherwise; (3) make contracts and other deals with public agencies and private organizations and people, and make the payments needed to carry out its work; (4) sue other people or organizations, and be sued by them; and (5) do any other act that is necessary and proper to carry out the corporation's purposes.
the actual law source: uscode.house.gov ↗public domain
(a)General.—

The corporation may—

(1)

adopt a constitution and bylaws;

(2)

adopt a seal which shall be judicially noticed; and

(3)

do any other act necessary to carry out this chapter.

(b)Powers as Trustee.—

To carry out its purposes, the corporation has the usual powers of a corporation acting as a trustee in Maryland, including the power—

(1)

to accept, receive, solicit, hold, administer, and use any gift, devise, or bequest, either absolutely or in trust, of property or any income from or other interest in the property;

(2)

unless otherwise required by the instrument of transfer, to sell, donate, lease, invest, or otherwise dispose of any property or income from the property;

(3)

to make contracts and other arrangements with public agencies and private organizations and persons and to make payments necessary to carry out its functions;

(4)

to sue and be sued; and

(5)

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

Source credit: (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1400; Pub. L. 105–354, § 1(9), Nov. 3, 1998, 112 Stat. 3244.)

history & why it existsrecord from the source credit
  • 1998Enacted · Pub. L. 105-225 · 112 Stat. 1400
  • 1998Amended · Pub. L. 105-354 · 112 Stat. 3244

A history note hasn’t been published yet. The record shows enactment by Pub. L. 105-225 on 1998-08-12.

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