AND ORGANIZATIONS (1) is of good moral character; and (2) has received a Congressional Medal of Honor, a Distinguished Service Cross, a Navy Cross, or an Air Force Cross awarded for acts of extraordinary heroism in connection with military or naval operations against an armed enemy, or for heroism of a specially distinguished character, as a member of the Armed Forces of the United States or any foreign country. (b) EXTENSION OF ELIGIBILITY TO PARENTS AND DESCENDANTS.-The corporation may extend eligibility for membership, either active or associate, to parents and lineal descendants of an individual described in subsection (a) of this section on terms provided in its constitution and bylaws. (c) VOTING.-Each member (except an associate member) has one vote on each matter submitted to a vote at a meeting of the members. (Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1374.) HISTORICAL AND REVISION NOTES In subsection (a)(2), the words "has received" are substituted for "who have received or who may hereafter receive" to eliminate unnecessary words. The words "Navy Cross" are restated before "Air Force Cross" in accordance with the order preferred by the Legion of Valor of the United States of America, Incorporated. The words "as a member" are substituted for "are, have been, or may become members . . of whatever rank" for clarity and to eliminate unnecessary words. In subsection (b), the words "on terms" are substituted for "under such conditions and upon such terms" to eliminate unnecessary words. In subsection (c), the words "the right to" are omitted as unnecessary. The text of 36:636(d) is omitted as obsolete. § 130304. Governing body (a) BOARD OF DIRECTORS.-(1) The board of directors is the governing body of the corporation. Between meetings of the corporation, the board is responsible for the general policies and program of the corporation. The board is responsible for all funds of the corporation. (2) The number of directors, their manner of selection (including the filling of vacancies), and their term of office are as provided in the constitution and bylaws of the corporation. However, the board shall have at least 10 directors. (b) OFFICERS.-(1) The officers of the corporation are a commander, a senior vice commander, a junior vice commander, a chaplain, an adjutant and quartermaster, a judge advocate, an inspector, a surgeon, a historian, and any aides-decamp provided in the constitution and bylaws. (2) The manner of election, term of office, and duties of the officers are as provided in the constitution and bylaws. (Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1375.) In this section, the text of 36:646 is omitted as executed and obsolete. In clause (1), the word "alter" is omitted as included in "amend". The words "not inconsistent with the laws of the United States 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 words "make contracts" are substituted for "contract and be contracted with" for consistency in the revised title. Clause (4) is substituted for "to take by lease, gift, purchase, grant, devise, or bequest from any private corporation, association, partnership, firm, or individual and to hold any property, real, personal, or mixed, necessary or convenient for attaining the objects and carrying into effect the purposes of the corporation" and "to transfer, convey, lease, sublease, encumber, and otherwise alienate real, personal or mixed property" for consistency in the revised title and to eliminate unnecessary words. The words "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" are omitted as unnecessary. In clause (5), 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 therefor, and secure the same by mortgage, deed of trust, pledge, or otherwise" for consistency in the revised title. The words "subject in every case to all applicable provisions of Federal and State laws" are omitted as unnecessary. In clause (7), the words "complain and defend in any court of competent jurisdiction" are omitted as unnecessary. AND ORGANIZATIONS §130306. Restrictions (a) STOCK AND DIVIDENDS.-The corporation may not issue stock or declare or pay a dividend. (b) POLITICAL ACTIVITIES.-The corporation or a director or officer as such may not contribute to, support, or assist a political party or candidate for public office. (c) DISTRIBUTION OF INCOME OR ASSETS.-The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member except on dissolution or final liquidation of the corporation. This subsection does not prevent the payment of compensation to an officer in an amount approved by the executive committee of the corporation. (d) LOANS.-The corporation may not make a loan to a director, officer, or employee. Directors who vote for or assent to making a loan to a director, officer, or employee, and officers who participate in making the loan, are jointly and severally liable to the corporation for the amount of the loan until it is repaid. (Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1375.) HISTORICAL AND REVISION NOTES In subsection (a), the words "any shares of" are omitted as unnecessary. In subsection (b), the words "or otherwise" are omitted as unnecessary. In subsection (c), the words "inure to the benefit of" are substituted for “inure to" for consistency in the revised title. The words "as provided in section 645 of this title" are omitted as unnecessary. The words "This subsection does not prevent" are substituted for "Nothing in this subsection, however, shall be construed to prevent" for consistency in the revised title and to eliminate unnecessary words. The reference to the "executive committee of the corporation" is retained although 36:637 and 36:638 do not create an executive committee. (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. (Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1376.) HISTORICAL AND REVISION NOTES § 130309. Service of process 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. (Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1376.) HISTORICAL AND REVISION NOTES § 130310. Liability for acts of officers and agents The corporation is liable for the acts of its officers and agents acting within the scope of their authority. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1376.) HISTORICAL AND REVISION NOTES Revised Source (U.S. Code) Section 36:641. 130310 Source (Statutes at Large) Aug. 4, 1955, ch. 546, §11, 69 Stat. 489. §130311. Distribution of assets on dissolution or final liquidation On dissolution or final liquidation of the corporation, any assets remaining after the discharge of all liabilities shall be distributed as provided by the board of directors, but in compliance with the constitution and bylaws of the corporation. (Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1376.) HISTORICAL AND REVISION NOTES Revised Section 130311 (a) RECORDS.-The corporation shall keep AND ORGANIZATIONS The words "dissolution or final liquidation" are substituted for "final dissolution or liquidation" for consistency in the revised title. 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. The words "as provided by" are substituted for "in accordance with the determination of" for consistency in the revised title. The words "all Federal and State laws applicable thereto" are omitted as unnecessary. § 130502. Purposes The purposes of the corporation are (1) to promote, develop, supervise, and voluntarily assist in all lawful ways the interest of young people who participate in Little League baseball; (2) to help and voluntarily assist young people in developing qualities of citizenship and sportsmanship; and (3) using the disciplines of the native American game of baseball, to teach spirit and competitive will to win, physical fitness through individual sacrifice, the values of team play, and wholesome well being through healthy social association with other youngsters under proper leadership. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1377.) (a) BOARD OF DIRECTORS.—(1) The board of directors is the governing body of the corporation. Between meetings of the corporation, the board is responsible for the general policies and program of the corporation. The board is responsible for the control of all funds of the corporation. (2) The number of directors, their manner of selection (including the filling of vacancies), and their term of office are as provided in the constitution and bylaws of the corporation. However, the board shall have at least 13 directors. (b) OFFICERS.-(1) The officers of the corporation are a chairman of the board of directors, a president, a vice president, and a secretarytreasurer. Their duties are as provided in the constitution and bylaws of the corporation. (2) The officers shall be elected annually at the annual meeting of the corporation. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1377.) HISTORICAL AND REVISION NOTES AND ORGANIZATIONS (3) adopt, alter, and display seals, emblems, and badges; (4) choose directors, officers, trustees, managers, employees, and agents as the activities of the corporation require; (5) make contracts; (6) acquire, own, lease, encumber, and transfer property as necessary or convenient to carry out the purposes of the corporation; (7) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property; (8) charge and collect membership dues and subscription fees; (9) sue and be sued; and In this section, the text of 36:1087 is omitted as executed and obsolete. In clause (1), the word "alter" is omitted as included in "amend". The words "not inconsistent with the laws of the United States 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 "use" is omitted as included in "display". The words "as it may adopt" are omitted as unnecessary. In clause (4), the word "activities" is substituted for "business" for consistency in the revised title. In clause (5), the words "make contracts" are substituted for "to contract and be contracted with" for consistency in the revised title and to eliminate unnecessary words. Clause (6) is substituted for "take and hold by lease, gift, purchase, grant, devise, bequest or otherwise any property, real or personal, necessary for attaining the objects and carrying into effect the purposes of the corporation" and "transfer, encumber, and convey real or personal property" for consistency in the revised title and to eliminate unnecessary words. The words "subject to applicable provisions of law in any State (A) governing the amount or kind of real and personal property which may be held by, or (B) otherwise limiting or controlling the ownership of real or personal property by a corporation operating in such State" are omitted as unnecessary. In clause (7), 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 therefor, and secure the same by mortgage", for consistency in the revised title. The words "subject to all applicable provisions of Federal or State law" are omitted as unnecessary. In clause (8), the words "receive contributions or grants of money or property to be devoted to the carrying out of its purposes" are omitted as included in "acquire. . . property as necessary or convenient to carry out the purposes of the corporation" in clause (6). In clause (9), the words "complain, and defend in any court of competent jurisdiction" are omitted as unnecessary. In clause (10), the words "and all lawful", "and things", and "objects and" are omitted as unnecessary. The word "sole" is omitted as included in "exclusive". The words "or refuse" are omitted as unnecessary. The words "This section does not affect any vested rights" are substituted for "No powers or privileges hereby granted shall, however, interfere or conflict with established or vested rights" for consistency in the revised title and to eliminate unnecessary words. §130507. Restrictions (a) STOCK AND DIVIDENDS.-The corporation may not issue stock or declare or pay a dividend. (b) POLITICAL ACTIVITIES.-The corporation or a director, officer, or agent as such may not contribute to, support, or assist any political party or candidate for office. (c) DISTRIBUTION OF INCOME OR ASSETS.—The income and assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the corporation or on its dissolution or final liquidation. This subsection does not prevent the payment of reasonable compensation to an officer in an amount approved by the board of directors. (d) LOANS.-The corporation may not make a loan to a director, officer, or employee. Directors who vote for or assent to making a loan to a director, officer, or employee, and officers who participate in making the loan, are jointly and severally liable to the corporation for the amount of the loan until it is repaid. (Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1378.) HISTORICAL AND REVISION NOTES In subsection (a), the words "any shares of" are omitted as unnecessary. In subsection (b), the words "or otherwise" are omitted as unnecessary. In subsection (c), the words "inure to the benefit of" are substituted for "inure to" for consistency in the revised title. The words "This subsection does not prevent" are substituted for "Nothing in this subsection, however, shall be construed to prevent" for consistency in the revised title and to eliminate unnecessary words. § 130508. Principal office The principal office of the corporation shall be in Williamsport, Pennsylvania, or another place § 130509. Records and inspection (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. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1378.) HISTORICAL AND REVISION NOTES § 130512. Liability for acts of officers and agents The corporation is liable for the acts of its officers and agents acting within the scope of their authority. (Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1379.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) July 16, 1964, Pub. L. 88-378, §11, 78 Stat. 327. The word "records" is substituted for "books and records" for consistency in the revised title and to eliminate unnecessary words. § 130510. Statement required in audit report The corporation shall include in the audit report statement required under section 10101(b)(1)(B) of this title a schedule of all contracts requiring payments greater than $10,000 and all payments of compensation or fees at a rate greater than $10,000 a year. (Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1378.) Source (Statutes at Large) July 16, 1964, Pub. L. 88-378, §15, 78 Stat. 328. The words "dissolution or final liquidation" are substituted for "final dissolution or liquidation" for consistency in the revised title. The word "satisfaction" is omitted as included in "discharge", and the word "obligations" is omitted as included in "liabilities". The words "outstanding" and "and all Federal and State laws applicable thereto" are omitted as unnecessary. CHAPTER 1401-MARINE CORPS LEAGUE |