§ 230305. Powers

474 words·~2 min read·/usc/title-36/section-230305

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The corporation may—

(1)adopt and amend a constitution and bylaws for the management of its property and the regulation of its affairs;

(2)adopt and alter a corporate seal;

(3)choose officers, managers, employees, and agents as the activities of the corporation require;

(4)make contracts;

(5)acquire, own, lease, encumber, and transfer property as necessary or convenient 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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1484.)

In this section, the text of 36:778 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 (4), the words “make contracts” are substituted for “contract and be contracted with” for consistency in the revised title and to eliminate unnecessary words.

Clause

(5)is substituted for “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” and “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 (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 therefor, and secure the same by mortgage, deed of trust, pledge, or otherwise” for consistency in the revised title and to eliminate unnecessary words. 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.

In clause (8), the words “any other act” are substituted for “any and all acts and things” for consistency in the revised title and to eliminate unnecessary words. The word “objects” is omitted as included in “purposes”.

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Pub. L. 105–225
112 Stat. 1484

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§ 230305

Powers

Pub. L.Pub. L. 105–225

Stat.112 Stat. 1484

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