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shall be accepted in lieu of certified copies of proxies filed with the corporetion.

(d) List in duplicate of current officers and directors of said corporation, stating the name, residence, and nationality of each.

(e) Statement in duplicate that all shares of stock voted at any such meeting were fully paid.

Provided, That such statements (referred to in paragraphs (d) and (e) of this section) need not be filed if the information required is incorporated in the minutes. (Sec. 10, 42 Stat. 852, as amended; 15 U.S.O. 150) § 363.11 Fees.

(a) Filing fees. The following fees are prescribed and shall be payable, in the form of a draft payable to the Treasurer of the United States of America, upon the filing by the corporation of any of the following documents: Incorporation fee (as pro- $100.00 0.8.

vided for by section 6 of

the Act).
Certificate of Amendment of $25.00 U.S.

Articles of Incorporation.
Certificate of Property Value $26.00 U.S.

(minimum) (fee based on
value of property and
nature of investigations
made).

(b) Other fees and charges: Search and copying records $0.30 per page.

and documents. Certifying copies of records $0.50

and documents. (56 Stat. 1067; 15 U.S.C. 1520, 15 CFR 4.2) (29 F.R. 15569, Nov. 20, 1964) & 363.12 Accredited agent.

(a) Articles of incorporation of a China Trade Act corporation shall state the name and address of its accredited agent, who shall reside within the District of Columbia. Power of attorney appointing said agent shall be certified by the incorporators and filed in duplicate with the Secretary or the Registrar, as the case may be, at the time of filing application for certificate of incorporation. Before issuance of said certificate a letter of consent to act shall be certified by said agent and filed with the Registrar or Secretary, as the case may be, in duplicate.

(b) No corporation shall remove, or accept the resignation of, its accredited

agent until a successor has been appointed and a certified copy of said appointment and written consent of such successor to act has been filed in duplicate; except that in the event of the death of such agent the corporation shall, within 30 days after notice thereof, appoint a successor in the manner set forth in paragraph (a) of this section. § 363.13 Appeal from decision of Reg.

istrar. (a) An appeal to the Secretary may be taken from any decision or action of the Registrar within 6 months thereafter; provided that time for filing an appeal may be extended at the discretion of the Secretary.

(b) The person taking an appeal shall first submit to the Registrar a written statement setting forth, in full, the alleged facts upon which the appeal is based; which when certified to by the Registrar as a true, full, and correct statement of such facts, shall be transmitted to the Secretary with a statement in writing from the Registrar setting forth his decision, or action, from which the appeal is taken.

(c) If the Registrar refuses to certify, as provided for above, the person aggrieved may submit his aforementioned statement to the Secretary: Provided, That a copy of such statement shall first be filed with the Registrar, and the Registrar shall transmit, to the Secretary, a statement of his decision or action and his reasons for refusing to so certify.

(d) The Secretary, as soon as practicable, shall render his decision to the person taking the appeal and to the Registrar. § 363.14 Inspection of records.

Any person desiring to inspect the records of a China Trade Act corporation on file with the Registrar or the Secretary, shall submit his application to the Secretary or the Registrar, as the case

may be.

§ 363.15 Citizenship of incorporators,

directors, or officers. Whenever an incorporator, a director, or officer of a China Trade Act corporation, resident in China, is a naturalized American citizen, he shall set forth in writing and file with the Registrar the name and place of the diplomatic or consular office where he is registered as a naturalized American citizen, and such registration shall be verified by the

Registrar, by obtaining & written state- (c) Whenever the articles of incorpoment from said diplomatic or consular ration or bylaws of a corporation provide otice that such person has a valid cur- for the adoption of the annual report by rent registration.

the stockholders, there shall be filed, in § 363.16 Annual reports

duplicate, and afixed to Form 8, a stateThe fiscal year of & China Trade

ment by an authorized oficer of the corAct corporation shall end December 31,

poration showing that all shares of stock and on or fore March 15 of each

voted were fully paid: Provided, That succeeding year such corporation shall

when such information is incorporated file with the Registrar a report of

in the minutes said statement need not

be filed. its business for said fiscal year showing the financial condition of the

(d) There shall be affixed to said Form corporation at the close of said year:

8, a statement, in duplicate, setting forth Provided, That an extension of time in

the names, addresses, and nationalities which to file said report may, in the dis

of all stockholders of the corporation on cretion of the Registrar be obtained i

the last day of the fiscal year ending requested in writing prior to said March

December 31, including number of shares

and classes of stock held by each: Pro15; Provided further, That in all cases the time for Aling said report for any

vided, That such information may be year beginning after December 31, 1940,

incorporated in the minutes of said is extended until the fifteenth day of the

meeting. sixth month following the month in

Whenever a special tax-saving divi

dend is declared there shall also be filed which the present war with Germany, Italy, and Japan is terminated, as pro

by the corporation, in duplicate, a certificlaimed by the President, or to such other

cate of distribution of special dividend. extended date as the Registrar or the

(e) Statement, in duplicate, setting Secretary of Commerce shall set. Any

forth the names, residences, and nationcorporation engaged in business for a

alities of directors and officers elected for period of less than 1 year, or any corpo

the ensuing year, provided that such inration which is in process of dissolution

formation may be set forth in the minor liquidation, shall file an annual report

utes of said meeting in lieu of filing said as herein prescribed, for such period as

statement: Provided, That when such it is operated as a China Trade Act cor

directors and officers are elected subseporation. The annual report shall be

quently to the adoption of the annual adopted at a meeting of the stockholders

report, the corporation shall file such or directors, in accordance with the arti

statements, in duplicate, with the Regiscles of incorporation or the bylaws of

trar immediately upon the election of such corporation and shall consist of the

said directors and officers. Such statefollowing documents which shall be

ments shall be certified to by the secreafixed to and made a part of Form 8

tary of the corporation. (said form shall be signed and sworn to

(Sec. 12, 42 Stat. 853; 15 U.S.C. 152) under oath by the Secretary of the cor- § 363.17 Filing documents. poration in the manner therein provided):

(a) Documents to be transmitted to (a) Minutes of meeting, in duplicate,

Secretary by Registrar. When applicawhich shall show, in addition to other

tion is made in China for certificate business transacted, the adoption of

of incorporation, the Registrar shall audited balance sheet and statement of

transmit the following documents to profit and loss for said fiscal year. In

the Secretary: (1) Original applicalieu of filing, in duplicate, notice of call,

tion; (2) the original articles of insaid notice may be incorporated in the

corporation and two copies. When minutes as provided for by $ 363.10 (a).

the certificate of incorporation is isWhen notice of call of meeting is waived

sued, the original shall be filed with or any votes are voted by proxy at said

the Secretary and two copies of certifimeeting an authorized oficer of the cor

cate certified by the Secretary, with said poration shall certify to any such waiver

copies of articles attached, shall be reor proxy in the manner prescribed by

turned to the Registrar for his files and $363.10.

transmission to the corporation. Two (b) Two copies of balance sheet and

additional copies of the certificate of intwo copies of statement of profit and loss corporation shall be forwarded to the for said fiscal year, audited and certified Registrar, who shall affix to each said by an accredited public &ccountant. certificate a copy of articles of incorpo

ration retained by the Registrar. The Registrar shall certify and transmit the two sets as follows: one to the American Legation and one to the consular officer for the district where the central office or place of business of the corporation is located in China.

When the application is filed by the corporation with the Registrar for certificate of amendment of articles of incorporation, certificate of authorization for voluntary dissolution, or certificate for extension, the original of each said document and two copies shall be transmitted to the Secretary. When certified by him, the original shall be filed with the Secretary and the copies, duly certified, shall be returned to the Registrar for his files and for transmission to the corporation. The Registrar shall certify the two copies retained by him and transmit the same as follows: one to the American Legation and one to the consular oficer as provided above.

One copy of all other papers filed with the Registrar shall be certified by him and transmitted to the Secretary.

(b) Documents to be transmitted to Registrar, when filed with Secretary direct. When application is made in the United States for certificate of incorporation, certificate of amendment of articles of incorporation, certificate of authorization for voluntary dissolution, or certificate for extension, the following documents shall be transmitted to the Registrar upon the issuance by the Secretary of any such certificate:

(1) One copy of application, for Registrar's files,

(2) Four copies of certificate of incorporation, with copies of articles of incorporation attached,

(3) Four copies of certificate of amendments of articles of incorporation,

(4) Four copies of certificate of authorization for voluntary dissolution,

(5) Four copies of certificate authorizing extension.

The original of each of the foregoing certificates shall be filed with the Secretary, and two copies thereof certified by the Secretary shall be forwarded to the Registrar for his files and for transmission to the corporation. The remaining copies shall be transmitted to the Registrar for the following disposition: one to the American Legation and one to the aforesaid consular oficer.

One copy of all other papers filed with the Secretary direct shall be transmitted to the Registrar.

8 363.18 Statement to be filed before

certificate is delivered. No certificate of incorporation shall be delivered to a China Trade Act corporation until it has filed a statement, under oath, with the Registrar to the effect that at least 25 per centum of its authorized capital stock has been paid in. § 363.19 Forms.

The Department of Commerce, upon request, will furnish forms for the material required to be filed under this part. The material filed must, in form and substance, correspond with the said forms, which are as follows: Form 1 Application for Certificate of In.

corporation. Form 2 Certification of Incorporation. Form 3 Certificate of Amendment to As.

ticles of Incorporation. Form 4 Certificate of Authorization for

Voluntary Dissolution. Form 5 Certificate of Authorization for

Extension. Form 6 Certificate of Property Value. Form 7 Certificate of Property Value by

Disinterested Persons. Form 8

Annual Report. Form 9 Certificate of Distribution of Spe

cial Dividend. Form 10 Application for

Inspection of Records.

PART 364-TRADE FAIRS IN THE

UNITED STATES Sec. 364.1 Definitions. 364.2 Who may apply for designation of a

fair. 364.3 How to apply for designation of a fair 364.4 Substance of application. 364.5 Extending closing date of a fair.

AUTHORITY: The provisions of this part 364 issued under 73 Stat. 18, 19 U.S.C. 1751 through 1756.

SOURCE: The provisions of this Part 364 appear at 29 F.R. 10579, July 30, 1964, unless otherwise noted. § 364.1 Definitions.

For the purpose of the regulations in this part:

(a) The term “Act" means the Trade Fair Act of 1959.

(b) The term "fair" includes a trade fair, trade show, industrial exhibition, agricultural fair, State or county fair, world's fair or exposition, or exhibition or exposition of a cultural, scientific or educational nature.

(c) The term "operator" means the person, firm or corporation, including a State or local government agency, conducting the fair and who will be responsible for entry and disposition of all articles entered under the Act at a designated fair. § 364.2 Who may apply for a designa

tion of a fair. A fair operator who desires the privileges of the Act may apply to the U.S. Expositions Staff, Office of Administration for Domestic and International Business, to have the fair designated as being in the public interest in promoting trade and therefore eligible for the privileges of duty-free entry provided by the Act for articles to be exhibited at the fair or for use in constructing, installing, or maintaining foreign exhibits at the fair. [29 F.R. 10579, July 30, 1964, as amended at 32 F.R. 8853, June 22, 1967) 8 364.3 How to apply for designation of

a fair.

(a) An operator of a fair to be held in the United States shall make application on Form IA-32, Application for Designation of a Fair, in accordance with the instructions set forth on the form and in this part.'

(b) Form IA-32 shall be completed in quadruplicate. Two copies of the form shall be filed with the U.S. Expositions Staff, Office of Administration for Domestic and International Business, Washington, D.C., 20230, and one copy shall be filed with that Field Office of the Department of Commerce, listed in paragraph (c), which is nearest to the applicant. The fourth copy shall be retained in the applicant's files for the duration of the fair.

(C) Application forms may be obobtained from the U.S. Expositions Staff or any of the following Department of Commerce Field Ofices: Albuquerque, N. Mex., 87101, U.S. Court

house. Anchorage, Alaska, 99501, Room 306 Loussac

Sogn Building. Atlanta, Ga., 30303, Fourth Floor, Home Sav

ings Building, 75 Forsyth Street NW. Baltimore, Md., 21202, Room 305 U.S. Cus

tomhouse, Gay and Lombard Streets. Birmingham, Ala., 35203, Title Building, 2030

Third Avenue North.

Boston, Mass., 02110, Room 230, 80 Federal

Street. Buffalo, N.Y., 14203, 504 Federal Building,

117 Ellicott Street. Charleston, S.C., 29401, No. 4 North Atlantic

Wharf. Charleston, W. Va., 25301, 3002 New Federal

Office Building, 500 Quarrier Street. Cheyenne, Wyo., 82001, 207 Majestic Build

ing, 16th and Capital Ave. Chicago, Ill., 60606, Room 1302, 226 West

Jackson Boulevard. Cincinnati, Ohio, 45202, 8028 Federal Omco

Building, 550 Main Street. Cleveland, Ohio, 44101, Fourth Floor, Federal

Reserve Bank Building, East Sixth Street

and Superior Avenue. Dallas, Tex., 75202, Room 1200, 1114 Com.

merce Street. Denver, Colo., 80202, 142 New Custom House,

19th and Stout Street. Des Moines, Iowa, 50309, Room 1216, Para

mount Building, 509 Grant Avenue. Detroit, Mich., 48226, 445 Federal Building. Greensboro, N.C., 27402, Room 407, U.S. Post

Office Building. Hartford, Conn., 06103, 18 Asylum Street. Houston, Tex, 77002, 5102 Federal Building,

515 Rusk Avenue. Jacksonville, Fla., 32202, 512 Greenleaf Build

ing, 204 Laura Street. Kansas City, Mo., 64106, Room 20111, 911 Wal

nut Street. Los Angeles, Calif., 90015, Room 450, West

ern Pacific Building, 1031 South Broadway. Memphis, Tenn., 38103, 345 Federal Office

Building, 167 North Main Street. Miami, Fla., 33130, Room 1628, Federal Office

Building, 51 Southwest First Avenue. Milwaukee, Wis., 53203, Straus Building, 238

West Wisconsin Avenue. Minneapolis, Minn., 55401, Room 304, Federal

Building, 110 South Fourth Street. New Orleans, La., 70130, 1508 Masonic Temple

Building, 333 St. Charles Avenue. Honolulu, Hawaii, 96813, 202 International

Savings Building, 1022 Bethel Street. New York, N.Y., 10001, 61st Floor, Empire

State Building, 350 Fifth Avenue. Philadelphia, Pa., 19107, Jefferson Building,

1015 Chestnut Street. Phoenix, Ariz., 85025, New Federal Building,

230 North First Avenue. Pittsburgh, Pa., 15222, 1030 Park Building,

355 Fifth Avenue. Portland, Oreg., 97204, 217 Old U.S. Court

house, 520 Southwest Morrison Street. Reno, Nev., 89502, 1479 Wells Avenue. Richmond, Va., 23240, 2105 Federal Build

ing, 400 North Eighth Street. St. Louis, Mo., 63103, 2511 Federal Building,

1520 Market Street. Salt Lake City, Utah, 84111, 3235 Federal

Building, 125 South State Street. San Francisco, Calif., 94102, 450 Golden Gate

Avenue, Box 36013. Santurce, Puerto Rico, 00907, Room 628, 605

Condado Avenue.

1 Copies of Form IA-32 have been aled with the Office of the Federal Register.

Savannah, Ga., 31402, 235 0.8. Courtbouso

and Post Once Building, 126-29 Bull Street. Seattle, Wash., 98104, 809 Federal Omco Building, 909 First Avenue.

(d) Applications for designation of a fair may be filed at any time. However, where possible, the application should be filed a minimum of 90 days before the opening date of the fair.

(e) The U.S. Expositions Staff may request additional data from any applicant if it is deemed necessary in establishing the fair's eligibility.

(f) The U.S. Expositions Staff will notify each applicant in writing of the action taken on his application. 129 F.R. 10579, July 30, 1964, as amended at 32 F.R. 8853, June 22, 1967) § 364.4 Substance of application.

The operator shall furnish the name of the fair, the place where the fair will be held, the dates when the fair will open and close, and the name of the operator of the fair. In addition, the operator shall give the names of its oficers, partners or owners; state how the fair will be financed and by whom; give the names of all organizations supporting or sponsoring the fair; state the purpose of the fair and how that purpose will serve the public interest in promoting trade; list the kinds of products to be exhibited at the fair or the nature of the different exhibits if not of products; give the size of the exhibit space and state whether a particular area has been set aside for exhibitors of foreign products; and furnish data on how much of the exhibit space has been contracted for at the time of application separately for domestic and foreign exhibits with a list of the foreign countries whose dutiable goods expect to be or will be exhibited. The fair operator shall also furnish copies of literature, brochures, etc., being distributed which explain or advertise the fair, and evidence of authority to use the fair site such as leases and public license approvals. § 364.5 Extending closing date of a fair.

When it shall become necessary to extend the closing date of a fair the operator shall notify the U.S. Expositions Staff as early as possible of the new closing date and of the reasons why the fair is to be extended. [29 F.R. 10679, July 30, 1964, as amended at 32 F.R. 8853, June 22, 1967)

PART 365_MOBILE TRADE FAIRS 8 365.1 Requests for assistance by mo

bile trade fair operators. (a) Financial assistance; kinds of expenses defrayed. Expenses which will be defrayed by the Department of Commerce under the financial assistance provisions of the Mobile Trade Fairs Act will be limited to the following:

(1) Expenses relating to the entrance and clearance of foreign ports of entry insofar as these expenses are directly attributable to the mobile trade fair project.

(2) Advertising expenses incurred in the foreign country or countries for the purpose of attracting visitors to the mobile trade fair, except that no part of the money may be spent for the purpose of entertaining, and except that not more than 90% (ninety percent) of the total of such allowable advertising expenses will be defrayed by the Department.

(3) Exhibit space and facilities in the foreign country or countries and related exhibit expenses.

(4) Transportation in the foreign country or countries and related services.

(b) Submission of requests; allocation of funds-(1) Where and when. Requests for assistance by mobile trade fair operators under the Act should be submitted to the Office of International Trade Promotion, Bureau of International Commerce, U.S. Department of Commerce, Washington, D.C., 20230. Prompt submission of requests for financial assistance is desirable.

(2) Funds. No funds for financial assistance will be allocated by the Department prior to March 2, 1964, in order to provide time for all interested persons to make their intentions and plans known. With respect to funds made available to the Department for such purpose out of fiscal year 1965 appropriations, no funds for financial assistance will be allocated by the Department prior to December 15, 1964, and such funds will be allocated only for requests received and approved subsequent to the date of publication of this amendment in the FEDERAL REGISTER.

(c) Requests for financial assistance; information required. (1) Requests for financial assistance must contain & description of each proposal for a mobile trade fair project for which assistance under the Act is requested. The de

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