36 USC CHAPTER 705 - THE FOUNDATION OF THE FEDERAL BAR ASSOCIATION 01/03/2007

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-CITE- 36 USC CHAPTER 705 - THE FOUNDATION OF THE FEDERAL BAR ASSOCIATION 01/03/2007 -EXPCITE- TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS Subtitle II - Patriotic and National Organizations Part B - Organizations CHAPTER 705 - THE FOUNDATION OF THE FEDERAL BAR ASSOCIATION -HEAD- CHAPTER 705 - THE FOUNDATION OF THE FEDERAL BAR ASSOCIATION -MISC1- Sec. 70501. Organization. 70502. Purposes. 70503. Membership. 70504. Governing body. 70505. Powers. 70506. Exclusive right to name. 70507. Restrictions. 70508. Principal office. 70509. Records and inspection. 70510. Service of process. 70511. Liability for acts of officers and agents. 70512. Deposit of assets on dissolution or final liquidation. -End- -CITE- 36 USC Sec. 70501 01/03/2007 -EXPCITE- TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS Subtitle II - Patriotic and National Organizations Part B - Organizations CHAPTER 705 - THE FOUNDATION OF THE FEDERAL BAR ASSOCIATION -HEAD- Sec. 70501. Organization -STATUTE- (a) Federal Charter. - The Foundation of the Federal Bar Association (in this chapter, the "corporation") is a federally chartered corporation. (b) Place of Incorporation and Domicile. - The corporation is declared to be incorporated and domiciled in the District of Columbia. (c) Perpetual Existence. - Except as otherwise provided, the corporation has perpetual existence. -SOURCE- (Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1351.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 70501 36:571. Aug. 24, 1954, ch. 911, Secs. 1, 2, 68 Stat. 795. 36:572. -------------------------------------------------------------------- This section is substituted for the source provisions for consistency in the revised title and to eliminate executed and unnecessary words. -End- -CITE- 36 USC Sec. 70502 01/03/2007 -EXPCITE- TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS Subtitle II - Patriotic and National Organizations Part B - Organizations CHAPTER 705 - THE FOUNDATION OF THE FEDERAL BAR ASSOCIATION -HEAD- Sec. 70502. Purposes -STATUTE- The purposes of the corporation are - (1) to receive and hold property, including by gift, devise, or grant, and to invest, administer, and dispose of the property without restrictions applicable to trustees or trust funds; (2) to apply its income and any part of its principal exclusively to educational, charitable, scientific, or literary purposes - (A) to advance the science of jurisprudence; (B) to uphold high standards for the Federal judiciary and attorneys representing the United States Government; (C) to promote and improve the administration of justice, including the study of means for the improved handling of the legal business of the departments, agencies, and instrumentalities of the Government; (D) to facilitate the cultivation and diffusion of knowledge and understanding of the law and the promotion of the study of the law and the science of jurisprudence and research in jurisprudence, through the maintenance of a law library, the establishment of seminars, lectures, and studies devoted to the law, and the publication of addresses, essays, treatises, reports, and other literary works by students, practitioners, and teachers of the law; and (E) to provide for the acquisition, preservation, and exhibition of rare books and documents, sculptures, paintings, and other objects of art and historical interest relating to the law, the courts, and the legal profession; and (3) to do any other acts necessary or incident to the accomplishment of these purposes. -SOURCE- (Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1351.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 70502 36:573. Aug. 24, 1954, ch. 911, Sec. 3, 68 Stat. 797. -------------------------------------------------------------------- Before clause (1), the word "objects" is omitted as included in "purposes". Clause (1) is substituted for 36:573(1) to eliminate unnecessary words. In clause (2), the words "and if the corporation so decides, all or" and "or any of them" are omitted as unnecessary. In subclause (D), the words "in jurisprudence" are substituted for "therein" for clarity. In clause (3), the words "any other acts" are substituted for "any and all things" for consistency in the revised title. -End- -CITE- 36 USC Sec. 70503 01/03/2007 -EXPCITE- TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS Subtitle II - Patriotic and National Organizations Part B - Organizations CHAPTER 705 - THE FOUNDATION OF THE FEDERAL BAR ASSOCIATION -HEAD- Sec. 70503. Membership -STATUTE- (a) Members. - The members of the corporation are - (1) the members of the National Council of the Federal Bar Association, a nonprofit corporation incorporated in the District of Columbia, during their term of membership on that Council; and (2) other individuals the corporation provides for in the bylaws or otherwise. (b) Voting. - Each member has one vote on each matter submitted to a vote of the members. (c) Grounds for Disqualification. - An individual may not be a member, director, or officer of the corporation if the individual - (1) is a member of, or advocates the principles of, an organization believing in, or working for, the overthrow of the United States Government by force or violence; or (2) refuses to uphold and defend the Constitution of the United States. -SOURCE- (Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1352.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 70503(a) 36:576(a). Aug. 24, 1954, ch. 911, Secs. 6, 16, 68 Stat. 798, 800. 70503(b) 36:576(b). 70503(c) 36:586. -------------------------------------------------------------------- In subsection (a), the words "the persons listed in section 571 of this title" and "hereafter" are omitted as obsolete. In subsection (b), the words "has one vote" are substituted for "may cast one vote" for consistency in the revised title. -End- -CITE- 36 USC Sec. 70504 01/03/2007 -EXPCITE- TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS Subtitle II - Patriotic and National Organizations Part B - Organizations CHAPTER 705 - THE FOUNDATION OF THE FEDERAL BAR ASSOCIATION -HEAD- Sec. 70504. Governing body -STATUTE- (a) Board of Directors. - (1) The board of directors is the governing body of the corporation. The board may exercise, or provide for the exercise of, the powers of the corporation. (2) The board shall consist of 12 individuals elected, and subject to removal at any time, by a majority vote of the members of the corporation. The term of office of an elected director is 6 years. A vacancy on the board shall be filled by a majority vote of the members of the corporation. (3) The board shall meet at least annually. Each director has one vote on each matter decided by the board. The board may delegate its powers to a prudential committee subject to the direction of, and reporting to, the board. (4) The president of the corporation is the chairman of the board and of the prudential committee. (b) Officers. - (1) The officers of the corporation are a president, a vice president, a secretary, a treasurer, a historian, and other officers provided for in the bylaws. The powers of the officers are as provided in the bylaws. (2) The officers shall be elected by the board of directors at its annual meeting. The term of office of an officer is 1 year. -SOURCE- (Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1352.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 70504(a) 36:577. Aug. 24, 1954, ch. 911, Secs. 7, 8, 68 Stat. 798. 70504(b) 36:578. -------------------------------------------------------------------- In subsection (a), the names of the directors for 1954 and the language about their initial terms are omitted as obsolete. In paragraph (2), the words "caused by expiration of the members' terms or otherwise" are omitted as unnecessary. -End- -CITE- 36 USC Sec. 70505 01/03/2007 -EXPCITE- TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS Subtitle II - Patriotic and National Organizations Part B - Organizations CHAPTER 705 - THE FOUNDATION OF THE FEDERAL BAR ASSOCIATION -HEAD- Sec. 70505. Powers -STATUTE- The corporation may - (1) adopt and amend bylaws for the management of its property and the regulation of its affairs; (2) adopt and alter a corporate seal; (3) choose officers, managers, and agents as the activities of the corporation require; (4) make contracts; (5) acquire, own, lease, encumber, and transfer property as necessary to carry out the purposes of the corporation; (6) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property; (7) sue and be sued; and (8) do any other act necessary and proper to carry out the purposes of the corporation. -SOURCE- (Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1352.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 70505 36:574. Aug. 24, 1954, ch. 911, Secs. 4, 18, 68 Stat. 797, 800. 36:588. -------------------------------------------------------------------- In this section, the definition of "State" in 36:588 is omitted because the word "State" (which in the source provisions for this chapter only appears in 36:574) is not used in the revised chapter. In clause (1), the words "apply, and administer" and "not inconsistent with the laws of the United States of America or any State in which the corporation is to operate" are omitted as unnecessary. In clause (2), the word "use" is omitted as unnecessary. In clause (3), the word "activities" is substituted for "business" for consistency in the revised title. In clause (4), the words "make contracts" are substituted for "contract and be contracted with" to eliminate unnecessary words. Clause (5) is substituted for "take and hold by lease, gift, purchase, grant, devise, bequest, or otherwise, any property, real or personal, or mixed, necessary for carrying into effect the purposes of the corporation" and "transfer, lease, or convey real or personal property" for consistency in the revised title and to eliminate unnecessary words. The words "subject to applicable provisions of law of any State (1) governing the amount or kind of real and personal property which may be held by, or (2) otherwise limiting or controlling the ownership of real and personal property by, a corporation operating in such State" are omitted as unnecessary. In clause (6), the words "for the purposes of the corporation" are omitted as unnecessary. The words "issue instruments of indebtedness, and secure its obligations by granting security interests in its property" are substituted for "issue bonds or other evidences of indebtedness therefor, and secure the same by mortgage or pledge" for consistency in the revised title. The words "subject to applicable Federal or State laws" are omitted as unnecessary. In clause (7), the words "complain and defend in any court of competent jurisdiction" are omitted as unnecessary. In clause (8), the words "any other act" are substituted for "any and all acts" for consistency in the revised title and to eliminate unnecessary words. -End- -CITE- 36 USC Sec. 70506 01/03/2007 -EXPCITE- TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS Subtitle II - Patriotic and National Organizations Part B - Organizations CHAPTER 705 - THE FOUNDATION OF THE FEDERAL BAR ASSOCIATION -HEAD- Sec. 70506. Exclusive right to name -STATUTE- The corporation has the exclusive right to use the name "The Foundation of the Federal Bar Association". -SOURCE- (Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1353.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 70506 36:587. Aug. 24, 1954, ch. 911, Sec. 17, 68 Stat. 800. -------------------------------------------------------------------- -End- -CITE- 36 USC Sec. 70507 01/03/2007 -EXPCITE- TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS Subtitle II - Patriotic and National Organizations Part B - Organizations CHAPTER 705 - THE FOUNDATION OF THE FEDERAL BAR ASSOCIATION -HEAD- Sec. 70507. Restrictions -STATUTE- (a) Stock and Dividends. - The corporation may not issue stock or declare or pay a dividend. (b) Political Activities. - (1) The activities, funds, income, and property of the corporation may not be used to carry on political activity or attempt to influence legislation. (2) The corporation or a director or officer as such may not contribute to, support, or assist a political party or candidate for elective public office. (c) Distribution of Income. - The income of the corporation may not inure to the benefit of a director, officer, member, or private individual. (d) Loans. - The corporation may not make a loan or advance to a director or officer. Directors and officers who vote for, assent to, or participate in making a loan or advance to a director or officer are jointly and severally liable to the corporation for the amount of the loan or advance until it is repaid. (e) Immunity From Liability. - Members and private individuals are not liable for the obligations of the corporation. -SOURCE- (Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1353.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 70507(a) 36:582. Aug. 24, 1954, ch. 911, Secs. 9, 10, 12, 68 Stat. 799. 70507(b) 36:580. 70507(c) 36:579(a) (words before last comma). 70507(d) 36:579(b). 70507(e) 36:579(a) (words after last comma). -------------------------------------------------------------------- In subsection (a), the words "any shares of" are omitted as unnecessary. In subsection (b)(1), the words "directly or indirectly" are omitted as unnecessary. In subsection (c), the word "income" is substituted for "net earnings" for consistency in the revised title. In subsection (d), the words "or advance" are added in 2 places for consistency in the subsection. -End- -CITE- 36 USC Sec. 70508 01/03/2007 -EXPCITE- TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS Subtitle II - Patriotic and National Organizations Part B - Organizations CHAPTER 705 - THE FOUNDATION OF THE FEDERAL BAR ASSOCIATION -HEAD- Sec. 70508. Principal office -STATUTE- The corporation shall have its principal office in the District of Columbia, but may conduct its activities anywhere. -SOURCE- (Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1353.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 70508 36:575(a). Aug. 24, 1954, ch. 911, Sec. 5(a), 68 Stat. 798. -------------------------------------------------------------------- The word "anywhere" is substituted for "at any place or places in the United States, or elsewhere" to eliminate unnecessary words. -End- -CITE- 36 USC Sec. 70509 01/03/2007 -EXPCITE- TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS Subtitle II - Patriotic and National Organizations Part B - Organizations CHAPTER 705 - THE FOUNDATION OF THE FEDERAL BAR ASSOCIATION -HEAD- Sec. 70509. Records and inspection -STATUTE- (a) Records. - The corporation shall keep - (1) correct and complete records of account; (2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and (3) at its principal office, a record of the names and addresses of its members entitled to vote. (b) Inspection. - A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time. -SOURCE- (Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1353.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 70509 36:583. Aug. 24, 1954, ch. 911, Sec. 13, 68 Stat. 799. -------------------------------------------------------------------- The word "records" is substituted for "books and records" for consistency in the revised title and with other titles of the United States Code. -End- -CITE- 36 USC Sec. 70510 01/03/2007 -EXPCITE- TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS Subtitle II - Patriotic and National Organizations Part B - Organizations CHAPTER 705 - THE FOUNDATION OF THE FEDERAL BAR ASSOCIATION -HEAD- Sec. 70510. Service of process -STATUTE- The corporation shall have a designated agent in the District of Columbia to receive service of process for the corporation. Notice to or service on the agent, or mailed to the business address of the agent, is notice to or service on the corporation. -SOURCE- (Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1354.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 70510 36:575(b). Aug. 24, 1954, ch. 911, Sec. 5(b), 68 Stat. 798. -------------------------------------------------------------------- The words "at all times" and "authorized" are omitted as unnecessary. The words "the business address of the agent" are substituted for "at such business address" for clarity and consistency in the revised title. -End- -CITE- 36 USC Sec. 70511 01/03/2007 -EXPCITE- TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS Subtitle II - Patriotic and National Organizations Part B - Organizations CHAPTER 705 - THE FOUNDATION OF THE FEDERAL BAR ASSOCIATION -HEAD- Sec. 70511. Liability for acts of officers and agents -STATUTE- The corporation is liable for the acts of its officers and agents acting within the scope of their authority. -SOURCE- (Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1354.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 70511 36:581. Aug. 24, 1954, ch. 911, Sec. 11, 68 Stat. 799. -------------------------------------------------------------------- -End- -CITE- 36 USC Sec. 70512 01/03/2007 -EXPCITE- TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS Subtitle II - Patriotic and National Organizations Part B - Organizations CHAPTER 705 - THE FOUNDATION OF THE FEDERAL BAR ASSOCIATION -HEAD- Sec. 70512. Deposit of assets on dissolution or final liquidation -STATUTE- On dissolution or final liquidation of the corporation, any assets remaining after the discharge of all liabilities shall be deposited in the Treasury of the United States as a miscellaneous receipt. -SOURCE- (Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1354.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 70512 36:585. Aug. 24, 1954, ch. 911, Sec. 15, 68 Stat. 800. -------------------------------------------------------------------- The word "satisfaction" is omitted as included in "discharge", and the word "obligations" is omitted as included in "liabilities". The word "outstanding" is omitted as unnecessary. -End-

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