(d) To purchase, take, receive, lease, take by gift or bequest or otherwise acquire, own, hold,
improve, use, and otherwise deal in and with, real or personal property, or any interest therein,
wherever situated;
(e) To sell, convey, mortgage, pledge, lease, exchange, transfer, and otherwise dispose of all or any
part of its property and assets;
(f) To lend money to and otherwise assist its employees other than its officers and directors;
(g) To purchase, take, receive, subscribe for, or otherwise acquire, own, hold, vote, use, employ,
sell, mortgage, loan, pledge, or otherwise dispose of, and otherwise use and deal in and with,
shares or other interests in, or obligations of, corporations, whether or not incorporated under
this Chapter and whether for profit or not for profit, associations, partnerships, or individuals, or
direct or indirect obligation of the United States, or of any other government, state, territory,
governmental district, or municipality or of any instrumentality thereof or any Tribe;
(h) To make contracts and incur liabilities, borrow money at such rates of interest as the corporation
may determine, issue its notes, bonds, and other obligations, and secure any of its obligations
by mortgage or pledge of all or any of its property, franchise and income;
(i) To lend money for its corporate purposes, invest and reinvest its funds, and take and hold real
and personal property as security for the payment of funds so loaned or invested;
(j) To conduct its affairs, carry on its operations, hold property, and have offices and exercise the
powers granted by this Chapter;
(k) To elect or appoint officers and agents of the corporation, and define their duties and fix their
compensation;
(l) To make and alter by-laws, not inconsistent with its articles of incorporation or with the laws,
Codes, and regulations of the Spokane Tribe and the United States, for the administration and
regulation of the affairs of the corporation; and
(m) Unless otherwise provided in the articles of incorporation, to make donations for the public
welfare or for religious, charitable, scientific research, or educational purposes, or for other
purposes for which the corporation is organized.
Legislative History-Enacted 10/14/04, Resolu. 2005-04; Readopted 8/01/06, Resolu. 2006-524.
Section 36-6 Defense of Ultra vires
36-6.01 Defense of Ultra vires. No act of a corporation and no conveyance or transfer of real or personal
property to or by a corporation shall be invalid by reason of the fact that the corporation was without
capacity or power to do such act or to make or receive such conveyance or transfer, but such lack of
capacity or power may be asserted:
(a) In a proceeding by a member or a director against the corporation to enjoin the doing of any
act, or the transfer of real or personal property by or to the corporation.
(1) If the act or transfer sought to be enjoined is being, or is to be, performed pursuant to
any contract to which the corporation is a party, the Court may, if all of the parties to
the contract are parties to the proceeding and if it deems the same to be equitable, set
aside and enjoin the performance of such contract, as the case may be, compensation
for the loss or damages sustained by either of them which may result from the action of
the Court in setting aside and enjoining the performance of the contract shall not be
awarded by the Court as a loss or damages sustained.
(b) In a proceeding by the corporation, whether acting directly or through a receiver, trustee, or
other legal representative, or through members in a representative suit, against the incumbent
or former officers or trustee of the corporation; and
(c) In a proceeding by the Department of Commerce as provided in this Chapter, to dissolve the
corporation or in a proceeding by the Department of Commerce to enjoin the corporation from
the transaction of authorized acts.
Legislative History-Enacted 10/14/04, Resolu. 2005-04; Readopted 8/01/06, Resolu. 2006-524.
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Revised Spokane Law & Order Code, 5/14/2013