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15 U.S.C. § 142 — Definitions

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 142 — Definitions

When used in this chapter, unless the context otherwise indicates— **(a)** The term “person” includes individual, partnership, corporation, and association; **(b)** The term “China” means (1) China including Manchuria, Tibet, Mongolia, and any territory leased by China to any foreign government, (2) the Crown Colony of Hong Kong, and (3) the Province of Macao; **(c)** The terms “China Trade Act corporation” and “corporation” mean a corporation chartered under the provisions of this chapter; **(d)** The term “Federal district court” means any Federal district court, and the United States District Court for the District of Columbia; **(e)** The term “Secretary” means the Secretary of Commerce; and **(f)** The term “registrar” means the China Trade Act registrar appointed under [section 143 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section143&num=0&edition=prelim).

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Stable record: federal_law:legal_authorities:record_usc_afec473edc0519ccb42e344f
Source file: Laws/federal/codes/united-states-code/title-15/section-142-definitions--d1122ab890.md
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Passage SHA-256: 6348091956970b1c47f54708db7e77170ecdf8fbcbc4525ad109cc7c9a0c5b73

Source location: Title 15, Chapter 4, § 142; chapter-004-china-trade.md

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When used in this chapter, unless the context otherwise indicates— **(a)** The term “person” includes individual, partnership, corporation, and association; **(b)** The term “China” means (1) China including Manchuria, Tibet, Mongolia, and any territory leased by China to any foreign government, (2) the Crown Colony of Hong Kong, and (3) the Province of Macao; **(c)** The terms “China Trade Act corporation” and “corporation” mean a corporation chartered under the provisions of this chapter; **(d)** The term “Federal district court” means any Federal district court, and the United States District Court for the District of Columbia; **(e)** The term “Secretary” means the Secretary of Commerce; and **(f)** The term “registrar” means the China Trade Act registrar appointed under [section 143 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section143&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 143 — Registrar; designation; station; supervision by Secretary of Commerce

The Secretary of Commerce may authorize such Foreign Service officer as Secretary of State shall make available to perform duties of China Trade Act Registrar under his direction. The official station of the registrar shall be in China at a place to be designated by the Secretary. All functions vested in the registrar by this chapter shall be administered by him under the supervision of the Secretary; except that upon appeal to the Secretary in such manner as he shall by regulation prescribe, any action of the registrar may be affirmed, modified, or set aside by the Secretary as he deems advisable.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 146 — General powers of corporation

In addition to the powers granted elsewhere in this chapter, a China Trade Act corporation— **(a)** Shall have the right of succession during the existence of the corporation; **(b)** Shall have a corporate seal and may, with the approval of the Secretary, alter it; **(c)** May sue and be sued; **(d)** Shall have the right to transact the business authorized by its articles of incorporation and such further business as is properly connected therewith or necessary and incidental thereto; **(e)** May make contracts and incur liabilities; **(f)** May acquire and hold real or personal property, necessary to effect the purpose for which it is formed, and dispose of such property when no longer needed for such purposes; **(g)** May borrow money and issue its notes, coupon or registered bonds, or other evidences of debt, and secure their payment by a mortgage of its property; and **(h)** May establish such branch offices at such places in China as it deems advisable.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 146a — Jurisdiction of suits by or against China Trade Act corporation

The Federal district courts shall have exclusive original jurisdiction of all suits to which a China Trade Act corporation, or a stockholder, director, or officer thereof in his capacity as such, is a party. Suit against the corporation may be brought in the United States District Court for the District of Columbia or in the Federal district court for any district in which the corporation has an agent and is engaged in doing business.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 154 — Investigations by registrar; revocation of certificate of incorporation

The registrar may, in order to ascertain if the affairs of a China Trade Act corporation are conducted contrary to any provision of this chapter, or any other law, or any treaty of the United States, or the articles of incorporation or bylaws of the corporation, investigate the affairs of the corporation. The registrar, whenever he is satisfied that the affairs of any China Trade Act corporation are or have been so conducted, may institute in the United States Court for China proceedings for the revocation of the certificate of incorporation of the corporation. The court may revoke such certificate if it finds the affairs of such corporation have been so conducted. Pending final decision in the revocation proceedings the court may at any time, upon application of the registrar or upon its own motion, make such orders in respect to the conduct of the affairs of the corporation as it deems advisable.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 156 — Dissolution of corporation; trustees

In case of the voluntary dissolution of a China Trade Act corporation or revocation of its certificate of incorporation, the directors of the corporation shall be trustees for the creditors and stockholders of the corporation; except that upon application to the United States Court for China by any interested party, or upon the motion of any court of competent jurisdiction in any proceeding pending before it, the court may in its discretion appoint as the trustees such persons, other than the directors, as it may determine. The trustees are invested with the powers, and shall do all acts, necessary to wind up the affairs of the corporation and divide among the stockholders according to their respective interests the property of the corporation remaining after all obligations against it have been settled. For the purposes of this section the trustees may sue and be sued in the name of the corporation and shall be jointly and severally liable to the stockholders and creditors of the corporation to the extent of the property coming into their hands as trustees.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 142 — Definitions

Page 621 TITLE 15—COMMERCE AND TRADE § 143 title. For effect of repeal on existing registrations and pending proceedings see notes under section 1051 of this title. Sections 98 and 127 were rerepealed by act June 25, 1948, ch. 646, § 39, 62 Stat. 992, eff. Sept. 1, 1948. Editorial Notes DERIVATION Sections were derived from the following acts: Feb. 20, 1905, ch. 592, §§ 1 to 23, 25–30, 33 Stat. 724 to 731. May 4, 1906, ch. 2081, §§ 1 to 3, 34 Stat. 168, 169. Mar. 2, 1907, ch. 2573, §§ 1, 2, 34 Stat. 1251, 1252. Feb. 18, 1909, ch. 144, 35 Stat. 627, 628. Feb. 18, 1911, ch. 113, 36 Stat. 918. Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167. Aug. 24, 1912, ch. 370, § 5, 37 Stat. 498. Jan. 8, 1913, ch. 7, 37 Stat. 649. Mar. 19, 1920, ch. 104, §§ 1 to 9, 41 Stat. 533 to 535. June 7, 1924, ch. 341, 43 Stat. 647. Mar. 4, 1925, ch. 535, §§ 1, 3, 43 Stat. 1268, 1269. Mar. 2, 1929, ch. 488, § 2(b), 45 Stat. 1476. Apr. 11, 1930, ch. 132, § 4, 46 Stat. 155. June 7, 1934, ch. 426, 48 Stat. 926. June 20, 1936, ch. 617, 49 Stat. 1539. June 25, 1936, ch. 804, 49 Stat. 1921. June 10, 1938, ch. 332, §§ 1 to 3, 5, 52 Stat. 638, 639. CHAPTER 4—CHINA TRADE Sec. 141. Short title. 142. Definitions. 143. Registrar; designation; station; supervision by Secretary of Commerce. 144. China trade corporations. 144a. Incorporation fee for perpetual existence. 145. Certificate of incorporation. 146. General powers of corporation. 146a. Jurisdiction of suits by or against China Trade Act corporation. 147. Stock; issuance at par value. 148. Payment of stock in real or personal prop- erty. 149. Bylaws. 150. Stockholders’ meetings. 151. Directors. 152. Reports; records for public inspection. 153. Dividends. 154. Investigations by registrar; revocation

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