CHAPTER 223 —AMERICAN SYMPHONY ORCHESTRA LEAGUE
§22301. Organization
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22301 | 36:3401. | Oct. 15, 1962, |
| 36:3402. 36:3404(1). |
This section is substituted for the source provisions for consistency in the revised title and to eliminate executed and unnecessary words.
The text of 36:3402 is omitted as executed and obsolete.
§22302. Purposes
The purposes of the corporation are—
(1) to serve as a coordinating, research, and educational agency and clearinghouse for symphony orchestras to help strengthen the work in their local communities;
(2) to assist in the formation of new symphony orchestras;
(3) to encourage and recognize the work of America's musicians, conductors, and composers, through suitable means; and
(4) to aid the expansion of the musical and cultural life of the United States through suitable educational and service activities.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22302 | 36:3403. | Oct. 15, 1962, |
§22303. Membership
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22303 | 36:3406. | Oct. 15, 1962, |
In subsection (a), the words "are as provided in the constitution and bylaws of the corporation" are substituted for "shall . . . be determined as the constitution and bylaws of the corporation may provide" to eliminate unnecessary words.
In subsection (b), the words "the right to" are omitted as unnecessary.
§22304. Governing body
(a)
(2) The number of directors, their manner of selection (including the filling of vacancies), and their term of office are as provided in the constitution and bylaws of the corporation.
(b)
(2) The manner of election, term of office, and duties of the officers are as provided in the constitution and bylaws.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22304(a) | 36:3407. | Oct. 15, 1962, |
| 22304(b) | 36:3408. |
In subsection (a), the text of 36:3407(a) and the word "Thereafter" in 36:3407(b) are omitted as obsolete. The word "contributions" is substituted for "all contributed funds" to eliminate unnecessary words.
§22305. Powers
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, agents, and employees 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; and
(7) sue and be sued.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22305 | 36:3404(2)–(9). | Oct. 15, 1962, |
| 36:3417. |
In this section, the text of 36:3417 is omitted as executed and obsolete.
In clause (1), the word[s] "and alter" and "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 (3), the word "activities" is substituted for "business" for consistency in the revised title.
In clause (4), the words "make contracts" are substituted for "contract and be contracted with" to eliminate unnecessary words.
Clause (5) is substituted for "take by lease, gift, purchase, grant, devise, or bequest from any private corporation, association, partnership, firm, or individual and to hold 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 "instruments of indebtedness" are substituted for "bonds" for consistency in the revised title. The words "secure its obligations by granting security interests in its property" are substituted for "secure the same by mortgage, deed of trust, pledge or otherwise" to eliminate unnecessary words. The words "for the purposes of the corporation", "therefor", and "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.
§22306. Exclusive right to name, insignia, emblems, and badges
The corporation has the exclusive right to use the name "American Symphony Orchestra League" and distinctive insignia, emblems and badges, descriptive or designating marks, and words or phrases required to carry out the duties and powers of the corporation. This section does not affect any vested rights.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22306 | 36:3416. | Oct. 15, 1962, |
The words "sole" and "to have and to use in carrying out its purposes" are omitted as unnecessary. The words "required to carry out the duties and powers of the corporation" are substituted for "as may be required in the furtherance of its functions" for consistency in the revised title and with other titles of the United States Code. The last sentence is substituted for "No powers or privileges hereby granted shall, however, interfere or conflict with established or vested rights" for consistency in the revised title and to eliminate unnecessary words.
§22307. Restrictions
(a)
(b)
(c)
(d)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22307(a) | 36:3412. | Oct. 15, 1962, |
| 22307(b) | 36:3410. | |
| 22307(c) | 36:3409(a). | |
| 22307(d) | 36:3409(b). |
In subsection (a), the words "any shares of" are omitted as unnecessary.
In subsection (c), the words "inure to the benefit of" are substituted for "inure to" for consistency in the revised title.
In subsection (d), the words "or advance" are added in 2 places for consistency in the subsection.
§22308. Principal office
The principal office of the corporation shall be in Charleston, West Virginia, or another place decided by the board of directors. However, the activities of the corporation are not confined to the place where the principal office is located but may be conducted throughout the States, territories, and possessions of the United States.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22308 | 36:3405(a). | Oct. 15, 1962, |
The words "the Commonwealth of Puerto Rico" are omitted as included in "territories, and possessions of the United States".
§22309. Records and inspection
(a)
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and
(3) at its principal office, a record of the names and addresses of its members entitled to vote.
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22309(a) | 36:3413 (1st sentence). | Oct. 15, 1962, |
| 22309(b) | 36:3413 (last sentence). |
The word "records" is substituted for "books and records" for consistency in the revised title and with other titles of the United States Code.
§22310. Service of process
The corporation shall have a designated agent in the District of Columbia to receive service of process for the corporation. Notice to or service on the agent, or mailed to the business address of the agent, is notice to or service on the corporation.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22310 | 36:3405(b). | Oct. 15, 1962, |
The words "at all times" and "authorized" are omitted as unnecessary.
§22311. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents acting within the scope of their authority.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22311 | 36:3411. | Oct. 15, 1962, |
§22312. Distribution of assets on dissolution or final liquidation
On dissolution or final liquidation of the corporation, any assets remaining after the discharge of all liabilities shall be distributed as provided by the board of directors, but in compliance with the constitution and bylaws of the corporation.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22312 | 36:3415. | Oct. 15, 1962, |
The word "satisfaction" is omitted as included in "discharge", and the word "obligations" is omitted as included in "liabilities". The words "outstanding" and "all Federal and State laws applicable thereto" are omitted as unnecessary.