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36 U.S.C. § 90105Powers

submitted 24 years ago by Pub. L. 107-252 to r/title-36-PATRIOTIC-AND-NATIONAL-OBSERVANCES-CEREMONIES-AND-ORGANIZATIONS · 317 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lists the powers of the Help America Vote Foundation. It can adopt bylaws, accept gifts, buy and sell property, and make contracts. It may also sue and be sued, and hold an annual conference honoring poll workers.

(a) In General. The foundation may: (1) adopt a constitution and bylaws; (2) adopt a seal that courts must officially recognize; and (3) do any other act needed to carry out this chapter. (b) Powers as Trustee. To carry out its purposes, the foundation has the usual powers of a District of Columbia corporation acting as a trustee, including the power to: (1) accept, receive, ask for, hold, manage, and use any gift, will-based gift, or bequest of property, or any income or other interest from property, whether given outright or in trust; (2) buy or trade for property or an interest in it; (3) unless the transfer document says otherwise, sell, give away, lease, invest, or otherwise dispose of any property or income from property; (4) borrow money and issue debt instruments; (5) make contracts and other arrangements with public agencies, private organizations, and people, and make payments needed to do its work; (6) sue and be sued; and (7) do any other act needed and proper to carry out the foundation's purposes. (c) Encumbered or Restricted Gifts. The foundation can accept a gift, will-based gift, or bequest even if it comes with conditions, restrictions, or other people's interests attached — as long as some current or future interest benefits the foundation. (d) Contracts. The foundation may enter into whatever contracts with public and private entities it thinks fit to carry out its purposes. (e) Annual Conference in Washington Metropolitan Area. Starting in 2003, the foundation may sponsor a yearly conference in the Washington, D.C. area, to honor secondary school students and others who have served, or plan to serve, as poll workers and assistants, and who took part in the foundation's programs and activities.
the actual law source: uscode.house.gov ↗public domain
(a)In General.—

The foundation 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 foundation has the usual powers of a corporation acting as a trustee in the District of Columbia, 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 foundation.

(c)Encumbered or Restricted Gifts.—

A gift, devise, or bequest may be accepted by the foundation 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 foundation.

(d)Contracts.—

The foundation may enter into such contracts with public and private entities as it considers appropriate to carry out its purposes.

(e)Annual Conference in Washington Metropolitan Area.—

During each year (beginning with 2003), the foundation may sponsor a conference in the Washington, D.C. metropolitan area to honor secondary school students and other individuals who have served (or plan to serve) as poll workers and assistants and who have otherwise participated in the programs and activities of the foundation.

Source credit: (Added Pub. L. 107–252, title VI, § 601(a), Oct. 29, 2002, 116 Stat. 1720, § 152605; renumbered § 90105, Pub. L. 113–237, § 3(c)(6)(B), Dec. 18, 2014, 128 Stat. 2840.)

history & why it existsrecord from the source credit
  • 2002Enacted · Pub. L. 107-252 · 116 Stat. 1720
  • 2014Amended · Pub. L. 113-237 · 128 Stat. 2840

A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-252 on 2002-10-29.

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