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 of cer- tificate of incorporation. 155. Authority of registrar in obtaining evidence. 156. Dissolution of corporation; trustees. 157. Regulations and fees; disposition of fees and penalties. 158. False or fraudulent statements prohibited; penalties. 159. Unauthorized use of legend; penalty. 160. Maintenance of agent for service. 161. Alteration, amendment, or repeal. 162. Creation of China corporations restricted. § 141. Short title This chapter may be cited as the ‘‘China Trade Act, 1922.’’ (Sept. 19, 1922, ch. 346, § 1, 42 Stat. 849.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning act Sept. 19, 1922, ch. 346, 42 Stat. 849. The Act (except sections 21 to 27) is classified to this chapter. Sections 21 to 27 of the Act amended title II of the Revenue Act of 1921, which was repealed by section 1100 of the Revenue Act of 1924 (43 Stat. 352). § 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 includ- ing Manchuria, Tibet, Mongolia, and any terri- tory 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 Colum- bia; (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. (Sept. 19, 1922, ch. 346, § 2, 42 Stat. 849; June 25, 1936, ch. 804, 49 Stat. 1921; Treaty Jan. 11, 1943, 57 Stat. 767; June 25, 1948, ch. 646, § 32(a), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107.) Editorial Notes CODIFICATION Words ‘‘the United States Court for China’’ deleted from definition of ‘‘Federal district court’’ under the authority of Treaty between the United States and the Republic of China, 57 Stat. 767, which was signed in Washington, Jan. 11, 1943, ratified by the United States Senate on Feb. 11, 1943, ratified by the President on May 4, 1943, and ratified by the Republic of China on Feb. 4, 1943, by which the United States relinquished all extraterritorial jurisdiction and rights in China. Congress by private act Dec. 22, 1944, ch. 691, 58 Stat. 1086, provided for the relief of certain former employees of the United States Court for China for the period of July 1, 1942 to May 20, 1943, on which date the Court ceased to exist. Statutory Notes and Related Subsidiaries CHANGE OF NAME Act June 25, 1948, eff. Sept. 1, 1948, as amended by act May 24, 1949, substituted ‘‘United States District Court for the District of Columbia’’ for ‘‘district court of the United States for the District of Columbia’’. Act June 25, 1936, substituted ‘‘district court of the United States for the District of Columbia’’ for ‘‘Su- preme Court of the District of Columbia’’. § 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 Sec- retary. 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. (Sept. 19, 1922, ch. 346, § 3, 42 Stat. 850; 1939 Reorg. Plan No. II, § 1(d), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1431.)