(2) The executive committee of the said corporation shall consist of one member duly elected to represent each department, and, in addition, all elective officers shall be members of the executive committee, ex officio. (July 23, 1947, ch. 298, § 7, 61 Stat. 407.) § 67g. Acquisition of assets and liabilities of existing association. The said corporation may and shall acquire all of the assets of the existing unincorporated association known as AMVETS (American Veterans of World War II) upon discharge or satisfactory provisions for the discharge of all its liabilities. 23, 1947, ch. 298, § 8, 61 Stat. 407.) (July § 67h. Use of assets on dissolution or liquidation. In the event of a final dissolution or liquidation of such corporation, and after the discharge or satisfactory provisions for the discharge of all its liabilities, the remaining assets of the said corporation shall be transferred to the Veterans' Administration to be applied to the care and comfort of disabled veterans of World War II. (July 23, 1947, ch. 298, § 9, 61 Stat. 407.) § 67i. Additional corporate powers. The corporation shall have power to (1) Have succession by its corporate name; (2) Choose such officers, representatives, and agents as are necessary to carry out the purposes of the corporation; (3) Contract and be contracted with; (4) Transfer and convey all real or personal property; (5) Borrow money for the purposes of the corporation, issue bonds therefor, and secure same by mortgage subject in every case to all applicable provisions of Federal or State laws. (July 23, 1947, ch. 298, § 10, 61 Stat. 407.) § 67j. Liability for acts of officials and agents. The corporation shall be liable for the acts of its officials, representatives, and agents when acting within the scope of their authority. (July 23, 1947, ch. 298, § 11, 61 Stat. 407.) $67k. Agent to accept service of process. The corporation shall maintain in the District of Columbia at all times a designated agent authorized to accept services of processes for such corporation; and notice to or service upon such agent, or mail to the business address of such agent, shall be deemed notice or service upon the corporation. (July 23, 1947, ch. 298, § 12, 61 Stat. 407.) § 671. Election of officers. The following national officers of the said corporation shall be elected by the chosen delegates thereof in annual national conventions, each official delegate casting one vote, to wit: National commander and seven national vice commanders, one of whom shall be a woman; finance officer, adjutant, judge advocate, and provost marshal. (July 23, 1947, ch. 298, § 13, 61 Stat. 408.) § 67m. Books and records; inspection. The corporation shall keep correct and complete books and records of account and shall also keep minutes of the proceedings of its members, executive committee, and committees having any of the authority of the executive committee; and shall keep at its registered office or principal office a record giving the names and addresses of its members entitled to vote; and permit all books and records of the corporation to be inspected by any member or his agent or his attorney for any proper purpose at any reasonable time. (July 23, 1947, ch. 298, § 14, 61 Stat. 408.) § 67n. Prohibition against issuance of stock or payment of dividends. The corporation shall not have or issue shares of stock, nor declare or pay dividends. (July 23, 1947, ch. 298, § 15, 61 Stat. 408.) § 670. Loans to officers; liability of officers. No loan shall be made by the corporation to its officers or directors, or any of them, and any directors of the corporation who vote for or assent to the making of a loan or advance to an officer or director of the corporation, and any officer or officers participating in the making of any such loan or advance. shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof. (July 23, 1947, ch. 298, § 16, 61 Stat. 408.) § 67p. Exclusive right to name, seals, emblems, and badges. The corporation and its State, regional, and local subdivisions shall have the sole and exclusive right to have and use in carrying out its purposes the name AMVETS (American Veterans of World War II), and such seals, emblems, and badges as the corporation may lawfully adopt. (July 23, 1947, ch. 298, § 17, 61 Stat. 408.) CROSS REFERENCES Penalty for unauthorized manufacture, reproduction, or sale of badges or emblems of veterans' organizations, see section 705 of Title 18, Crimes and Criminal Procedure. § 67q. Agents for service of process. As a condition precedent to the exercise of any power or privilege herein granted or conferred AMVETS (American Veterans of World War II) shall serve notice on the secretary of state, in each State, of the name and address of an authorized agent in such State upon whom legal process or demands against this corporation may be served. (July 23, 1947, ch. 298, § 18, 61 Stat. 408.) FEDERAL RULES OF CIVIL PROCEDURE Service of process upon agent of domestic or foreign corporation, see rule 4 (d) (3), (7), Title 28, Appendix, Judiciary and Judicial Procedure. § 67r. Grant and accrual of rights of other national veterans' organizations. Such provisions, privileges, and prerogatives as have been granted heretofore to other national veterans' organizations by virtue of their being incorporated by Congress are granted and accrue to AMVETS (American Veterans of World War II). (July 23, 1947, ch. 298, § 19, 61 Stat. 408.) § 67s. Reservation of right to amend or repeal chapter. The right to repeal, alter, or amend this chapter at any time is expressly reserved. (July 23, 1947, ch. 298, § 20, 61 Stat. 408.) The organization known as the Grand Army of the Republic, with a membership limited to persons who served as soldiers and sailors of the United States Army and Navy or Marine Corps and Revenue Cutter Service between April 12, 1861, and April 9, 1865, and of such State regiments as were called into active service and subject to the orders of the United States general officers between the dates mentioned, and have been honorably discharged therefrom after such service, is created a body corporate and politic of the District of Columbia, by the name of "The Grand Army of the Republic", by which name it shall be a person in law, capable of suing and being sued, and of having and exercising all incidental powers as a litigant cr otherwise as if it were a natural person, with power to acquire by purchase, gift, devise, or bequest, and to hold, convey, or otherwise dispose of property, real or personal, as may be necessary or calculated to carry into effect the patriotic, fraternal, and charitable purposes of its organization. (June 3, 1924, ch. 242, § 1, 43 Stat. 358.) FEDERAL RULES OF CIVIL PROCEDURE Service of process upon agent of domestic or foreign corporation, see rule 4 (d) (3), (7), Title 28, Appendix, Judiciary and Judicial Procedure. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 74 of this title. § 72. Objects and purposes of corporation; prohibition against business activities. The object and purpose of the corporation shall be to perpetuate the name of “The Grand Army of the Republic" and to preserve in corporate form said organization as on June 3, 1924, and thereafter maintained and conducted, and to thus provide and continue an agency and instrumentality through and by which its members, for and during the remainder of their natural lives, may assemble and meet for the promotion of comradeship and social intercourse. The corporation shall not at any time engage in any business for pecuniary profit and gain. The principal office of this corporation shall be kept and maintained in the city of Washington, District of Columbia, but annual, or other meetings, of its governing body and members may be held in any State or Territory of the Union, and the corporation shall have the power to possess and hold property needful or desirable for its objects and purposes anywhere in the United States or any of its Territories or dependencies, consistently with the provisions of local laws pertaining thereto. (June 3, 1924, ch. 242, § 2, 43 Stat. 359.) CROSS REFERENCES Exemption from income tax of certain organizations, see section 501 of Title 26, Internal Revenue Code. § 73. Governing body. The supreme governing and controlling authority in said organization shall be the national encampment thereof, composed of representatives from the several department encampments existing on June 3, 1924, or thereafter organized: Provided, That there shall never be any change in the plan of organization of said national encampment that shall materially change its present representative form of government or render possible the concentration of the control thereof in the hands of a limited number, or in a self-perpetuating body not representative of the membership at large. (June 3, 1924, ch. 242, § 3, 43 Stat. 359.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 76 of this title. § 74. Membership. The qualifications for membership in said organization, except as they are limited by the provisions of section 71 of this title, and the rights and privileges of the members thereof, shall be such as are fixed by the ordinances, rules, and regulations adopted by said national encampment. (June 3, 1924, ch. 242, § 4, 43 Stat. 359.) § 75. Agencies of corporation. The activities of said corporation shall be exercised through and by the following agencies, in accordance with the laws, rules, and regulations in force on June 3, 1924, or thereafter enacted by the national encampment thereof, namely: First. Through the national encampment, its officers and committees. Second. Through such department encampments as may have been, or may be, organized, their officers. and committees. Third. Through such posts as may have been, or may be, organized, their officers and committees. Such department encampments shall be subject and subordinate in authority to the national encampment, and such posts shall be also subject to such control, exercised through the department encampment and department officers of the particular department to which it belongs. (June 3, 1924, ch. 242, § 5, 43 Stat. 359.) § 76. Corporate existence; modification of governing powers. The corporate existence of the Grand Army of the Republic, and the exclusive rights of its surviving members to wear the insignia of membership therein, shall terminate only when the last of its members dies. If at any national encampment a memorial shall be adopted by the vote of threefourths of the members present, reciting that because of the decrease in its membership, or because of the age and infirmity of its surviving members, it is no longer advisable and practicable to hold future national annual encampments, such action shall not operate to deprive said organization of any of its corporate powers, but the government thereof may be modified to provide for such contingency, subject to the restrictions contained in section 73 of this title. Nothing in this chapter shall in any manner affect the right or the power of such posts or departments to dispose of, or otherwise affect the ownership of property held by any post or department in its own name, nor affect the right of such posts or departments to organize corporations under State laws for the purpose of caring for and disposing of such property. (June 3, 1924, ch. 242, § 6, 43 Stat. 360.) § 77. Disposition of property, archives, etc. The national encampment may, by resolution, provide for the disposition and future ownership of its property and archives, and may declare the event in which such disposition shall become effective and such ownership vested, and a duly authenticated copy of such resolution shall be filed in the office of the United States District Court for the District of Columbia. Upon the happening of the event thus declared, and upon the filing of a petition in said United States District Court reciting said facts, said court shall take jurisdiction thereof, and upon due proof being made the court shall enter a decree which shall be effectual to vest title and ownership in accordance with the provisions of such resolution. (June 3, 1924, ch. 242, § 7, 43 Stat. 360; June 25, 1936, ch. 804, 49 Stat. 1921; June 25, 1948, ch. 646, § 32 (b), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107.) CHANGE OF NAME Act June 25, 1948, eff. Sept. 1, 1948, as amended by act May 24, 1949, substituted "United States District Court for the District of Columbia" for "the district court of the United States for the District of Columbia". Act June 25, 1936, substituted "the district court of the United States for the District of Columbia" for "Supreme Court of the District of Columbia". Chapter 5A.-LADIES OF THE GRAND ARMY OF THE REPUBLIC Sec. 78. Corporation created. 78a. Completion of organization. 78b. Purposes of corporation. 78c. Powers of corporation. 78d. Membership; voting rights. 78e. Governing body; composition; meetings. 781. Officers of corporation; selection; tenure; duties. 78g. Principal office; territorial scope of activities; resident agent. 78h. Distribution of income or assets to members; loans. 781. Nonpolitical nature of corporation. 781. Liability for acts of officers and agents. 78k. Prohibition against issuance of stock or payment of dividends. 781. Books and records; inspection. 78m. Repealed. 78n. Report to Congress on activities. 780. Exclusive right to name, emblems, seals, and badges. 78p. Use of assets on dissolution or liquidation. 78q. Reservation of right to amend or repeal chapter. § 78. Corporation created. The following-named persons, to wit: Gussie Laile Morin, Seattle, Washington; Margaret Hopkins Worrell, Ironton, Ohio; Twannette Paull, Kansas City, Missouri; Nellie D. Howe, Grand Rapids, Michigan; Sarah J. Ehrmann, Orange City, Florida; Mabel S. Taylor, Providence, Rhode Island; Edwina P. Trigg, Kansas City, Missouri; Cora M. Rowling, Indianapolis, Indiana; Irene Mangle, Woodruff, Wisconsin; Catherine G. Schroeder, Los Angeles, California; Mabel Y. Coffey, Colorado Springs, Colorado; Helen M. Lehman, Jersey City, New Jersey; Margaret Grandle, Pittsburg, Kansas; Frances M. Pennsylvania; Gladys W. Kuhns, Greensburg, Bertha Hunt, Des Moines, Iowa; Marie E. Godda, Omaha, Nebraska; Anna Hausman, Washington, District of Columbia; Frances C. Linnell, Plymouth, Massachusetts; Alma M. Blitz, Minneapolis, Minnesota; Lila Lovett, Portland, Maine; Eveh M. Ervin, Keene, New Hampshire; Mildred Puckett, Louisville, Kentucky; Ada Anderson, Wilmington, Delaware; and all past national presidents, and their successors, are created and declared to be a body corporate of the District of Columbia, where its legal domicile shall be, by the name of the Ladies of the Grand Army of the Republic (hereinafter referred to as the corporation), and by such name, shall be known and have perpetual succession and the powers, limitations, and restrictions herein contained. (Pub. L. 86-47, § 1, June 17, 1959, 73 Stat. 76.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 78a of this title. § 78a. Completion of organization. A majority of the persons named in section 78 of this title, acting in person or by written proxy, are authorized to complete the organization of the corporation by the selection of officers and employees, the adoption of a constitution and bylaws not inconsistent with this chapter, and the doing of such other acts as may be necessary for such purpose. (Pub. L. 86-47, § 2, June 17, 1959, 73 Stat. 77.) § 78b. Purposes of corporation. The purposes of the corporation shall be: To perpetuate the memory of the Grand Army of the Republic and of the men who saved the Union in 1861 to 1865; to assist in every practicable way in the preservation and making available for research of documents and records pertaining to the Grand Army of the Republic and its members; to cooperate in doing honor to all those who have patriotically served our country in any way; to teach patriotism and the duties of citizenship, the true history of our country, and the love and honor of our flag; to oppose every tendency or movement that would weaken loyalty to, or make for the destruction or impairment of, our constitutional Union; and to inculcate and broadly sustain the American principles of representative government, of equal rights, and of impartial justice for all. (Pub. L. 86-47, § 3, June 17, 1959, 73 Stat. 77.) §78c. Powers of corporation. The corporation shall have power (1) to have succession by its corporate name; (2) to sue and be sued, complain and defend in any court of competent jurisdiction; (3) to adopt, use, and alter a corporate seal; (4) to choose such officers, managers, agents, and employees as the activities of the corporation may require; (5) to adopt, amend, and alter a constitution and bylaws; not inconsistent with the laws of the United States or of any State in which the corporation is to operate, for the management of its property and the regulation of its affairs; (6) to contract and be contracted with; (7) to take by lease, gift, purchase, grant, devise, or bequest from any public body or agency or any private corporation, association, partnership, firm, or individual and to hold absolutely or in trust for any of the purposes of the corporation any property, real, personal, or mixed, necessary or convenient for attaining the objects and carrying into effect the purposes of the corporation, subject, however, to applicable provisions of law of any State (A) governing the amount or kind of property which may be held by, or (B) otherwise limiting or controlling the ownership of property by, a corporation operating in such State; (8) to transfer, convey, lease, sublease, encumber and otherwise alienate real, personal, or mixed property; (9) to borrow money for the purposes of the corporation, issue bonds therefor, and secure the same by mortgage, deed of trust, pledge or otherwise, subject in every case to all applicable provisions of Federal and State laws; and (10) to do any and all acts and things necessary and proper to carry out the objects and purposes of the corporation. (Pub. L. 86-47, § 4, June 17, 1959, 73 Stat. 77.) § 78d. Membership; voting rights. (a) Eligibility for membership in the corporation and the rights, privileges, and designation of classes of membership shall, except as provided in this chapter, be determined as the constitution and bylaws of the corporation may provide. Eligibility for membership in the corporation shall be limited to female blood relatives of persons who served between April 12, 1861, and April 9, 1865, as soldiers or sailors of the United States Army, Navy, Marine Corps, or Revenue-Cutter Service, and of such State regiments as were called into active service and were subject to orders of United States general officers between the dates above mentioned and were honorably discharged therefrom at the close of such service or who died in such service. (b) Each member of the corporation shall have the right to one vote in each matter submitted to a vote at all meetings of the members of the corporation. (Pub. L. 86-47, § 5, June 17, 1959, 73 Stat. 78.) § 78e. Governing body; composition; meetings. The supreme governing authority of the corporation shall be the national convention thereof, composed of such officers and elected representatives from the several States and other local subdivisions of the corporate organization as shall be provided by the constitution and bylaws: Provided. That the form of the government of the corporation shall always be representative of the membership at large and shall not permit the concentration of control thereof in the hands of a limited number of members or in a self-perpetuating group not so representative. The meetings of the national convention may be held in any State or Territory or in the District of Columbia. (Pub. L. 86-47, § 6, June 17, 1959, 73 Stat. 78.) § 78f. Officers of corporation; selection; tenure; duties. The officers of the corporation shall be selected in such manner and for such terms and with such duties and titles as may be prescribed in the constitution and bylaws of the corporation. (Pub. L. 8647, § 7, June 17, 1959, 73 Stat. 78.) § 78g. Principal office; territorial scope of activities; resident agent. (a) The principal office of the corporation shall be located in Washington, District of Columbia, or in such other place as may later be determined by the corporation, but the activities of the corporation shall not be confined to that place and may be conducted throughout the various States, Territories, and possessions of the United States. (b) The corporation shall have in the District of Columbia at all times a designated agent authorized to accept service of process for the corporation; and notice to or service upon such agent, or mailed to the business address of such agent, shall be deemed notice to or service upon the corporation. (Pub. L. 86-47, § 8, June 17, 1959, 73 Stat. 78.) § 78h. Distribution of income or assets to members; loans. (a) No part of the income or assets of the corporation shall inure to any of its members or officers as such, or be distributable to any of them during the life of the corporation or upon its dissolution or final liquidation. Nothing in this subsection, however, shall be construed to prevent the payment of compensation to officers of the corporation or reimbursement for actual necessary expenses in amounts approved by the council of administration of the corporation. (b) The corporation shall not make loans to its officers or employees. Any member of the council of administration who votes for or assents to the making of a loan or advance to an officer or employee of the corporation, and any officer who participates in the making of such loan or advance, shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof. (Pub. L. 86-47, § 9, June 17, 1959, 73 Stat. 78.) § 78i. Nonpolitical nature of corporation. The corporation and its officers and agents as such shall not contribute to any political party or candidate for public office. (Pub. L. 86-47, § 10, June 17, 1959, 73 Stat. 79.) § 78j. Liability for acts of officers and agents. The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority. (Pub. L. 86-47, § 11, June 17, 1959, 73 Stat. 79.) § 78k. Prohibition against issuance of stock or payment of dividends. The corporation shall have no power to issue any shares of stock or to declare or pay any dividends. (Pub. L. 86–47, § 12, June 17, 1959, 73 Stat. 79.) § 781. Books and records; inspection. The corporation shall keep correct and complete books and records of account and shall keep minutes of the proceedings of its national conventions and council of administration. All books and records of the corporation may be inspected by any member, or his agent or attorney, for any proper purposes, at any reasonable time. (Pub. L. 86-47, § 13, June 17, 1959, 73. Stat. 79.) § 78m. Repealed. Pub. L. 88-504, § 4(7), Aug. 30, 1964, 78 Stat. 636. Section, Pub. L. 86-47, § 14, June 17, 1959, 73 Stat. 79, related to audit of financial transactions and report of such audit to Congress and is now covered by sections 1101-1103 of this title. § 78n. Report to Congress on activities. On or before March 1 of each year the corporation shall report to the Congress on its activities during the preceding fiscal year. Such report may consist of a report on the proceedings of the national convention covering such fiscal year. Such report shall not be printed as a public document. (Pub. L. 86-47, § 15, June 17, 1959, 73 Stat. 79.) § 780. Exclusive right to name, emblems, seals, and badges. The corporation and its subordinate divisions shall have the sole and exclusive right to use the name, "Ladies of the Grand Army of the Republic". The corporation shall have the exclusive and sole right to use, or to allow or refuse the use of, such emblems, seals, and badges as have heretofore been used by the Ladies of the Grand Army of the Republic. (Pub. L. 86-47, § 16, June 17, 1959, 73 Stat. 79.) § 78p. Use of assets on dissolution or liquidation. Upon dissolution or final liquidation of the corporation, after discharge or satisfaction of all outstanding obligations and liabilities, the remaining assets, if any, of the corporation shall be distributed in accordance with the determination of the council of administration and in compliance with the constitution and bylaws of the corporation and all Federal and State laws applicable thereto. (Pub. L. 86-47, § 17, June 17, 1959, 73 Stat. 80.) § 78q. Reservation of right to amend or repeal chapter. The right to alter, amend, or repeal this chapter is expressly reserved. (Pub. L. 86-47, § 18, June 17. son, of Cincinnati; Harvey E. Gilbert, of Illinois; Quiller Cole. of Georgia; Lawrence A. Bunce, of Colorado; Ludwig Guminish. of New York; Richard H. Miller, junior, of Maryland; Charles R. Fear, of Pennsylvania; Oscar M. Simpkins, of Oklahoma; Everett L. Radford, of Texas; Thomas H. Huskey, of Missouri; Lee M. Brame, of Alabama; Frank O. Berg, of Wisconsin; Henry G. Beggs, of Georgia; Lawrence V. Morrow, of Missouri; Charles R. Leguerrir, of Missouri; Walter Taylor, of Missouri; Laigear Antee, of Louisiana; Alois F. Greene, of Illinois; Loyal M. Holmes, of Maryland; Newton A. Kulp, of Pennsylvania; Roswell D. Pitman, of New York; Connie L. McLean, of Texas; Hamilton C. Miles, of Ohio; John J. Austin, of South Dakota; Irvine E. Barnes, of Missouri; Bertie W. Randall, of Missouri; Max N. Kujawski, of Indiana; Charles Freeland, of Illinois; James M. Daniels, of Tennessee; William E. Yates, of Texas; Mike Kereli, of Ohio; Peter Lionudakes, of Utah; Vaclav T. Jesek, of Texas; Samuel Hillman, of Ohio; Herbert S. Journeau, of Michigan; Charles F. Ross, of New York; Morgan Rose, of New York; Walter F. Develing, of Illinois; Rudolph E. Frye, of Maryland; Steve D. Tanner, of Montana; Joseph Hulin, of North Carolina; Blaine G. Yeoman, of Oklahoma; Thomas Williams, of West Virginia; William J. Murray, of New York; Ivan E. Bushong, of Washington; Raymond Washburn, of Ohio; William P. Alexander, of Kentucky; Burl Glover, of Ohio; John H. Williams, of Washington; Joseph L. Herver, of Oklahoma; Daniel Carbone, of Pennsylvania; John J. Varga, of Connecticut; John J. Rapp, of Pennsylvania; Charles S. Bennett, of Arkansas; Richard Knigge, of Idaho; Walter Mau, of New York; Domenico Capuczi, of New York; John Kosic, of Massachusetts; Raymond S. Day, of Pennsylvania; Harry Herring, of Pennsylvania; Samuel Singer, of Massachusetts; George Graves, of Missouri; Abe Kittay, of New York; John Halahan, of Pennsylvania; Frank J. Lhota, of Pennsylvania; Edward J. Paulson, of Pennsylvania; Ellis De Witt, of the District of Columbia; Bernard Cady, of Maryland; John Marzullo, of Illinois; Joe Brew, of Pennsylvania; Lloyd Pierson, of Nebraska; Philip N. Harrison, of Pennsylvania, and their successors, are created and declared to be a body corporate of the District of Columbia. The name of this corporation shall be "The United States Blind Veterans of the World War." (June 7, 1924, ch. 296, § 1, 43 Stat. 535.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 821 of this title. § 82. Completion of organization. The persons named in section 81 of this title are authorized to meet to complete the organization of the corporation by the selection of officers, the adoption of a constitution and bylaws, and to do all other things necessary to carry into effect the provisions of this chapter. (June 7, 1924, ch. 296, § 2, 43 Stat. 535.) § 83. Purposes of corporation. The purposes of the corporation are to bind together for their mutual fellowship and assistance those citizens of the United States of America who have served their country in war, and who bear |