Terms Used In California Codes > Corporations Code > Title 2 > Chapter 5 - Uniform Partnership Act of 1994

• Abstract of judgment: In a federal criminal proceeding, A certification from a U.S. District Court clerk that a judgment of restitution was entered against the defendant owing to the victim. If the defendant inherits, owns, or sells real property or holdings, these assets can then be attached at the state and local levels as well.
• Act: means the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5). See California Public Resources Code 25470
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Allocation: means a loan of funds by the commission pursuant to the procedures specified in this chapter. See California Public Resources Code 25411
• Allocation: means the portion of the initial California Student Housing Revolving Loan Fund Act of 2022 appropriation allocated to each designated authority to provide loans pursuant to this chapter. See California Education Code 67329.2
• Allocation: means a loan of funds by the Department of General Services pursuant to the procedures specified in this chapter. See California Public Resources Code 25470
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. ^{Source: FDIC}
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Assistive technology: means any item, piece of equipment, or product system, whether acquired commercially, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities, and any service that directly assists an individual with a disability in the selection, acquisition, or use of the item, equipment, or product system. See California Welfare and Institutions Code 19461
• Authority: means the California Educational Facilities Authority created by this chapter or any board, body, commission, department, or officer succeeding to the principal functions of the authority or to whom the power conferred upon the authority by this chapter is given by law. See California Education Code 94110
• authority: as used in this chapter depends on the college or university system of which the applicant is a member. See California Education Code 67329.2
• axle: is a structure or portion of a structure consisting of one or more shafts, spindles, or bearings in the same vertical transverse plane by means of which, in conjunction with wheels mounted on said shafts, spindles, or bearings, a portion of the weight of a vehicle and its load, if any, is continuously transmitted to the roadway when the vehicle is in motion. See California Vehicle Code 230
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Bond: means bonds, notes, debentures, securities, or other evidences of indebtedness of the authority issued pursuant to this chapter. See California Education Code 94110
• Bonds: means bonds, notes, warrants, or other evidence of indebtedness payable, both principal and interest, from the proceeds of ad valorem taxes that may be levied without limitation as to rate or amount upon property subject to taxation by the legislative body. See California Government Code 53507
• Bonds: means bonds, warrants, notes or other evidences of indebtedness of a local agency or zone or improvement district thereof. See California Government Code 53530
• bonds: includes bonds, warrants, notes, or other evidences of indebtedness of a local agency, zone or improvement district except those which under Section 18 of Article XI or other provision of the Constitution of the State of California are required to be authorized at an election. See California Government Code 53540
• Brand: means any mark, name or device filed as a brand under this article. See California Business and Professions Code 14425
• Building: includes a tribal building. See California Public Resources Code 25411
• Building: means any existing structure that includes a heating or cooling system, or both. See California Public Resources Code 25470
• bus: is a ny vehicle, including a trailer bus, designed, used, or maintained for carrying more than 15 persons including the driver. See California Vehicle Code 233
• business: includes a proprietorship, partnership, corporation, and any other form of commercial enterprise. See California Vehicle Code 234
• Business: includes every trade, occupation, and profession. See California Corporations Code 16101
• candidate: includes any officeholder who is subject to a recall election. See California Elections Code 305
• Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
• Chancellor: means the Chancellor of the CSU. See California Education Code 66046
• City: includes every city and city and county within this State. See California Vehicle Code 255
• City: includes city and county. See California Business and Professions Code 18
• City: includes "city and county" and "incorporated town. See California Streets and Highways Code 15
• Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
• commercial vehicle: is a motor vehicle of a type required to be registered under this code used or maintained for the transportation of persons for hire, compensation, or profit or designed, used, or maintained primarily for the transportation of property. See California Vehicle Code 260
• commission: means the Student Aid Commission created by this article. See California Education Code 69515
• commission: means the California Transportation Commission. See California Streets and Highways Code 22
• Commissioner: means any county agricultural commissioner. See California Food and Agricultural Code 26
• Committee: means the Economic Recovery Financing Committee created pursuant to Section 99055. See California Government Code 99051
• Committee: means the Higher Education Facilities Finance Committee created pursuant to Section 67353. See California Education Code 67332
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Construction: includes :

  California Streets and Highways Code 29

• corporation: includes a limited liability company. See California Government Code 53601.2
• costs: includes only the following:

  California Code of Civil Procedure 1297.411

• Counterclaim: A claim that a defendant makes against a plaintiff.
• County: includes "city and county. See California Welfare and Institutions Code 14
• County: includes every county and city and county within this State. See California Vehicle Code 270
• County: includes city and county. See California Business and Professions Code 17
• County: includes "city and county. See California Corporations Code 14
• County: includes "city and county. See California Public Resources Code 14
• County: includes "city and county. See California Streets and Highways Code 14
• County: includes city and county. See California Food and Agricultural Code 29
• creditor: means the state or the department or agency of the state seeking to collect the liability. See California Code of Civil Procedure 688.040
• CSU: means the California State University. See California Education Code 66046
• debtor: means the debtor from whom the liability is sought to be collected. See California Code of Civil Procedure 688.040
• Decedent: A deceased person.
• Department: means the Department of Rehabilitation. See California Welfare and Institutions Code 19461
• Department: means the Department of Motor Vehicles except, when used in Chapter 2 (commencing with Section 2100) of Division 2 and in Divisions 11 (commencing with Section 21000), 12 (commencing with Section 24000), 13 (commencing with Section 29000), 14 (commencing with Section 31600), 14. See California Vehicle Code 290
• department: means the State Department of Public Health. See California Business and Professions Code 1202
• Department: means the Department of General Services. See California Public Resources Code 25470
• department: means the Department of Transportation. See California Public Resources Code 25480
• Department: means the Department of Justice. See California Business and Professions Code 17511.2
• Department: means the Department of Transportation of this state. See California Streets and Highways Code 20
• Department: means the Department of Food and Agriculture. See California Food and Agricultural Code 32
• Dependent: A person dependent for support upon another.
• director: refer to the Department of Rehabilitation and the Director of Rehabilitation, respectively, unless the context otherwise requires. See California Welfare and Institutions Code 19002
• Director: means the director of the department. See California Streets and Highways Code 21
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Distribution: means a transfer of money or other property from a partnership to a partner in the partner's capacity as a partner or to the partner's transferee. See California Corporations Code 16101
• distributor: is a ny person other than a manufacturer who sells or distributes new vehicles subject to registration under this code, new trailers subject to identification pursuant to Section 5014. See California Vehicle Code 296
• Division: as used in this article , means the Public Safety Communications Division within the Office of Emergency Services. See California Government Code 53108.5
• Docket: A log containing brief entries of court proceedings.
• Donor: The person who makes a gift.
• Dormitory: means a housing unit with necessary and usual attendant and related facilities and equipment. See California Education Code 94110
• driver: is a person who drives or is in actual physical control of a vehicle. See California Vehicle Code 305
• drug: means any substance or combination of substances, other than alcohol, which could so affect the nervous system, brain, or muscles of a person as to impair, to an appreciable degree, his ability to drive a vehicle in the manner that an ordinarily prudent and cautious man, in full possession of his faculties, using reasonable care, would drive a similar vehicle under like conditions. See California Vehicle Code 312
• Educational facility: means a dormitory, dining hall, student union, administration building, academic building, library, laboratory, research facility, classroom, health care facility (including for an institution of higher education that maintains and operates a school of medicine, structures or facilities designed to provide services as a hospital or clinic, whether the hospital or clinic is operated directly by the institution of higher education or by a separate nonprofit corporation, the members of which consist of the educational institution or the members of its governing body), faculty and staff housing, parking, maintenance, storage, or utility facilities, and other related structures or facilities used for student instruction, conducting research, or operating an institution for higher education, and related facilities and equipment. See California Education Code 94110
• Electronic transmission by the partnership: means a communication (a) delivered by (1) facsimile telecommunication or electronic mail when directed to the facsimile number or electronic mail address, respectively, for that recipient on record with the partnership, (2) posting on an electronic message board or network that the partnership has designated for those communications, together with a separate notice to the recipient of the posting, which transmission shall be validly delivered upon the later of the posting or delivery of the separate notice thereof, or (3) other means of electronic communication, (b) to a recipient who has provided an unrevoked consent to the use of those means of transmission, and (c) that creates a record that is capable of retention, retrieval, and review, and that may thereafter be rendered into clearly legible tangible form. See California Corporations Code 16101
• Eligible energy project: means an undertaking to acquire and to install one or more eligible energy measures in a building or facility, and technical assistance in connection with that undertaking. See California Public Resources Code 25411
• Eligible institution: means a school, hospital, public care institution, unit of local government, or tribe. See California Public Resources Code 25411
• Eligible persons: means any of the following, provided that household income does not exceed the level prescribed for moderate-income families by the Department of Housing and Community Development pursuant to §. See California Welfare and Institutions Code 19461
• Energy audit: means a determination of the energy consumption characteristics of a building or facility that does all of the following:

  California Public Resources Code 25411

• Energy conservation measure: means an installation or modification of an installation in a building that is primarily intended to reduce energy consumption or allow the use of a more cost-effective energy source. See California Public Resources Code 25470
• Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. ^{Source: OCC}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• executed: when used with respect to the documents filed pursuant to this code or pursuant to regulations adopted under this code, and presented to the Secretary of State, include a document bearing a signature under subdivision (a). See California Corporations Code 17.1
• Executive director: means the Executive Director of the California Educational Facilities Authority. See California Education Code 94157
• Expense of an emergency response: means reasonable costs incurred by a public agency in reasonably making an appropriate emergency response to the incident, but shall only include those costs directly arising because of the response to the particular incident. See California Government Code 53156
• Facility: means any major energy using system of an eligible institution whether or not housed in a building. See California Public Resources Code 25411
• Faculty and staff housing: means a residential unit owned by a participating college or participating nonprofit entity for use by an individual holding a faculty appointment or a staff position at a public university, public college, or participating college. See California Education Code 94110
• Farm: as used in this article , includes ranch, estate and villa. See California Business and Professions Code 14460
• farm labor vehicle: is a ny motor vehicle designed, used, or maintained for the transportation of nine or more farmworkers, in addition to the driver, to or from a place of employment or employment-related activities. See California Vehicle Code 322
• Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. ^{Source: OCC}
• Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
• Fiduciary: A trustee, executor, or administrator.
• Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. ^{Source: OCC}
• Financial and compliance audit: means an audit that complies with the financial and compliance audit requirements of the Standards for Audit of Governmental Organizations, Programs, Activities and Functions published by the United States General Accounting Office. See California Government Code 53131
• Financial institution: means a bank as defined under paragraph (4) of subdivision (b) of §. See California Education Code 94157
• Forbearance: A means of handling a delinquent loan. A
• Foreign limited liability partnership: means a partnership, other than a limited partnership, formed pursuant to an agreement governed by the laws of another jurisdiction and denominated or registered as a limited liability partnership or registered limited liability partnership under the laws of that jurisdiction (i) in which each partner is a licensed person or a person licensed or authorized to provide professional limited liability partnership services in a jurisdiction or jurisdictions other than this state, (ii) which is licensed under the laws of the state to engage in the practice of architecture, the practice of public accountancy, the practice of engineering, the practice of land surveying, or the practice of law, or (iii) which (I) is related to a registered limited liability partnership that practices public accountancy or, to the extent permitted by the State Bar of California, practices law or is related to a foreign limited liability partnership and (II) provides services related or complementary to the professional limited liability partnership services provided by, or provides services or facilities to, that registered limited liability partnership or foreign limited liability partnership. See California Corporations Code 16101
• Fund: means the Economic Recovery Fund created pursuant to Section 99060. See California Government Code 99051
• Fund: means the California Student Housing Revolving Loan Fund established by this chapter. See California Education Code 67329.2
• Fund: means the 1988 Higher Education Capital Outlay Bond Fund created pursuant to Section 67333. See California Education Code 67332
• Fund: means the Energy Efficient State Property Revolving Fund or the Energy Efficiency Retrofit State Revolving Fund. See California Public Resources Code 25470
• General public paratransit vehicle: means any motor vehicle designed for carrying no more than 24 persons and the driver, that provides local transportation to the general public, including transportation of pupils at or below the 12th-grade level to or from a public or private school or school activity, under the exclusive jurisdiction of a publicly owned and operated transit system through one of the following modes: dial-a-ride, subscription service, or route-deviated bus service. See California Vehicle Code 336
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Governing board: means board of school trustees, community college board of trustees, and city, and city and county board of education. See California Education Code 78
• governing boards: means the local boards of trustees and the Board of Governors of the California Community Colleges, the Trustees of the California State University, and the Regents of the University of California. See California Education Code 66011
• Grantor: The person who establishes a trust and places property into it.
• Hazardous material: includes explosives and hazardous wastes or substances as defined by regulations adopted pursuant to §. See California Vehicle Code 353
• Highway: is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. See California Vehicle Code 360
• highway: includes bridges, culverts, curbs, drains, and all works incidental to highway construction, improvement, and maintenance. See California Streets and Highways Code 23
• Hospital: means a public or nonprofit institution that is both of the following:

  California Public Resources Code 25411

• Identifiable writing: means any handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing, any form of communication or representation, including, but not limited to, letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored. See California Education Code 92951
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Independent public accountants: means a certified public accountant, or a public accountant who is licensed by the California Board of Accountancy who holds a valid permit to practice accountancy. See California Government Code 53131
• Intentionally wrongful conduct: means conduct intended to injure another person or property. See California Government Code 53156
• interested person: means an owner or any other person interested in any of the following:

  California Government Code 59380

• Issuer: means a city, county, city and county, school district, community college district, or special district, secured by the levy of ad valorem taxes, authorized to issue bonds pursuant to this article. See California Government Code 53507
• Item: means any goods and services, and includes coupon books which are to be used with businesses other than the seller's business. See California Business and Professions Code 17511.2
• legal owner: is a person holding a security interest in a vehicle which is subject to the provisions of the Uniform Commercial Code, or the lessor of a vehicle to the State or to any county, city, district, or political subdivision of the State, or to the United States, under a lease, lease-sale, or rental-purchase agreement which grants possession of the vehicle to the lessee for a period of 30 consecutive days or more. See California Vehicle Code 370
• Legislative body: means the governing body of the issuer. See California Government Code 53507
• Legislative body: means the legislative body, as defined in Section 53000, of the local agency. See California Government Code 53540
• Lender: means any person other than an automobile dealer or automobile distributor who is engaged in the business of financing the purchase or sale of motor vehicles or of buying conditional sales contracts, chattel mortgages or leases on motor vehicles sold at retail within this state. See California Business and Professions Code 18402
• Lessor: includes "bailor" and "lease" includes "bailment. See California Vehicle Code 372
• Licensed person: means any person who is duly licensed, authorized, or registered under the provisions of the Business and Professions Code to provide professional limited liability partnership services or who is lawfully able to render professional limited liability partnership services in this state. See California Corporations Code 16101
• Lighting equipment: is a ny of the following lamps or devices:

  California Vehicle Code 375

• Limousine: means any sedan or sport utility vehicle, of either standard or extended length, with a seating capacity of not more than 10 passengers including the driver, used in the transportation of passengers for hire on a prearranged basis within this state. See California Vehicle Code 378
• Local agency: means an agency of the state for the local performance of governmental or proprietary function within limited boundaries. See California Government Code 53090
• Local agency: means a city, county, city and county, special district, joint-powers agency, public corporation, nonprofit corporation, or any other agency that is eligible to receive federal block grant funds. See California Government Code 53131
• local agency: means county, city, city and county, public district or any public or municipal corporation, public agency or public authority. See California Government Code 53510
• local agency: means county, city, city and county, public district or any public or municipal corporation, public agency or public authority. See California Government Code 53520
• Local agency: means county, city, city and county, public district, public entity or authority, or other public or municipal corporation, including redevelopment agencies, housing authorities, and industrial development authorities. See California Government Code 53530
• Local agency: means county, city, city and county, public district, public entity or authority or other public or municipal corporation. See California Government Code 53540
• local agency: means county, city, city and county, including a chartered city or county, school district, community college district, public district, county board of education, county superintendent of schools, or any public or municipal corporation. See California Government Code 53600
• local agency: means city and any district other than school districts required by the Advisory Committee and the Controller to furnish financial reports pursuant to Section 12463. See California Government Code 53900
• Local agency: means city, county, or other public or municipal corporation. See California Government Code 53920
• Loss reserve account: means an account in the State Treasury or in any financial institution that is established and maintained by the authority for the benefit of a financial institution participating in the program for the purposes of any of the following:

  California Education Code 94157

• maintenance: includes any of the following:

  California Streets and Highways Code 27

• Maintenance facility or terminal: includes a private business or residence. See California Vehicle Code 34515
• Manufacturer: means (i) . See California Business and Professions Code 18402
• Modified limousine: means any vehicle that has been modified, altered, or extended in a manner that increases the overall wheelbase of the vehicle, exceeding the original equipment manufacturer's published wheelbase dimension for the base model and year of the vehicle, in any amount sufficient to accommodate additional passengers with a seating capacity of not more than 10 passengers including the driver, and is used in the transportation of passengers for hire. See California Vehicle Code 378
• month: means a calendar month, unless otherwise expressed. See California Civil Code 14
• motor vehicle: includes a recreational vehicle as that term is defined in subdivision (a) of §. See California Vehicle Code 415
• motortruck: is a motor vehicle designed, used, or maintained primarily for the transportation of property. See California Vehicle Code 410
• National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
• National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) ^{Source: OCC}
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Nominate: means the selection, at a state-conducted primary election, of candidates who are entitled by law to participate in the general election for that office, but does not mean any other lawful mechanism that a political party may adopt for the purposes of choosing the candidate who is preferred by the party for a nonpartisan or voter-nominated office. See California Elections Code 332.5
• Notice: includes all papers and orders required to be served in any proceedings before any court, board, or officer, or when required by law to be served independently of such proceeding. See California Government Code 26660
• Oath: A promise to tell the truth.
• official traffic control device: is a ny sign, signal, marking, or device, consistent with Section 21400, placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic, but does not include islands, curbs, traffic barriers, speed humps, speed bumps, or other roadway design features. See California Vehicle Code 440
• Operative date: means July 1, 1983. See California Code of Civil Procedure 694.010
• Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
• Organization: includes any lodge, order, beneficial association, fraternal or beneficial society or association, historical, military, or veterans organization, labor union, or any other similar society, organization, or association or degree, branch, subordinate lodge, or auxiliary thereof. See California Business and Professions Code 14492
• Oversight: Committee review of the activities of a Federal agency or program.
• owner: is a person having all the incidents of ownership, including the legal title of a vehicle whether or not such person lends, rents, or creates a security interest in the vehicle. See California Vehicle Code 460
• Owner: means a person who owns or controls 10 percent or more of the equity of, or otherwise has claim to 10 percent or more of the net income of, a telephonic seller. See California Business and Professions Code 17511.2
• paratransit vehicle: is a passenger vehicle, other than a bus, schoolbus, school pupil activity bus, youth bus, general public paratransit vehicle, or taxicab that is both of the following:

  California Vehicle Code 462

• participating college: means a private college that participates with the authority in undertaking the financing of working capital or the financing and construction or acquisition of a project and does not restrict the admission of a student based on the student's race or ethnicity, provided that the financing does not violate §. See California Education Code 94110
• Participating nonprofit entity: means an entity within the meaning of paragraph (3) of subsection (c) of Section 501 of Title 26 of the United States Code that, pursuant to this chapter for the purpose of owning student, faculty, or staff housing, as approved by, and for participation with, the authority, undertakes the financing and construction or acquisition of student, faculty, or staff housing, on real property owned or leased by the entity, for the benefit of a public college, public university, or participating private college. See California Education Code 94110
• Participating nonprofit entity: means an entity within the meaning of paragraph (3) of subsection (c) of Section 501 of Title 26 of the United States Code. See California Education Code 67329.2
• Partnership: means an association of two or more persons to carry on as coowners a business for profit formed under Section 16202, predecessor law, or comparable law of another jurisdiction, and includes, for all purposes of the laws of this state, a registered limited liability partnership, and excludes any partnership formed under Chapter 4. See California Corporations Code 16101
• Partnership agreement: means the agreement, whether written, oral, or implied, among the partners concerning the partnership, including amendments to the partnership agreement. See California Corporations Code 16101
• Party: means a political party or organization that has qualified for participation in any primary or presidential general election. See California Elections Code 338
• Person: as used in this article is limited to natural persons, notwithstanding the definition of person in Section 7025. See California Business and Professions Code 7150
• Person: means an individual, corporation, business trust, estate, trust, partnership, limited partnership, limited liability partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See California Corporations Code 16101
• person: includes firm, association, partnership, individual, limited liability company, and corporation. See California Business and Professions Code 1201
• Person: as used in this chapter includes an individual, a firm, partnership, corporation, limited liability company, association or other organization, or any combination thereof. See California Business and Professions Code 7025
• Person: means any individual, firm, corporation, partnership, limited liability company, association, trustee, receiver or assignee for the benefit of creditors. See California Business and Professions Code 18402
• Person: includes a natural person, firm, copartnership, association, limited liability company, or corporation. See California Vehicle Code 470
• Person: includes an individual, firm, association, corporation, partnership, joint venture, or any other business entity. See California Business and Professions Code 17511.2
• Person: means any person, firm, partnership, association, corporation, organization, limited liability company, or business trust. See California Streets and Highways Code 19
• Person: means any individual, partnership, association, corporation, limited liability company, or any organized group of persons whether incorporated or not. See California Food and Agricultural Code 38
• pickup truck: is a motor truck with a manufacturer's gross vehicle weight rating of less than 11,500 pounds, an unladen weight of less than 8,001 pounds, and which is equipped with an open box-type bed not exceeding 9 feet in length. See California Vehicle Code 471
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Precinct: means a geographical area within a county that is made up of voters and is formed pursuant to Chapter 3 (commencing with Section 12200) of Division 12. See California Elections Code 338.6
• President: means the President of the UC. See California Education Code 66046
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Primary election: includes all primary nominating elections provided for by this code. See California Elections Code 341
• Principal: means an owner, an executive officer of a corporation, a general partner of a partnership, a sole proprietor of a sole proprietorship, a trustee of a trust, or any other individual with similar supervisory functions with respect to any person. See California Business and Professions Code 17511.2
• Prior law: means the applicable law in effect on June 30, 1983. See California Code of Civil Procedure 694.010
• Private college: means an institution for higher education other than a public college, situated within the state and that, by virtue of law or charter, is a nonprofit private or independent degree-granting educational institution that is regionally accredited and empowered to provide a program of education beyond the high school level. See California Education Code 94110
• Private student loan: means a loan issued by a private lending institution for the costs of attendance at any public or private nonprofit college or university in the United States, notwithstanding the definitions in subdivisions (i), (k), and (l) of Section 94110. See California Education Code 94157
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Process: includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature. See California Government Code 22
• Process: signifies a writ or summons issued in the course of a judicial proceeding. See California Code of Civil Procedure 17
• Professional limited liability partnership services: means the practice of architecture, the practice of public accountancy, the practice of engineering, the practice of land surveying, or the practice of law. See California Corporations Code 16101
• Program: means the California Student Loan Refinancing Program created pursuant to this article. See California Education Code 94157
• Project: means a dormitory or an educational facility, faculty or staff housing, or any combination thereof, or any function concerning student loans, or interests in student loans, as determined by the authority. See California Education Code 94110
• Project: means a purpose for which an allocation may be requested and made under this chapter. See California Public Resources Code 25411
• Project: means a student housing project or a faculty and staff housing project. See California Education Code 67329.2
• Project: means a purpose for which an allocation may be requested and made under this chapter. See California Public Resources Code 25470
• Property: means all property, real, personal, or mixed, tangible or intangible, or any interest therein. See California Corporations Code 16101
• property: includes property real and personal. See California Civil Code 14
• Proposed doctoral program: means a proposed doctoral degree program at the CSU pursuant to this article. See California Education Code 66046
• prospective purchaser: means a person who is solicited to become or does become obligated to a telephonic seller. See California Business and Professions Code 17511.2
• Public agency: as used in this article , means the state, and any city, county, city and county, municipal corporation, public district, or public authority located in whole or in part within this state which provides or has authority to provide firefighting, police, ambulance, medical, or other emergency services. See California Government Code 53101
• Public agency: means the state and any city, county, municipal corporation, district, or public authority located, in whole or in part, within this state which provides or may provide firefighting, police, ambulance, medical, or other emergency services. See California Government Code 53156
• Public care institution: means a public or nonprofit institution that owns:

  California Public Resources Code 25411

• Public college: means a community college. See California Education Code 94110
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Public or nonprofit institution: means an institution owned and operated by:

  California Public Resources Code 25411

• Public safety agency: as used in this article , means a functional division of a public agency which provides firefighting, police, medical, or other emergency services. See California Government Code 53102
• Public university: means any campus of the University of California, the California State University, or the Hastings College of the Law. See California Education Code 94110
• purchase: include exchange, barter, gift, and offer of contract to sell or buy. See California Business and Professions Code 18402
• Qualified borrower: means an individual meeting all of the following requirements:

  California Education Code 94157

• Qualified loan: means a loan or a portion of a loan made by a financial institution to a qualified borrower to refinance a private student loan under the program. See California Education Code 94157
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Registered limited liability partnership: means a partnership, other than a limited partnership, formed pursuant to an agreement governed by Article 10 (commencing with Section 16951), that is registered under Section 16953 and (i) each of the partners of which is a licensed person or a person licensed or authorized to provide professional limited liability partnership services in a jurisdiction or jurisdictions other than this state, (ii) is licensed under the laws of the state to engage in the practice of architecture, the practice of public accountancy, the practice of engineering, the practice of land surveying, or the practice of law, or (iii)(I) is related to a registered limited liability partnership that practices public accountancy or, to the extent permitted by the State Bar of California, practices law or is related to a foreign limited liability partnership and (II) provides services related or complementary to the professional limited liability partnership services provided by, or provides services or facilities to, that registered limited liability partnership or foreign limited liability partnership. See California Corporations Code 16101
• registered owner: is a person registered by the department as the owner of a vehicle. See California Vehicle Code 505
• Registrant: means a person who files a brand under this article. See California Business and Professions Code 14425
• Registrant: means any person who files and publishes a name, mark or device under this article. See California Business and Professions Code 14480
• representative: is a ny person regularly employed by a manufacturer or distributor for the purpose of negotiating or promoting the sale of the manufacturer's or distributer's vehicles to their franchisees or for regularly supervising or contacting franchisees or prospective franchisees in this state for any purpose. See California Vehicle Code 512
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Resolution: means any resolution, trust agreement, indenture, certificate, or other instrument authorizing the issuance of bonds pursuant to this title and providing for their security and repayment. See California Government Code 99051
• Salesperson: means any individual employed, appointed or authorized by a telephonic seller, whether referred to by the telephonic seller as an agent, representative, or independent contractor, who attempts to solicit or solicits a sale on behalf of the telephonic seller. See California Business and Professions Code 17511.2
• School: means a public or nonprofit institution, including a local educational agency, which:

  California Public Resources Code 25411

• school pupil activity bus: is a ny motor vehicle, other than a schoolbus, operated by a common carrier, or by and under the exclusive jurisdiction of a publicly owned or operated transit system, or by a passenger charter-party carrier, used under a contractual agreement between a school and carrier to transport school pupils at or below the 12th-grade level to or from a public or private school activity, or used to transport pupils to or from residential schools, when the pupils are received and discharged at off-highway locations where a parent or adult designated by the parent is present to accept the pupil or place the pupil on the bus. See California Vehicle Code 546
• schoolbus: is a motor vehicle designed, used, or maintained for the transportation of any school pupil at or below the 12th grade level to or from a public or private school or to or from public or private school activities, except the following:

  California Vehicle Code 545

• Sell: includes offer for sale, expose for sale, possess for sale, exchange, barter, or trade. See California Food and Agricultural Code 44
• seller: means a person who, on their own behalf or through salespersons or through the use of an automatic dialing-announcing device, as defined in §. See California Business and Professions Code 17511.1
• Senior citizen: means an individual who is 65 years of age or older. See California Business and Professions Code 7150
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Sheriff: includes marshal. See California Code of Civil Procedure 17
• Signature: includes either of the following:

  California Elections Code 354.5

• Spouse: includes "registered domestic partner" as required by §. See California Code of Civil Procedure 17
• Spouse: includes "registered domestic partner" as required by §. See California Government Code 12.2
• State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States. See California Corporations Code 16101
• State agency: means a unit of state government, including any department, agency, board, or commission under the State of California. See California Public Resources Code 25470
• state board: whenever used in this code means the State Board of Education, unless the context requires otherwise. See California Education Code 88
• State department: means that state organization designated by law or agreement that allocates block grant funds to local agencies or is otherwise responsible for administering block grant funds. See California Government Code 53131
• State highway: means any highway which is acquired, laid out, constructed, improved or maintained as a State highway pursuant to constitutional or legislative authorization. See California Streets and Highways Code 24
• Statement: means a statement of partnership authority under Section 16303, a statement of denial under Section 16304, a statement of dissociation under Section 16704, a statement of dissolution under Section 16805, a statement of conversion or a certificate of conversion under Section 16906, a statement of merger under Section 16915, or an amendment or cancellation of any of the foregoing. See California Corporations Code 16101
• Student loan: means a loan having terms and conditions acceptable to the authority that is made to finance or refinance the costs of attendance at a private college or a public college and that is approved by the authority, if the loan is originated pursuant to a program that is approved by the authority. See California Education Code 94110
• Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Food and Agricultural Code 49
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• supervised financial institution: means any commercial bank, trust company, savings and loan association, credit union, industrial loan company, finance lender or broker, or insurer, provided that the institution is subject to supervision by an official or agency of this state or of the United States. See California Business and Professions Code 17511.1
• supplies: means containers, equipment or supplies bearing a brand. See California Business and Professions Code 14425
• Supplies: means supplies bearing a name, mark or device filed and published under this article. See California Business and Professions Code 14480
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
• terminal: means the location or locations in this state that are designated by a motor carrier, where subject vehicles may be inspected by the department and where vehicle maintenance and inspection records and drivers' records will be made available for inspection. See California Vehicle Code 34515
• Terminal: is a place where a vehicle of a type listed in Section 34500 is regularly garaged or maintained, or from which the vehicle is operated or dispatched. See California Vehicle Code 595
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Top administrative official: means the chancellor in the case of a campus of the University of California, the dean in the case of the Hastings College of the Law, the president in the case of a campus of the California State University, the president in the case of a campus of the California Community Colleges, or the president or highest ranking official in the case of a participating private college. See California Education Code 94110
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Tour bus: includes a bus described in subdivision (a) that has had its roof substantially structurally modified or removed. See California Vehicle Code 612
• traffic: includes pedestrians, ridden animals, vehicles, street cars, and other conveyances, either singly or together, while using any highway for purposes of travel. See California Vehicle Code 620
• trailer: includes a semitrailer when used in conjunction with an auxiliary dolly, if the auxiliary dolly is of a type constructed to replace the function of the drawbar and the front axle or axles of a trailer. See California Vehicle Code 630
• Transfer: includes an assignment, conveyance, lease, mortgage, deed, and encumbrance. See California Corporations Code 16101
• transporter: is a person engaged in the business of moving any owned or lawfully possessed vehicle by lawful methods over the highways for the purpose of delivery of such vehicles to dealers, sales agents of a manufacturer, purchasers, or to a new location as requested by the owner. See California Vehicle Code 645
• Tribal building: means a building that is owned, or primarily used, by a tribe located within or outside of Indian country, located in California, and primarily occupied by any of the following:

  California Public Resources Code 25411

• Tribe: means a California Native American tribe located in California that is on the contact list maintained by the Native American Heritage Commission for purposes of Chapter 905 of the Statutes of 2004. See California Public Resources Code 25411
• truck tractor: is a motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load, other than a part of the weight of the vehicle and the load so drawn. See California Vehicle Code 655
• Trustee: means the Treasurer or a bank or trust company within or without the state acting as trustee for any issue of bonds under this title and, if there is more than one issue of bonds, the term means the trustee for each issue of bonds, respectively. See California Government Code 99051
• Trustees: means the Trustees of the CSU. See California Education Code 66046
• Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on ^{Source: OCC}
• UC campus foundation: means the following corporations organized under the laws of the State of California: University of California, Berkeley Foundation, UC Davis Foundation, the University of California, Irvine Foundation, the UCLA Foundation, University of California, Merced Foundation, UC Riverside Foundation, U. See California Education Code 92951
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• Unit of local government: means a unit of general purpose government below the state, a special district, or any combination of that unit and special district formed for the joint exercise of power. See California Public Resources Code 25411
• University applicant: means a campus of the University of California or the California State University, the Office of the President of the University of California on behalf of one or more campuses of the University of California, or the Office of the Chancellor of the California State University on behalf of one or more campuses of the California State University. See California Education Code 67329.2
• vanpool vehicle: is a ny motor vehicle, other than a motortruck or truck tractor, designed for carrying more than 10 but not more than 15 persons including the driver, which is maintained and used primarily for the nonprofit work-related transportation of adults for the purposes of ridesharing. See California Vehicle Code 668
• vehicle: is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. See California Vehicle Code 670
• will: includes codicil. See California Civil Code 14
• Working capital: means maintenance or operation expenses or any other costs that would be treated as an expense item, under generally accepted accounting principles, in connection with the ownership or operation of an educational facility, faculty or staff housing, student housing, or any combination thereof, including, but not limited to, reserves for maintenance or operation expenses, interest on any loan for working capital made pursuant to this part, and reserves for debt service with respect to, and any costs necessary or incidental to, that financing. See California Education Code 94110
• youth bus: is a ny bus, other than a schoolbus, designed for and when actually carrying not more than 16 persons and the driver, used to transport children at or below the 12th-grade level directly from a public or private school to an organized nonschool-related youth activity within 25 miles of the school or directly from a location which provides the organized nonschool-related youth activity to a public or private school within 25 miles of that location. See California Vehicle Code 680