Public Law 87–817

serve as a coordinating, research and educational agency and clearinghouse for symphony orchestras in order to help strengthen the work in their local communities;

assist in the formation of new symphony orchestras;

through suitable means, encourage and recognize the work of America’s musicians, conductors, and composers; and

aid the expansion of the musical and cultural life of the United States through suitable educational and service activities.

to have succession by its corporate name;

to sue and be sued, complain and defend in any court of competent jurisdiction;

to adopt, use, and alter a corporate seal;

to choose such officers, managers, agents, and employees as the business of the corporation may require;

to adopt, amend, and alter a constitution and bylaws, not inconsistent with the laws of the United States or any State in which the corporation is to operate, for the management of its property and the regulation of its affairs;

to contract and be contracted with;

to 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, 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;

to transfer, convey, lease, sublease, encumber, and otherwise alienate real, personal, or mixed property; and

to borrow money for the purposes of the corporation, issue bonds therefor, and secure the same by mortgage, deed of trust, pledge, or otherwise, subject in every case to all applicable provisions of Federal and State laws.

The principal office of the corporation shall be located in Charleston, West Virginia, or in such other place as may be later determined by the board of directors, but the activities oi the corporation shall not be confined to that place, but may be conducted throughout, the United States, the Commonwealth of Puerto Rico, and the territories and possessions of the United States.

The corporation shall have in the District of Columbia at all times a designated agent authorized to accept service of process for the corporation; and notice to or service upon such agent, or mailed to the business address of such agent, shall be deemed notice to or service upon the corporation.

Eligibility for membership in the corporation and the rights, privileges, and designation of classes of members shall, except as provided in this Act, be determined as the constitution and bylaws of the corporation may provide.

Each member of the corporation, other than honorary, sustaining or associate members, shall have the right to one vote on each matter submitted to a vote at all meetings of the members of the corporation.

Upon the enactment of this Act the membership of the initial board of directors of the corporation shall consist of the following persons: R. Wilton Billstein, Woodbury, New Jersey; Igor Buketoff, Fort Wayne, Indiana; Mrs. Ronald A. Dougan, Beloit, Wisconsin; Mrs. J. W. Graham, Sioux City, Iowa; Howard Harrington, Detroit, Michigan; William Herring, Winston-Salem, North Carolina; Harold Kendrick, New Haven, Connecticut; Robert MacIntyre, Birmingham, Alabama; Thomas Perry, Junior, Boston, Massachusetts; Mrs. H. W. Roberts, Dallas, Texas; Mrs. Jouett Shouse, Washington, District of Columbia; Alan Watrous, Dallas, Texas; John S. Edwards, Pittsburgh, Pennsylvania; Mrs. Fred Lazarus III, Cincinnati, Ohio; Charles W. Bonner, Fresno, California; Alfred Connable, Kalamazoo, Michigan; Victor Feldbrill, Winnipeg, Manitoba, Canada; Mrs. Gerald S. Greene, West Hartford, Connecticut; Mrs. G. Robert Herberger, Scottsdale, Arizona; Thomas Iannaccone, Rochester, New York; Dr. Richard Lert, Hollywood, California; Mrs. Fitzgerald Parker, Nashville, Tennessee; Mrs. Leo R. Pflaum, Wayzata, Minnesota; Miss Helen Ryan, Orlando, Florida; George Szell, Cleveland, Ohio; Jackson Wiley, Springfield, Ohio; George Irwin, Quincy, Illinois; R. H. Wangerin, Louisville, Kentucky.

Thereafter, the board of directors of the corporation shall consist of such number, shall be selected in such manner (including the filling of vacancies), and shall serve for such term as may be prescribed in the constitution and bylaws of the corporation.

The board of directors shall be the governing board of the corporation and, during the intervals between the meetings of members, shall be responsible for the general policies and program of the corporation and for the control of all contributed funds as may be raised by the corporation.

The officers of the corporation shall be a president, one or more vice presidents (as may be prescribed in the constitution and bylaws of the corporation), a secretary, and a treasurer, and one or more assistant secretaries and assistant treasurers as may be provided in the constitution and bylaws.

The officers of the corporation shall be elected in such manner and for such terms and with such duties as may be prescribed in the constitution and bylaws of the corporation.

No part of the income or assets of the corporation shall inure to any of its members, directors, or officers as such, or be distributable to any of them during the life of the corporation or upon its dissolution or final liquidation. Nothing in this subsection, however, shall be construed to prevent the payment of compensation to officers of the corporation in amounts approved by the board of directors of the corporation.

The corporation shall not make loans to its officers, directors, or employees. Any director who votes for or assents to the making of a loan or advance to an officer, director, or employee of the corporation, and any officer who participates in the making of such a loan or advance, shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof.

The accounts of the American Symphony Orchestra League shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants or independent licensed public accountants, certified or licensed by a regulatory authority of a State or other political subdivision of the United States. The audit shall be conducted at the place or places where the accounts of the corporation are normally kept. All books, accounts, financial records, reports, files, and all other papers, things, or property belonging to or in use by the corporation and necessary to facilitate the audit shall be made available to the person or persons conducting the audit; and full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians shall be afforded to such person or persons.

A report of such audit shall be made by the corporation to the Congress not later than March 1 of each year. The report shall set forth the scope of the audit and shall include a verification by the person or persons conducting the audit of statements of (1) assets and liabilities, (2) capital and surplus or deficit, (3) surplus or deficit analysis, (4) income and expense, and (5) sources and application of funds. Such report shall not be printed as a public document.