|§ 6701||Operation of State law|
|Subchapter I||State Regulation of Insurance|
|Subchapter II||Redomestication of Mutual Insurers|
|Subchapter III||National Association of Registered Agents and Brokers|
|Subchapter IV||Rental Car Agency Insurance Activities|
Terms Used In U.S. Code > Title 15 > Chapter 93
- Administrator: means the individual or organization designated by the Pacific Island Parties to act on their behalf under the Treaty and notified to the United States Government. See
- Administrator: means the Administrator of the Environmental Protection Agency. See 42 USC 7602
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- air pollutant: means any air pollution agent or combination of such agents, including any physical, chemical, biological, radioactive (including source material, special nuclear material, and byproduct material) substance or matter which is emitted into or otherwise enters the ambient air. See 42 USC 7602
- alternative trading system: means an organization, association, or group of persons that--
(A) is registered as a broker or dealer pursuant to section 15(b) of the Securities Exchange Act of 1934 [15 U. See 52 USC 21004
- 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.
- applicable implementation plan: means the portion (or portions) of the implementation plan, or most recent revision thereof, which has been approved under section 7410 of this title, or promulgated under section 7410(c) of this title, or promulgated or approved pursuant to regulations promulgated under section 7601(d) of this title and which implements the relevant requirements of this chapter. See 42 USC 7602
- applicable national law: means any provision of law of a Pacific Island Party which is described in paragraph 1(a) of Annex I of the Treaty. See
- Arrest: Taking physical custody of a person by lawful authority.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Authorized Officer: means any officer who is authorized by the Secretary, or the Secretary of the department in which the Coast Guard is operating, or the head of any Federal or State agency which has entered into an enforcement agreement with the Secretary under section 973h(a) of this title. See
- Authorized Party Officer: means any officer authorized by a Pacific Island Party to enforce the provisions of the Treaty. See
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- 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.
- Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
- Board: means the Board of Governors of the Federal Reserve System. See 52 USC 21004
- board of trade: means any organized exchange or other trading facility. See 52 USC 21004
- Closed Area: means any of the closed areas identified in Schedule 2 of Annex I of the Treaty. See
- Commission: means the Commodity Futures Trading Commission established under section 2(a)(2) of this title. See 52 USC 21004
- commodity: means wheat, cotton, rice, corn, oats, barley, rye, flaxseed, grain sorghums, mill feeds, butter, eggs, Solanum tuberosum (Irish potatoes), wool, wool tops, fats and oils (including lard, tallow, cottonseed oil, peanut oil, soybean oil, and all other fats and oils), cottonseed meal, cottonseed, peanuts, soybeans, soybean meal, livestock, livestock products, and frozen concentrated orange juice, and all other goods and articles, except onions (as provided by section 13-1 of this title) and motion picture box office receipts (or any index, measure, value, or data related to such receipts), and all services, rights, and interests (except motion picture box office receipts, or any index, measure, value or data related to such receipts) in which contracts for future delivery are presently or in the future dealt in. See 52 USC 21004
- commodity pool: means any investment trust, syndicate, or similar form of enterprise operated for the purpose of trading in commodity interests, including any--
(i) commodity for future delivery, security futures product, or swap. See 52 USC 21004
- commodity pool operator: means any person--
(i) engaged in a business that is of the nature of a commodity pool, investment trust, syndicate, or similar form of enterprise, and who, in connection therewith, solicits, accepts, or receives from others, funds, securities, or property, either directly or through capital contributions, the sale of stock or other forms of securities, or otherwise, for the purpose of trading in commodity interests, including any--
(I) commodity for future delivery, security futures product, or swap. See 52 USC 21004
- commodity trading advisor: means any person who--
(i) for compensation or profit, engages in the business of advising others, either directly or through publications, writings, or electronic media, as to the value of or the advisability of trading in--
(I) any contract of sale of a commodity for future delivery, security futures product, or swap. See 52 USC 21004
- 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.
- community development corporation: means a private, nonprofit corporation whose board of directors is comprised of business, civic and community leaders, and whose principal purpose includes the provision of low-income housing or community economic development projects that primarily benefit low-income individuals and communities. See 34 USC 12211
- contract of sale: includes sales, agreements of sale, and agreements to sell. See 52 USC 21004
- controlled substance: has the meaning given that term in section 802(6) of title 21. See 19 USC 1401
- Conviction: A judgement of guilt against a criminal defendant.
- cooperative association of producers: means any cooperative association, corporate, or otherwise, not less than 75 percent in good faith owned or controlled, directly or indirectly, by producers of agricultural products and otherwise complying with sections 291 and 292 of this title, including any organization acting for a group of such associations and owned or controlled by such associations, except that business done for or with the United States, or any agency thereof, shall not be considered either member or nonmember business in determining the compliance of any such association with this chapter. See 52 USC 21004
- county: includes a parish, or any other equivalent subdivision of a State or Territory of the United States. See 19 USC 2292
- day: means the time from eight o'clock antemeridian to five o'clock postmeridian. See 19 USC 1401
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- derivatives clearing organization: means a clearinghouse, clearing association, clearing corporation, or similar entity, facility, system, or organization that, with respect to an agreement, contract, or transaction--
(i) enables each party to the agreement, contract, or transaction to substitute, through novation or otherwise, the credit of the derivatives clearing organization for the credit of the parties. See 52 USC 21004
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- electronic trading facility: means a trading facility that--
(A) operates by means of an electronic or telecommunications network. See 52 USC 21004
- electronic transmission: means the transfer of data or information through an authorized electronic data interchange system consisting of, but not limited to, computer modems and computer networks. See 19 USC 1401
- Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
- Executor: A male person named in a will to carry out the decedent
- Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
- 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
- Felony: A crime carrying a penalty of more than a year in prison.
- Fiduciary: A trustee, executor, or administrator.
- financial institution: means --
(A) a corporation operating under the fifth undesignated paragraph of section 25 of the Federal Reserve Act (12 U. See 52 USC 21004
- fishing: means --
- floor broker: means any person--
(i) who, in or surrounding any pit, ring, post, or other place provided by a contract market for the meeting of persons similarly engaged, shall purchase or sell for any other person--
(I) any commodity for future delivery, security futures product, or swap. See 52 USC 21004
- floor trader: means any person--
(i) who, in or surrounding any pit, ring, post, or other place provided by a contract market for the meeting of persons similarly engaged, purchases, or sells solely for such person's own account--
(I) any commodity for future delivery, security futures product, or swap. See 52 USC 21004
- foreign futures authority: means any foreign government, or any department, agency, governmental body, or regulatory organization empowered by a foreign government to administer or enforce a law, rule, or regulation as it relates to a futures or options matter, or any department or agency of a political subdivision of a foreign government empowered to administer or enforce a law, rule, or regulation as it relates to a futures or options matter. See 52 USC 21004
- Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
- Fraud: Intentional deception resulting in injury to another.
- Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
- futures commission merchant: means an individual, association, partnership, corporation, or trust--
(aa) engaged in soliciting or in accepting orders for--
(AA) the purchase or sale of a commodity for future delivery. See 52 USC 21004
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
- interstate commerce: means commerce--
(A) between any State, territory, or possession, or the District of Columbia, and any place outside thereof. See 52 USC 21004
- introducing broker: means any person (except an individual who elects to be and is registered as an associated person of a futures commission merchant)--
(I) is engaged in soliciting or in accepting orders for--
(aa) the purchase or sale of any commodity for future delivery, security futures product, or swap. See 52 USC 21004
- Joint resolution: A legislative measure which requires the approval of both chambers.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Licensing Area: means all waters in the Treaty Area except for--
- licensing period: means the period of validity of licenses issued in accordance with the Treaty. See
- Lien: A claim against real or personal property in satisfaction of a debt.
- Limited Area: means any area so identified in Schedule 3 of Annex I of the Treaty. See
- major swap participant: means any person who is not a swap dealer, and--
(i) maintains a substantial position in swaps for any of the major swap categories as determined by the Commission, excluding--
(I) positions held for hedging or mitigating commercial risk. See 52 USC 21004
- marriage: means only a legal union between one man and one woman as husband and wife, and the word "spouse" refers only to a person of the opposite sex who is a husband or a wife. See 19 USC 2296
- member: means , with respect to a registered entity or derivatives transaction execution facility, an individual, association, partnership, corporation, or trust--
(A) owning or holding membership in, or admitted to membership representation on, the registered entity or derivatives transaction execution facility. See 52 USC 21004
- merchandise: means goods, wares, and chattels of every description, and includes merchandise the importation of which is prohibited, and monetary instruments as defined in section 5312 of title 31. See 19 USC 1401
- Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- NAAQS: means national ambient air quality standard. See 42 USC 7602
- 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 Customs Automation Program: means the program established under section 1411 of this title. See 19 USC 1401
- 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.
- oath: includes affirmation, and "sworn" includes affirmed. See 19 USC 2291
- operator: means any person who is in charge of, directs or controls a vessel, including the owner, charterer, and master. See
- option: means an agreement, contract, or transaction that is of the character of, or is commonly known to the trade as, an "option" "privilege" "indemnity" "bid" "offer" "put" "call" "advance guaranty" or "decline guaranty". See 52 USC 21004
- Oversight: Committee review of the activities of a Federal agency or program.
- Pacific Island Party: means a Pacific Island nation which is a party to the Treaty. See
- Party: means a nation which is a party to the Treaty. See
- person: means any individual (whether or not a citizen or national of the United States), any corporation, partnership, association, or other entity (whether or not organized or existing under the laws of any State), and any Federal, State, local, or foreign government or any entity of any such government. See
- person: import s the plural or singular, and includes individuals, associations, partnerships, corporations, and trusts. See 52 USC 21004
- person: includes an individual, corporation, partnership, association, State, municipality, political subdivision of a State, and any agency, department, or instrumentality of the United States and any officer, agent, or employee thereof. See 42 USC 7602
- person: includes partnerships, associations, and corporations. See 19 USC 1401
- Personal property: All property that is not real property.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- prudential regulator: means --
(A) the Board in the case of a swap dealer, major swap participant, security-based swap dealer, or major security-based swap participant that is--
(i) a State-chartered bank that is a member of the Federal Reserve System. See 52 USC 21004
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- Quorum: The number of legislators that must be present to do business.
- registered entity: means --
(A) a board of trade designated as a contract market under section 7 of this title. See 52 USC 21004
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- 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.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Secretary: means the Secretary of the Treasury or his delegate. See 19 USC 1401
- Secretary: means the Secretary of Commerce, or the designee of the Secretary of Commerce. See
- Secretary: means the Secretary of the Treasury. See 52 USC 21004
- security: means a security as defined in section 2(a)(1) of the Securities Act of 1933 (15 U. See 52 USC 21004
- security futures product: means a security future or any put, call, straddle, option, or privilege on any security future. See 52 USC 21004
- security-based swap: has the meaning given the term in section 3(a) of the Securities Exchange Act of 1934 (15 U. See 52 USC 21004
- Service of process: The service of writs or summonses to the appropriate party.
- significant price discovery contract: means an agreement, contract, or transaction subject to section 2(h)(5) of this title. See 52 USC 21004
- State: means each of the several States, the District of Columbia, the Commonwealths of Puerto Rico and the Northern Mariana Islands, American Samoa, the Virgin Islands, Guam, and any other Commonwealth, territory, or possession of the United States. See
- State: means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa and includes the Commonwealth of the Northern Mariana Islands. See 42 USC 7602
- stationary source: means generally any source of an air pollutant except those emissions resulting directly from an internal combustion engine for transportation purposes or from a nonroad engine or nonroad vehicle as defined in section 7550 of this title. See 42 USC 7602
- Subpoena: A command to a witness to appear and give testimony.
- Summons: Another word for subpoena used by the criminal justice system.
- swap: includes a master agreement that provides for an agreement, contract, or transaction that is a swap under subparagraph (A), together with each supplement to any master agreement, without regard to whether the master agreement contains an agreement, contract, or transaction that is not a swap pursuant to subparagraph (A). See 52 USC 21004
- swap data repository: means any person that collects and maintains information or records with respect to transactions or positions in, or the terms and conditions of, swaps entered into by third parties for the purpose of providing a centralized recordkeeping facility for swaps. See 52 USC 21004
- swap dealer: means any person who--
(i) holds itself out as a dealer in swaps. See 52 USC 21004
- swap execution facility: means a trading system or platform in which multiple participants have the ability to execute or trade swaps by accepting bids and offers made by multiple participants in the facility or system, through any means of interstate commerce, including any trading facility, that--
(A) facilitates the execution of swaps between persons. See 52 USC 21004
- target area: means any area defined in an application for assistance under this part that has a population whose income does not exceed the median for the area within which the target area is located. See 34 USC 12211
- trading facility: means a person or group of persons that constitutes, maintains, or provides a physical or electronic facility or system in which multiple participants have the ability to execute or trade agreements, contracts, or transactions--
(i) by accepting bids or offers made by other participants that are open to multiple participants in the facility or system. See 52 USC 21004
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
- Treaty: means the Treaty on Fisheries Between the Governments of Certain Pacific Island States and the Government of the United States of America, signed in Port Moresby, Papua New Guinea, April 2, 1987, and its Annexes, Schedules, and implementing agreements. See
- Treaty Area: means the area so described in paragraph 1(k) of Article 1 of the Treaty. See
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Trustee: A person or institution holding and administering property in trust.
- United States: includes all Territories and possessions of the United States except the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, Johnston Island, and the island of Guam. See 19 USC 1401
- vehicle: includes every description of carriage or other artificial contrivance used, or capable of being used, as a means of transportation on land. See 19 USC 2294
- vehicle: includes every description of carriage or other contrivance used, or capable of being used, as a means of transportation on land, but does not include aircraft. See 19 USC 1401
- Venue: The geographical location in which a case is tried.
- vessel: means any boat, ship, or other craft which is used for, equipped to be used for, or of a type normally used for commercial fishing, and which is documented under the laws of the United States. See
- vessel: includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water. See 19 USC 2293
- VOC: means volatile organic compound, as defined by the Administrator. See 42 USC 7602
- whoever: include corporations, companies, associations, firms, partnerships, societies, and joint stock companies, as well as individuals. See 19 USC 2291
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.