Sections
Article 1 General Provisions 10-11251 – 10-11254

Terms Used In Arizona Laws > Title 10 > Chapter 35.1

  • Adulterated: means the existence of one or more of the conditions described in section 402 of the federal food, drug and cosmetic act, as amended (52 Stat. See Arizona Laws 3-601
  • Aftermarket crash part: means a replacement for any of the nonmechanical sheet metal or plastic parts which generally constitute the exterior of a motor vehicle, including the inner and outer panels. See Arizona Laws 44-1291
  • 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.
  • Articles of incorporation: means the original or restated articles of incorporation or articles of merger and all amendments to the articles of incorporation or merger and includes amended and restated articles of incorporation and articles of amendment and merger. See Arizona Laws 10-140
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Assets: means all real, personal, tangible and intangible property and rights in property, including cash, buildings, equipment, investments and contracts with other entities. See Arizona Laws 10-11251
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Board of directors: means the group of persons vested with the management of the affairs of the corporation irrespective of the name by which the group is designated and includes the governing body or bodies of a water users' association if the articles of incorporation of such water users' association provide for a governing body or bodies denominated other than as a board of directors. See Arizona Laws 10-140
  • Commission: means the Arizona corporation commission. See Arizona Laws 44-1801
  • Commission: means the Arizona corporation commission. See Arizona Laws 10-140
  • Community benefit assets: means every asset that has been used in connection with community benefit activity during the previous year. See Arizona Laws 10-11251
  • Community benefit organization: means a nonprofit charitable organization that is tax-exempt under section 501(c)(3) of the internal revenue code and whose mission is solely to engage in community benefit activities. See Arizona Laws 10-11251
  • Community benefit purposes: means those purposes for which an entity may qualify for exemption pursuant to section 501(c)(3) of the internal revenue code, or for similar activity engaged in by a for profit organization. See Arizona Laws 10-11251
  • Community health center: means a primary care facility that provides medical care in medically underserved areas as designated in section 36-2352 or in medically underserved areas or medically underserved populations as designated by the United States department of health and human services. See Arizona Laws 10-11251
  • Consumer: means a person who is solicited by a seller or solicitor. See Arizona Laws 44-1271
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Department: means the Arizona department of agriculture. See Arizona Laws 3-101
  • Director: means the director of the department. See Arizona Laws 3-101
  • Director: means the director of the securities division of the commission. See Arizona Laws 44-1801
  • 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
  • Employee: includes an officer but not a director. See Arizona Laws 10-140
  • Entity: includes a corporation, foreign corporation, not for profit corporation, profit and not for profit unincorporated association, nonprofit corporation, close corporation, corporation sole or limited liability company, a professional corporation, association or limited liability company, a business trust, estate, partnership, registered limited liability partnership, trust or joint venture, two or more persons having a joint or common economic interest, any person other than an individual and a state, the United States and a foreign government. See Arizona Laws 10-140
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Goods: means any merchandise, equipment, products, supplies or materials. See Arizona Laws 44-1271
  • Industrial account: means a person or business entity that files or is required to file monthly returns for that person's or entity's transaction privilege tax license or a governmental entity that sells lead acid batteries to an automotive recycler. See Arizona Laws 44-1321
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Installer: means an individual who actually does the work of replacing or repairing parts of a motor vehicle. See Arizona Laws 44-1291
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Issuer: means any person who issues or proposes to issue any security, except:

    (a) With respect to certificates of deposit, voting-trust certificates, collateral-trust certificates, certificates of interest or shares in an unincorporated investment trust, whether or not of the fixed, restricted management or unit type, issuer means the person or persons performing the acts and assuming the duties of depositor or manager pursuant to the provisions of the trust or other agreement or instrument under which such securities are issued. See Arizona Laws 44-1801

  • Lead acid battery: means a battery with a core of elemental lead and a capacity of six or more volts that is suitable for use in a vehicle or a boat. See Arizona Laws 44-1321
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Manager: means a person who supervises the work of a solicitor. See Arizona Laws 44-1271
  • Merchandise: means objects, wares, goods, commodities, intangibles, real estate, securities or services. See Arizona Laws 44-1271
  • Misbranded: means either:

    (a) The existence of one or more of the conditions described in section 403 of the federal food, drug and cosmetic act, as amended (52 Stat. See Arizona Laws 3-601

  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Motor vehicle: means any automobile, motorcycle, truck, trailer, semitrailer, truck tractor and semitrailer combination or other vehicle operated on the roads of this state, used to transport persons or property and propelled by power other than muscular power, but motor vehicle does not include traction engines, vehicles that run only on a track, bicycles or mopeds. See Arizona Laws 44-1301
  • Newspaper: has the meaning set forth in section 39-201. See Arizona Laws 10-140
  • Nonoriginal equipment manufacturer aftermarket crash part: means an aftermarket crash part which is not made for or by the manufacturer of the motor vehicle. See Arizona Laws 44-1291
  • Nonprofit health care entity: means a licensed hospital or community health center that holds tax-exempt status pursuant to section 501(c)(3) of the internal revenue code. See Arizona Laws 10-11251
  • Notice of completion: means the written notice that is sent by the hearing officer to the chairman of the corporation commission after the hearing officer holds a public hearing and files a summary report pursuant to section 10-11253. See Arizona Laws 10-11251
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Off road motor vehicle: means any automobile, motorcycle, truck, trailer, semitrailer, truck tractor and semitrailer combination, heavy equipment used in mining or metallurgical operations, agriculture, construction or earth moving, airplanes or other vehicles operated off the roads of this state, used to transport persons or property or used for agricultural, construction or earth moving activities and propelled by power other than muscular power, but off road motor vehicle does not include traction engines, vehicles that run only on a track, bicycles or mopeds. See Arizona Laws 44-1301
  • offer for sale: means an attempt or offer to dispose of, or solicitation of an order or offer to buy, a security or interest in a security for value or any sale or offer for sale of a warrant or right to subscribe to another security of the same issuer or of another issuer. See Arizona Laws 44-1801
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Peace officer: includes a law enforcement officer who is employed by the department of transportation. See Arizona Laws 44-1321
  • Person: means :

    (a) A natural person or the person's legal representative. See Arizona Laws 44-1271

  • Person: means any public or private corporation, company, partnership, firm, association or society of persons, the federal government and any of its departments or agencies, this state or any of its agencies, departments, political subdivisions, counties, towns or municipal corporations, as well as a natural person. See Arizona Laws 44-1301
  • Person: means an individual, corporation, partnership, association, joint stock company or trust, limited liability company, government or governmental subdivision or agency or any other unincorporated organization. See Arizona Laws 44-1801
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • Premium: means any gift, bonus, prize, award or other incentive or inducement to purchase merchandise. See Arizona Laws 44-1271
  • Principal: means an owner or an officer of a corporation or limited liability company, a general partner of a partnership, a sole proprietor of a sole proprietorship, a partner of a limited liability partnership, a trustee of a trust and any other individual who controls, manages or supervises a telephone sales operation. See Arizona Laws 44-1271
  • Prize: means anything offered or purportedly offered and given or purportedly given to a person by chance. See Arizona Laws 44-1271
  • Prize promotion: means a sweepstakes or other game of chance or an oral or written express or implied representation that a person has won, has been selected to receive or may be eligible to receive a prize or purported prize. See Arizona Laws 44-1271
  • Publish: means to publish in a newspaper of general circulation in the county of the known place of business for three consecutive publications. See Arizona Laws 10-140
  • Recovery service: means any business or other practice in which a person represents or implies that the person will recover or assist in recovering for a fee any amount of money that a consumer has provided to a seller pursuant to a telephone solicitation. See Arizona Laws 44-1271
  • Repair facility: means a motor vehicle dealer, garage, body shop or other commercial entity which undertakes the repair or replacement of those parts that generally constitute the exterior of a motor vehicle. See Arizona Laws 44-1291
  • Salesman: means an individual, other than a dealer, employed, appointed or authorized by a dealer to sell securities in this state. See Arizona Laws 44-1801
  • SEC: means the United States securities and exchange commission. See Arizona Laws 44-1801
  • sell: means a sale or any other disposition of a security or interest in a security for value and includes a contract to make such sale or disposition. See Arizona Laws 44-1801
  • Seller: means a person who, directly or through a solicitor, does any of the following:

    (a) Initiates telephone calls to provide or arrange to provide merchandise to consumers in exchange for payment. See Arizona Laws 44-1271

  • Service of process: The service of writs or summonses to the appropriate party.
  • Solicitor: means a person, other than a seller or employee of a seller, who uses a telephone to seek sales or rentals of merchandise on behalf of a seller or uses a telephone to verify sales or rentals for a seller. See Arizona Laws 44-1271
  • Subpoena: A command to a witness to appear and give testimony.
  • Subscriber: means a person who subscribes to residential telephone service from a local exchange company and any person who lives or subscribes with that person. See Arizona Laws 44-1271
  • subscription: includes a mark, if a person cannot write, with the person's name written near it and witnessed by a person who writes the person's own name as witness. See Arizona Laws 1-215
  • Telephone solicitation: means any voice communication from a live operator, announcing device or otherwise that offers merchandise for sale or rent and that is to or from a person located in this state. See Arizona Laws 44-1271
  • Trustee: A person or institution holding and administering property in trust.
  • United States: includes a district, authority, bureau, commission and department and any other agency of the United States. See Arizona Laws 10-140
  • Waste tire: means a motor vehicle tire that is no longer suitable for its original intended purpose because of wear, damage, improper repair or manufacturer's recall. See Arizona Laws 44-1301
  • Waste tire collection site: means a site where waste tires are collected before being offered for recycling or reuse and where more than five hundred tires are kept on site on any day. See Arizona Laws 44-1301
  • written: includes blockchain technology as defined in section 44-7061. See Arizona Laws 10-140