611.1
NON-PROFIT AND CHARITABLE PURPOSES - As stated in Section 601.2, NDSI is organized exclusively for charitable and
educational purposes and for the purpose of fostering national or international
amateur sports competition within the meaning of section 501(c)(3) of the IRS
Code. Notwithstanding any other provision of these Bylaws, NDSI shall not,
except to an insubstantial degree, (1) engage in any activities or exercise any
powers that are not in furtherance of the purposes and objectives of NDSI or
(2) engage in any activities not permitted to be carried on by: (A) a
corporation exempt from federal income tax under such section 501(c)(3) of the
IRS Code or (B) a corporation to which contributions, gifts and bequests are
deductible under sections 170(c)(2), 2055(a)(2) and 2522(a)(2) of the IRS Code.
611.2
DEDICATION
OF ASSETS, ETC - The revenues, properties and assets of NDSI are irrevocably
dedicated to the purposes set forth in Sections 601.2 and 611.1 of these Bylaws. No part of the net earnings,
properties or assets of NDSI shall inure to the benefit of any private person
or any member, officer or director of NDSI.
611.3
AMENDMENTS - Any provision of these Bylaws not mandated by USS
may be amended at any meeting of the House of Delegates by a two‑thirds
vote of the members present and voting. Amendments so approved shall not take
effect until reviewed and approved by the USS Legislation Sub-committee. These
Bylaws shall be deemed amended ninety (90) days after the conclusion of any
annual meeting of USS at which the corresponding provisions of Part Six of the
USS Code of Rules and Regulations are amended (or such later effective date
established in the amending USS legislation) to the extent that such amendment
affects a provision required to be included herein or is itself required to be
included herein, unless NDSI shall have requested permission of the USS
Legislation Sub-committee not to have such amendment take effect with respect
to these Bylaws.
DISSOLUTION - NDSI may be dissolved only upon a two-thirds majority vote of all the voting members of the House of Delegates. Upon dissolution, the net assets of NDSI shall not inure to the benefit of any private individual, unincorporated organization or corporation, including any member, officer or director of NDSI, but shall be distributed to United States Swimming, Inc., to be used exclusively for educational or charitable purposes. If United States Swimming, Inc., is not then in existence, or is not then a corporation which is exempt under section 501(c)(3) of the IRS Code and to which contributions, bequests and gifts are deductible under sections 170(c)(2), 2055(a)(2) and 2522(a)(2) of the IRS Code, the net assets of NDSI shall be distributed to a corporation or other organization meeting those criteria and designated by the House of Delegates at the time of dissolution, to be used exclusively for educational or charitable purposes.