2017 US Code
Title 36 - Patriotic and National Observances, Ceremonies, and Organizations
Subtitle II - Patriotic and National Organizations
Part B - Organizations
Chapter 1517 - National Film Preservation Foundation
Sec. 151705 - Powers

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Citation 36 U.S.C. § 151705 (2017)
Section Name §151705. Powers
Section Text

(a) General.—The corporation may—

(1) adopt a constitution and bylaws;

(2) adopt a seal which shall be judicially noticed; and

(3) do any other act necessary to carry out this chapter.


(b) Powers as Trustee.—To carry out its purposes, the corporation has the usual powers of a corporation acting as a trustee in the jurisdiction in which the principal office of the corporation is located, including the power—

(1) to accept, receive, solicit, hold, administer, and use any gift, devise, or bequest, either absolutely or in trust, of property or any income from or other interest in property;

(2) to acquire property or an interest in property by purchase or exchange;

(3) unless otherwise required by an instrument of transfer, to sell, donate, lease, invest, or otherwise dispose of any property or income from property;

(4) to borrow money and issue instruments of indebtedness;

(5) to make contracts and other arrangements with public agencies and private organizations and persons and to make payments necessary to carry out its functions;

(6) to sue and be sued; and

(7) to do any other act necessary and proper to carry out the purposes of the corporation.


(c) Encumbered or Restricted Gifts.—A gift, devise, or bequest may be accepted by the corporation even though it is encumbered, restricted, or subject to beneficial interests of private persons, if any current or future interest is for the benefit of the corporation.

Source Credit

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1405; Pub. L. 109–9, title III, §312(b), Apr. 27, 2005, 119 Stat. 226; Pub. L. 113–237, §3(c)(5), Dec. 18, 2014, 128 Stat. 2840.)

Editorial Notes
Historical and Revision Notes
Revised SectionSource (U.S. Code)Source (Statutes at Large)
151705(a) 36:5702(g)(1)(B), (C). Oct. 11, 1996, Pub. L. 104–285, title II, §§203(g)(1)(B), (C), 204(b), (c)(1)–(4), (5) (words before 2d comma), (6), (7), (last par.), 110 Stat. 3384, 3385.
  36:5703(b).  
151705(b) 36:5703(c)(1)–(4), (5) (words before 2d comma), (6), (7).  
151705(c) 36:5703(c) (last par.).  

Subsection (a)(1) is substituted for 36:5702(g)(1)(B) for consistency in the revised title. The words "consistent with the purposes of the Foundation and the provisions of this chapter" are omitted as unnecessary.

Subsection (a)(2) is substituted for 36:5703(b) for consistency in the revised title.

Subsection (a)(3) is substituted for 36:5702(g)(1)(C) for consistency in the revised title.

In subsection (b), before clause (1), the words "under section 5701 of this title" and "in addition to the powers otherwise given it under this chapter" are omitted as unnecessary. In clauses (1) and (2), the words "real or personal" are omitted as unnecessary and for consistency in the revised title. In clause (3), the words "reinvest, retain" are omitted as unnecessary. In clause (4), the words "instruments of indebtedness" are substituted for "bonds, debentures, or other debt instruments" to eliminate unnecessary words. In clause (6), the words "and complain and defend itself in any court of competent jurisdiction" are omitted as unnecessary. In clause (7), the words "any other act" are substituted for "any and all acts" to eliminate unnecessary words.

AMENDMENTS

2014—Subsec. (b). Pub. L. 113–237 substituted "the jurisdiction" for "the the jurisdiction" in introductory provisions.

2005—Subsec. (b). Pub. L. 109–9 substituted "the jurisdiction in which the principal office of the corporation is located" for "District of Columbia" in introductory provisions.

Publication Title United States Code, 2012 Edition, Supplement 5, Title 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS
Subtitle II - Patriotic and National Organizations
Part B - Organizations
CHAPTER 1517 - NATIONAL FILM PRESERVATION FOUNDATION
Sec. 151705 - Powers
Contains section 151705
Date 2017
Laws In Effect As Of Date January 12, 2018
Positive Law Yes
Disposition standard
Statutes at Large References 110 Stat. 3384
112 Stat. 1405
119 Stat. 226
128 Stat. 2840
Public Law References Public Law 104-285, Public Law 105-225, Public Law 109-9, Public Law 113-237
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