Terms Used In California Codes > Business and Professions Code > Division 4 > Part 2 > Chapter 2 > Article 5 - Powers, Investigation, and Enforcement

• Act: means the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5). See California Public Resources Code 25470
• Administering agency: means any agency designated pursuant to §. See California Education Code 17210
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• 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.
• 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.
• Appraisal: A determination of property value.
• Association: means the organized body consisting of the purchasers of time-share interests in a time-share plan. See California Business and Professions Code 11212
• 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.
• Building: means any existing structure that includes a heating or cooling system, or both. See California Public Resources Code 25470
• Business: includes every trade, occupation, and profession. See California Corporations Code 16101
• City: includes "city and county" and "incorporated town" but does not include "unincorporated town" or "village. See California Government Code 20
• Commissioner: means the Real Estate Commissioner. See California Business and Professions Code 11212
• Continuance: Putting off of a hearing ot trial until a later time.
• County: includes city and county. See California Government Code 19
• County: includes "city and county. See California Public Resources Code 14
• Department: means the "Department of Real Estate. See California Business and Professions Code 11212
• 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
• Developer: means and includes any person who creates a time-share plan or is in the business of selling time-share interests, other than those employees or agents of the developer who sell time-share interests on the developer's behalf, or retains agents to do the same, or any person who succeeds to the interest of a developer by sale, lease, assignment, mortgage, or other transfer, but the term includes only those persons who offer time-share interests for disposition in the ordinary course of business. See California Business and Professions Code 11212
• 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
• 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
• 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
• Environmental assessor: means an environmental professional as defined in Section 312. See California Education Code 17210
• 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
• Executor: A male person named in a will to carry out the decedent
• Fund: means the Energy Efficient State Property Revolving Fund or the Energy Efficiency Retrofit State Revolving Fund. See California Public Resources Code 25470
• Handle: has the meaning the term is given in Article 1 (commencing with Section 25500) of Chapter 6. See California Education Code 17210
• Hazardous air emissions: means emissions into the ambient air of air contaminants that have been identified as a toxic air contaminant by the State Air Resources Board or by the air pollution control officer for the jurisdiction in which the project is located. See California Education Code 17210
• Hazardous material: has the meaning the term is given in subdivision (d) of §. See California Education Code 17210
• Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
• interested person: means an owner or any other person interested in any of the following:

  California Government Code 59380

• Managing entity: means the person who undertakes the duties, responsibilities, and obligations of the management of a time-share plan. See California Business and Professions Code 11212
• 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
• Oversight: Committee review of the activities of a Federal agency or program.
• 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
• Person: includes any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Government Code 17
• 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: means a natural person, corporation, limited liability company, partnership, joint venture, association, estate, trust, government, governmental subdivision or agency, or other legal entity, or any combination thereof. See California Business and Professions Code 11212
• Person: includes a corporation as well as a natural person. See California Corporations Code 18
• Phase I environmental assessment: means a preliminary assessment of a property to determine whether there has been or may have been a release of a hazardous material, or whether a naturally occurring hazardous material is present, based on reasonably available information about the property and the area in its vicinity. See California Education Code 17210
• Preliminary endangerment assessment: means an activity that is performed to determine whether current or past hazardous material management practices or waste management practices have resulted in a release or threatened release of hazardous materials, or whether naturally occurring hazardous materials are present, which pose a threat to children's health, children's learning abilities, public health, or the environment. See California Education Code 17210
• 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
• Proposed schoolsite: means real property acquired or to be acquired or proposed for use as a schoolsite, prior to its occupancy as a school. See California Education Code 17210
• Public report: means a preliminary public report, conditional public report, final public report, or other such disclosure document authorized for use in connection with the offering of time-share interests pursuant to this chapter. See California Business and Professions Code 11212
• 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
• Remedial action plan: means a plan approved by the Department of Toxic Substances Control pursuant to Article 12 (commencing with Section 79195) of Chapter 5 of Part 2 of Division 45 of . See California Education Code 17210
• 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.
• Signature: includes mark when the signer cannot write, such signer's name being written near the mark by a witness who writes his own name near the signer's name. See California Corporations Code 17
• Spouse: includes "registered domestic partner" as required by §. See California Government Code 12.2
• State: means the State of California, unless applied to the different parts of the United States. See California Government Code 18
• 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: means the State of California, unless applied to the different parts of the United States. See California Education Code 77
• State act: means the Carpenter-Presley-Tanner Hazardous Substance Account Act (Part 2 (commencing with Section 78000) of Division 45 of . See California Education Code 17210
• 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
• 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
• Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Government Code 10
• Time-share interest: means and includes either of the following:

  California Business and Professions Code 11212

• Time-share plan: means any arrangement, plan, scheme, or similar device, other than an exchange program, whether by membership agreement, sale, lease, deed, license, right to use agreement, or by any other means, whereby a purchaser, in exchange for consideration, receives ownership rights in or the right to use accommodations for a period of time less than a full year during any given year, on a recurring basis for more than one year, but not necessarily for consecutive years. See California Business and Professions Code 11212
• Transfer: includes an assignment, conveyance, lease, mortgage, deed, and encumbrance. See California Corporations Code 16101
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.