36 U.S.C. § 152405 — Powers
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
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.
The corporation may—
adopt a constitution and bylaws;
adopt a seal which shall be judicially noticed; and
do any other act necessary to carry out this chapter.
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—
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;
to acquire property or an interest in property by purchase or exchange;
unless otherwise required by an instrument of transfer, to sell, donate, lease, invest, or otherwise dispose of any property or income from property;
to borrow money and issue instruments of indebtedness;
to make contracts and other arrangements with public agencies and private organizations and persons and to make payments necessary to carry out its functions;
to sue and be sued; and
to do any other act necessary and proper to carry out the purposes of the corporation.
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.)
- 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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