§ 130107. Restrictions  


Latest version.
  • (a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend. (b) Political Activities.—The corporation or an officer or agent as such may not contribute to a political party or candidate for public office. (c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, an officer or member during the life of the corporation or on its dissolution or final liquidation. This subsection does not prevent the payment of compensation to an officer or reimbursement for actual necessary expenses in amounts approved by the council of administration of the corporation. (d) Loans.—The corporation may not make a loan or advance to an officer or employee. Members of the council of administration who vote for or assent to making a loan or advance to an officer or employee, and officers who participate in making the loan or advance, are jointly and severally liable to the corporation for the amount of the loan or advance until it is repaid.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1372.)

Historical And Revision

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

130107(a)

36:78k.

June 17, 1959, Pub. L. 86–47, §§ 9, 10, 12, 73 Stat. 78, 79.

130107(b)

36:78i.

130107(c)

36:78h(a).

130107(d)

36:78h(b).

In subsection (a), the words “any shares of” are omitted as unnecessary.

In subsections (c) and (d), the reference to the “council of administration” is retained although there is no council of administration created by 36:78e or 36:78f.

In subsection (c), the words “inure to the benefit of” are substituted for “inure to” for consistency in the revised title. The words “This subsection does not prevent” are substituted for “Nothing in this subsection, however, shall be construed to prevent” for consistency in the revised title and to eliminate unnecessary words.

In subsection (d), the words “or advance” are added in 2 places for consistency in the subsection.