Sec. 5. Corporate powers and obligations of the Foundation
408 words·~2 min read·
/bill/118/s/3207/is/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Foundation— may conduct business throughout the States, territories, and possessions of the United States and in foreign countries; shall have its principal offices in the Washington, DC, metropolitan area; and shall continuously maintain a designated agent in Washington, DC, who is authorized to accept notice or service of process on behalf of the Foundation. The serving of notice to, or service of process upon, the agent referred to in paragraph (1)(C), or mailed to the business address of such agent, shall be deemed as service upon, or notice to, the Foundation.
The Foundation shall have an official seal, which shall be selected by the Board and judicially noticed. In addition to powers explicitly authorized under this Act, the Foundation, in order to carry out the purposes described in section 3(b), shall have the usual powers of a corporation headquartered in Washington, DC, including the authority— to accept, receive, solicit, hold, administer, and use any gift, devise, or bequest, either absolutely or in trust, or real or personal property or any income derived from such gift or property, or other interest in such gift or property; to acquire by donation, gift, devise, purchase, or exchange any real or personal property or interest in such property; unless otherwise required by the instrument of transfer, to sell, donate, lease, invest, reinvest, retain, or otherwise dispose of any property or income derived from such property; to borrow money and issue bonds, debentures, or other debt instruments; to complain and defend itself in any court of competent jurisdiction (except that the Directors of the Board shall not be personally liable, except for gross negligence); to enter into legal arrangements with public agencies, private organizations, and persons and to make such payments as may be necessary to carry out the purposes of such contracts or arrangements; and to award funding, which may include project financing, grants, and concessional lending, for eligible projects, in accordance with section 7.
The Foundation may— hold Federal funds made available, but not immediately disbursed; and use any interest or other investment income earned on such Federal funds to carry out the purposes of the Foundation under this Act. Investments made with Federal funds pursuant to paragraph (1)(B) may only be made in— interest-bearing obligations of the United States; or obligations guaranteed as to both principal and interest by the United States. The United States shall not be liable for any debts, defaults, acts, or omissions of the Foundation.