2012 US Code
Title 15 - Commerce and Trade
Chapter 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE (§§ 1 - 38)
Section 37 - Immunity from antitrust laws
Publication Title | United States Code, 2012 Edition, Title 15 - COMMERCE AND TRADE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 15 - COMMERCE AND TRADE CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE Sec. 37 - Immunity from antitrust laws |
Contains | section 37 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 104-63, §2, Dec. 8, 1995, 109 Stat. 687; Pub. L. 105-26, §2(1), July 3, 1997, 111 Stat. 241. |
Statutes at Large References | 109 Stat. 687, 688 111 Stat. 241, 242 |
Public Law References | Public Law 104-63, Public Law 105-26 |
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Except as provided in subsection (d) of this section, the antitrust laws, and any State law similar to any of the antitrust laws, shall not apply to charitable gift annuities or charitable remainder trusts.
(b) ImmunityExcept as provided in subsection (d) of this section, any person subjected to any legal proceeding for damages, injunction, penalties, or other relief of any kind under the antitrust laws, or any State law similar to any of the antitrust laws, on account of setting or agreeing to rates of return or other terms for, negotiating, issuing, participating in, implementing, or otherwise being involved in the planning, issuance, or payment of charitable gift annuities or charitable remainder trusts shall have immunity from suit under the antitrust laws, including the right not to bear the cost, burden, and risk of discovery and trial, for the conduct set forth in this subsection.
(c) Treatment of certain annuities and trustsAny annuity treated as a charitable gift annuity, or any trust treated as a charitable remainder trust, either—
(1) in any filing by the donor with the Internal Revenue Service; or
(2) in any schedule, form, or written document provided by or on behalf of the donee to the donor;
shall be conclusively presumed for the purposes of this section and section 37a of this title to be respectively a charitable gift annuity or a charitable remainder trust, unless there has been a final determination by the Internal Revenue Service that, for fraud or otherwise, the donor's annuity or trust did not qualify respectively as a charitable gift annuity or charitable remainder trust when created.
(d) LimitationSubsections (a) and (b) of this section shall not apply with respect to the enforcement of a State law similar to any of the antitrust laws, with respect to charitable gift annuities, or charitable remainder trusts, created after the State enacts a statute, not later than December 8, 1998, that expressly provides that subsections (a) and (b) of this section shall not apply with respect to such charitable gift annuities and such charitable remainder trusts.
(Pub. L. 104–63, §2, Dec. 8, 1995, 109 Stat. 687; Pub. L. 105–26, §2(1), July 3, 1997, 111 Stat. 241.)
References in TextFor definition of “antitrust laws”, referred to in text, see section 37a(1) of this title.
Amendments1997—Pub. L. 105–26 amended section generally. Prior to amendment, section related to modification of antitrust laws to allow two or more charitable organizations to use, or to agree to use, the same annuity rate in issuing one or more charitable gift annuities and to limitations on such conduct.
Effective Date of 1997 AmendmentPub. L. 105–26, §3, July 3, 1997, 111 Stat. 242, provided that: “This Act [see Short Title of 1997 Amendments note set out under section 1 of this title], and the amendments made by this Act, shall apply with respect to all conduct occurring before, on, or after the date of the enactment of this Act [July 3, 1997] and shall apply in all administrative and judicial actions pending on or commenced after the date of the enactment of this Act.”
Effective DatePub. L. 104–63, §4, Dec. 8, 1995, 109 Stat. 688, provided that: “This Act [enacting this section, section 37a of this title, and provisions set out as a note under section 1 of this title] shall apply with respect to conduct occurring before, on, or after the date of the enactment of this Act [Dec. 8, 1995].”
Study and ReportPub. L. 105–26, §4, July 3, 1997, 111 Stat. 242, provided that:
“(a)
“(b)
“(c)
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