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36 U.S.C. § 152405Powers

submitted 26 years ago by Pub. L. 106-474 to r/title-36-PATRIOTIC-AND-NATIONAL-OBSERVANCES-CEREMONIES-AND-ORGANIZATIONS · 241 words · no verdicts yet

in plain englishAI-generated · not legal advice

The foundation can adopt bylaws, use a seal, and do whatever else it needs to carry out this law. It has the powers of a trustee, including accepting gifts, buying and selling property, borrowing money, and suing or being sued. It can accept gifts even if strings are attached, as long as the corporation benefits.

(a) General — The corporation can adopt a constitution and bylaws, adopt an official seal that courts must recognize without proof, and do anything else necessary to carry out this chapter. (b) Powers as Trustee — To do its work, the corporation has the normal powers of a corporate trustee under the law of wherever its main office sits. This includes the power to: accept, receive, ask for, hold, manage, and use any gift, will-based gift, or bequest of property or income, either outright or in trust; buy or trade for property or an interest in property; sell, give away, lease, invest, or otherwise dispose of property or its income, unless the gift's terms say otherwise; borrow money and issue debt instruments; make contracts and deals with public agencies, private groups, and people, and pay what's needed to do its work; sue and be sued; and do anything else necessary and proper to carry out its purposes. (c) Encumbered or Restricted Gifts — The corporation can accept a gift even if it comes with debt attached, restrictions, or other people's future or partial interests in it — as long as some current or future benefit from it goes to the corporation.
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 the jurisdiction in which the principal office of the corporation is located, 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 property;

(2)

to acquire property or an interest in property by purchase or exchange;

(3)

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

(4)

to borrow money and issue instruments of indebtedness;

(5)

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

(6)

to sue and be sued; and

(7)

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

(c)Encumbered or Restricted Gifts.—

A gift, devise, or bequest may be accepted by the corporation even though it is encumbered, restricted, or subject to beneficial interests of private persons, if any current or future interest is for the benefit of the corporation.

Source credit: (Added Pub. L. 106–474, title II, § 201(a), Nov. 9, 2000, 114 Stat. 2093; amended Pub. L. 110–336, § 2(b)(3)(B), Oct. 2, 2008, 122 Stat. 3727.)

history & why it existsrecord from the source credit
  • 2000Enacted · Pub. L. 106-474 · 114 Stat. 2093
  • 2008Amended · Pub. L. 110-336 · 122 Stat. 3727

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-474 on 2000-11-09.

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