36 U.S.C. § 90105: Powers

Summary

Lets the foundation set up its own rules and a court-recognized seal. It can act like a trustee under District of Columbia law and use the normal powers that trustees have. That includes taking gifts and bequests, buying or selling property, holding or using property that has conditions or other people’s interests so long as some benefit goes to the foundation, borrowing money, making contracts and payments, suing and being sued, and doing other needed acts to carry out its work. Starting in 2003, the foundation can hold a yearly conference in the Washington, D.C. metro area to honor high school students and others who have served or plan to serve as poll workers and who took part in the foundation’s programs.

Title 36, §90105

Patriotic and National Observances, Source: USLM XML via OLRC

(a)In General.—

The foundation 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 foundation has the usual powers of a corporation acting as a trustee in the District of Columbia, 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 foundation.

(c)Encumbered or Restricted Gifts.—

A gift, devise, or bequest may be accepted by the foundation 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 foundation.

(d)Contracts.—

The foundation may enter into such contracts with public and private entities as it considers appropriate to carry out its purposes.

(e)Annual Conference in Washington Metropolitan Area.—

During each year (beginning with 2003), the foundation may sponsor a conference in the Washington, D.C. metropolitan area to honor secondary school students and other individuals who have served (or plan to serve) as poll workers and assistants and who have otherwise participated in the programs and activities of the foundation.

Editorial Notes

Amendments

2014—Pub. L. 113–237 renumbered section 152605 of this title as this section.

§90105 Powers

Summary

Title 36, §90105

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata