Chapter 1 General Provisions and Definitions
Chapter 2 Organization and Bylaws
Chapter 3 Directors and Management
Chapter 4 Shares and Share Certificates
Chapter 5 Dividends and Reacquisitions of Shares
Chapter 6 Shareholders’ Meetings and Consents
Chapter 7 Voting of Shares
Chapter 8 Shareholder Derivative Actions
Chapter 9 Amendment of Articles
Chapter 10 Sales of Assets
Chapter 11 Merger
Chapter 11.5 Conversions
Chapter 12 Reorganizations
Chapter 13 Dissenters’ Rights
Chapter 14 Bankruptcy Reorganizations and Arrangements
Chapter 15 Records and Reports
Chapter 16 Rights of Inspection
Chapter 17 Service of Process
Chapter 18 Involuntary Dissolution
Chapter 19 Voluntary Dissolution
Chapter 20 General Provisions Relating to Dissolution
Chapter 21 Foreign Corporations
Chapter 22 Crimes and Penalties
Chapter 22.5 Victims of Corporate Fraud Compensation Fund
Chapter 23 Transition Provisions

Terms Used In California Codes > Corporations Code > Title 1 > Division 1 - GENERAL CORPORATION LAW

  • Accommodation: means any apartment, condominium or cooperative unit, cabin, lodge, hotel or motel room, or other private or commercial structure containing toilet facilities therein that is designed and available, pursuant to applicable law, for use and occupancy as a residence by one or more individuals, or any unit or berth on a commercial passenger ship, which is included in the offering of a time-share plan. See California Business and Professions Code 11212
  • Account: means the Dentally Underserved Account established in Section 1973, which is contained within the fund. See California Business and Professions Code 1971
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Acupuncture: means the stimulation of a certain point or points on or near the surface of the body by the insertion of needles to prevent or modify the perception of pain or to normalize physiological functions, including pain control for the treatment of certain diseases or dysfunctions of the body, and includes the techniques of electroacupuncture, cupping, and moxibustion. See California Business and Professions Code 4927
  • Acupuncturist: means an individual to whom a license has been issued to practice acupuncture pursuant to this chapter, which is in effect and is not suspended or revoked. See California Business and Professions Code 4927
  • Additional place of practice: as used in this article , means any place of practice that increases the number of places of practice of the applicant, and includes an additional office that the applicant proposes to originally establish, either individually or in association with another, as well as an established place of practice that the applicant acquires or proposes to acquire, in whole or in part, by purchase, repossession, reassignment, gift, devise, bequest, or operation of law, except as otherwise provided in this article. See California Business and Professions Code 1658.2
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Admissions data: means information from the most recently enrolled fall semester class including the total number of applications, the total number of accepted students, and the 75th, 50th, and 25th percentile scores for the undergraduate grade point averages and law school admission test scores of admitted students. See California Education Code 67102
  • Adult patient: means a dental patient 13 years of age or older. See California Business and Professions Code 1647.18
  • Advanced transportation technologies: means emerging commercially competitive transportation-related technologies identified by the authority as capable of creating long-term, high-value-added jobs for Californians while enhancing the state's commitment to energy conservation, pollution and greenhouse gas emissions reduction, and transportation efficiency. See California Public Resources Code 26003
  • Advertising: as used in this chapter , includes, but is not limited to, any public communication as defined in subdivision (a) of Section 651, the issuance of any card, sign, or device to any person, or the causing, permitting, or allowing of any sign or marking on, or in, any building or structure, or in any newspaper, magazine, or directory, or any printed matter whatsoever, with or without any limiting qualification. See California Business and Professions Code 4989.49
  • Advertising medium: includes banner, sign, placard, poster, streamer, and card. See California Business and Professions Code 13400
  • 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.
  • Advisory Council: means the Dispute Resolution Advisory Council. See California Business and Professions Code 466
  • 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.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agent: means a person who was an officer or director of a corporation, as defined in subdivision (e), at the time the fraudulent acts occurred, was named in a final criminal restitution order in connection with the fraudulent acts, and was acting in the person's capacity as the corporation's officer or director when committing the fraudulent acts. See California Corporations Code 2281
  • Aide: means an individual who provides supportive services to an occupational therapist or occupational therapy assistant and who is trained by an occupational therapist or occupational therapy assistant to perform, under appropriate supervision, delegated, selected client and nonclient-related tasks for which the aide has demonstrated competency. See California Business and Professions Code 2570.2
  • Alternative sources: means devices or technologies used for a renewable electrical generation facility, as defined in paragraph (1) of subdivision (a) of Section 25741, a combined heat and power system, as defined in Section 2840. See California Public Resources Code 26003
  • 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.
  • Amortization: Paying off a loan by regular installments.
  • 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.
  • antiknock index number: when used in this chapter, means that number assigned to a spark-ignition engine fuel that designates the antiknock quality. See California Business and Professions Code 13400
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Application: means a request for payment from the fund submitted to the Secretary of State pursuant to this chapter. See California Corporations Code 2281
  • application: includes the original documents or writings filed and any other supporting documents or writings including supporting documents provided or filed contemporaneously, or later, in support of the application whether provided or filed by the applicant or by any other person in support of the application. See California Business and Professions Code 478
  • Apportionment: means an apportionment made under this article, and unless the context otherwise requires, it shall be deemed to include funds of a district required by the board to be contributed toward the cost of a project. See California Education Code 16314
  • Appraisal: A determination of property value.
  • arts: includes , but is not limited to, all of the following: dance. See California Education Code 8951
  • assessed value: means 25 percent of full value to, and including, the 1980-81 fiscal year, and 100 percent of full value for the 1981-82 fiscal year and fiscal years thereafter. See California Government Code 25
  • Assessment: means the share of funds required for the payment of common expenses that is assessed from time to time against each purchaser by the managing entity. See California Business and Professions Code 11212
  • assessment: as used in this chapter , shall have the same meaning as the term "evaluation" in the Individuals with Disabilities Education Act, as provided in Section 1414 of Title 20 of the United States Code. See California Education Code 56302.5
  • 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
  • Association: means the Occupational Therapy Association of California or a similarly constituted organization representing occupational therapists in this state. See California Business and Professions Code 2570.2
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Authority: means the California Alternative Energy and Advanced Transportation Financing Authority established pursuant to Section 26004, and any board, commission, department, or officer succeeding to the functions of the authority, or to which the powers conferred upon the authority by this division shall be given. See California Public Resources Code 26003
  • award: as used in this chapter , may include, but is not limited to, contracts, grants, interagency agreements, loans, and other financial agreements designed to fund public interest research, demonstration, and development projects or programs. See California Public Resources Code 25620.1
  • ballot: means any of the following:

    California Elections Code 301

  • Bar passage data: means the most current cumulative bar pass rates defined and reported by the examining committee of the State Bar. See California Education Code 67102
  • Basic system: as used in this article , means a telephone service which automatically connects a person dialing the digits "911" to an established public safety answering point through normal telephone service facilities. See California Government Code 53107
  • 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: means the State Mining and Geology Board. See California Public Resources Code 2693
  • Board: means the State Allocation Board as defined in Article 1 (commencing with Section 16000) of this chapter. See California Education Code 16314
  • Board: means the State Public Works Board. See California Education Code 67352
  • Board: as used in this chapter , means the Board of Vocational Nursing and Psychiatric Technicians of the State of California. See California Business and Professions Code 4501
  • Board: means the Veterinary Medical Board. See California Business and Professions Code 4810
  • Board: means the Acupuncture Board. See California Business and Professions Code 4927
  • Board: as used in this chapter , Chapter 13 (commencing with Section 4980), Chapter 13. See California Business and Professions Code 4990.02
  • Board: means the Dental Board of California. See California Business and Professions Code 1971
  • Board: means the state board, department, or agency authorized by that act to request the committee to cause bonds to be issued for the purpose of creating a fund that is to be expended by the board for the purposes specified in that act. See California Government Code 16722
  • board: as used in this chapter means the Medical Board of California. See California Business and Professions Code 2002
  • Board: includes "bureau" "commission" "committee" "department" "division" "examining committee" "program" and "agency. See California Business and Professions Code 477
  • Board: as used in this chapter , includes a board, advisory board, commission, examining committee, committee or other similarly constituted body exercising powers under this code. See California Business and Professions Code 452
  • Board: means the California Board of Occupational Therapy. See California Business and Professions Code 2570.2
  • Board of Governors: means the Board of Governors of the California Community Colleges. See California Education Code 52651
  • Bond: means a state general obligation bond issued pursuant to an act adopting the provisions of this chapter. See California Government Code 16722
  • Bond act: means the act authorizing the issuance of state general obligation bonds and adopting this chapter by reference. See California Government Code 16722
  • Building ordinances: means ordinances of a county or city regulating building and construction and removal of buildings, including ordinances relating to the matters set forth in Section 38660 and similar matters, and including ordinances relating to building permits and building inspection. See California Government Code 53090
  • business opportunity: shall include the sale or lease of the business and goodwill of an existing business enterprise or opportunity. See California Business and Professions Code 10030
  • candidate: includes any officeholder who is subject to a recall election. See California Elections Code 305
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • 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.
  • certificate: as used in this chapter are deemed to be synonomous. See California Business and Professions Code 2040
  • Certification: means the issuance of a certificate to a dentist licensed by the board who provides the board with his or her name, and the location where the administration of oral conscious sedation will occur, and fulfills the requirements specified in Sections 1647. See California Business and Professions Code 1647.10
  • Certification: means the issuance of a certificate to a dentist licensed by the board who provides the board with his or her name and the location at which the administration of oral conscious sedation will occur, and fulfills the requirements specified in Sections 1647. See California Business and Professions Code 1647.18
  • Certified interior designer: means a person who prepares and submits nonstructural or nonseismic plans consistent with Sections 5805 and 5538 to local building departments that are of sufficient complexity so as to require the skills of a licensed contractor to implement them, and who engages in programming, planning, designing, and documenting the construction and installation of nonstructural or nonseismic elements, finishes and furnishings within the interior spaces of a building, and has demonstrated by means of education, experience and examination, the competency to protect and enhance the health, safety, and welfare of the public. See California Business and Professions Code 5800
  • Chancellor: means the Chancellor of the California Community Colleges. See California Education Code 52651
  • Child development program: means a full-day or part-day comprehensive developmental program for children ages 0 to 14 years that is administered by the State Department of Education. See California Education Code 8971
  • Claimant: means an aggrieved person who resides in the state at the time of the fraud and who submits an application pursuant to this chapter. See California Corporations Code 2281
  • Clerk: means the clerk of the supervising authority. See California Government Code 58004
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Commission: means the Seismic Safety Commission. See California Public Resources Code 2693
  • commission: means the Student Aid Commission created by this article. See California Education Code 69515
  • Commission: means the Seismic Safety Commission. See California Public Resources Code 2811
  • Commissioner: means any county agricultural commissioner. See California Food and Agricultural Code 26
  • Commissioner: means the Real Estate Commissioner. See California Business and Professions Code 11212
  • Committee: means the Higher Education Facilities Finance Committee created pursuant to Section 67353. See California Education Code 67332
  • Committee: means the Higher Education Facilities Finance Committee created pursuant to Section 67353. See California Education Code 67345.2
  • Committee: means the Higher Education Facilities Finance Committee created pursuant to Section 67353. See California Education Code 67358.2
  • Committee: means the Higher Education Facilities Finance Committee, created pursuant to Section 67353. See California Education Code 67352
  • Committee: means the finance committee or other body created by that act and authorized to cause bonds to be issued by the adoption of a resolution or resolutions. See California Government Code 16722
  • Committee: means the Pooled Money Investment Board. See California Government Code 17220
  • Community-based organizations: means public nonprofit benefit corporations of demonstrated effectiveness approved by the superintendent to provide educational services to eligible legalized persons. See California Education Code 52651
  • Complaint: means the facts of the underlying transaction upon which the criminal restitution order is based. See California Business and Professions Code 10471
  • Component site: means a specific geographic location where accommodations that are part of a multisite time-share plan are located. See California Business and Professions Code 11212
  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • Conference committee: A temporary, ad hoc panel composed of conferees from both chamber of a legislature which is formed for the purpose of reconciling differences in legislation that has passed both chambers. Conference committees are usually convened to resolve bicameral differences on major and controversial legislation.
  • conscientiously and in good faith: means that no party potentially liable to the claimant in the underlying transaction was intentionally and without good cause omitted from the complaint, that no party named in the complaint who otherwise reasonably appeared capable of responding in damages was dismissed from the complaint intentionally and without good cause, and that the claimant employed no other procedural means contrary to the diligent prosecution of the complaint in order to seek to qualify for the Consumer Recovery Account. See California Business and Professions Code 10471
  • Consumer: means any individual who seeks or acquires, by purchase or lease, any goods, services, money, or credit for personal, family, or household purposes. See California Business and Professions Code 302
  • Continuing competence: means a dynamic and multidimensional process in which the occupational therapist or occupational therapy assistant develops and maintains the knowledge, performance skills, interpersonal abilities, critical reasoning, and ethical reasoning skills necessary to perform current and future roles and responsibilities within the profession. See California Business and Professions Code 2570.2
  • Corporation: means a domestic corporation as defined by Section 162 or 2509 or a foreign corporation that is qualified to transact business in California pursuant to Section 2105. See California Corporations Code 2281
  • Council: as used in this chapter , means the Planning Advisory and Assistance Council established pursuant to subdivision (a) of Section 65040. See California Government Code 65028.1
  • county: includes the City and County of San Francisco. See California Public Resources Code 2693
  • Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
  • Currency: means any coined money, banknotes, or other paper money as are authorized by law which circulates from hand to hand as the medium of exchange. See California Business and Professions Code 22515
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defensible space: means the area adjacent to a structure or dwelling where wildfire prevention or protection practices are implemented to provide defense from an approaching wildfire or to minimize the spread of a structure fire to wildlands or surrounding areas. See California Government Code 51177
  • Dentally underserved area: means a geographic area eligible to be designated as having a shortage of dental professionals pursuant to Part I of Appendix B to Part 5 of Chapter 1 of Title 42 of the Code of Federal Regulations or an area of the state in which unmet priority needs for dentists exist as determined by the California Healthcare Workforce Policy Commission pursuant to Section 128224 of the Health and Safety Code. See California Business and Professions Code 1971
  • Dentally underserved population: means persons without dental insurance and persons eligible for Denti-Cal who are population groups described as having a shortage of dental care professionals in Part I of Appendix B to Part 5 of Chapter 1 of Title 42 of the Code of Federal Regulations. See California Business and Professions Code 1971
  • Department: means the State Department of Education. See California Education Code 52651
  • Department: means the "Department of Real Estate. See California Business and Professions Code 11212
  • Department: means the Department of Consumer Affairs. See California Business and Professions Code 302
  • department: whenever used in this code , unless the context otherwise requires, means the State Department of Education. See California Education Code 89
  • 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.
  • designated instruction and services: means "related services" as that term is defined in Section 1401(26) of Title 20 of the United States Code and Section 300. See California Education Code 56363
  • 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
  • Developmental engine fuel: means an engine fuel that does not meet standards established by this chapter but has characteristics that may lead to an improved fuel standard or the development of an alternative fuel standard. See California Business and Professions Code 13400
  • Diesel fuel: means any hydrocarbon oil meant for combustion in compression-ignition engines offered for sale that meets the standards for diesel fuel prescribed by this chapter. See California Business and Professions Code 13400
  • Director: means the Director of Education. See California Education Code 16314
  • Director: means the Director of the Department of Consumer Affairs. See California Business and Professions Code 302
  • Director: means the Director of Forestry and Fire Protection. See California Government Code 51177
  • disposition: means a voluntary transfer or assignment of any legal or equitable interest in a time-share plan, other than the transfer, assignment, or release of a security interest. See California Business and Professions Code 11212
  • Dispute resolution: includes , but is not limited to, mediation, conciliation, and arbitration. See California Business and Professions Code 466
  • dissenting shareholder: means the recordholder of dissenting shares and includes a transferee of record. See California Corporations Code 1300
  • dissenting shares: means shares to which all of the following apply:

    California Corporations Code 1300

  • District: means an elementary, high school, or unified school district. See California Education Code 16314
  • District: means a tax or assessment district. See California Government Code 58004
  • District: as used in this chapter , means a regional planning district created by the Office of Planning and Research pursuant to Section 65040. See California Government Code 65028.2
  • Division: as used in this article , means the Public Safety Communications Division within the Office of Emergency Services. See California Government Code 53108.5
  • Division: means the Division of Consumer Services. See California Business and Professions Code 302
  • Donor: The person who makes a gift.
  • Early primary program: means an integrated, experiential, and developmentally appropriate educational program for children in preschool, kindergarten, and grades 1 to 3, inclusive, that incorporates various instructional strategies and authentic assessment practices, including educationally appropriate curricula, heterogeneous groupings, active learning activities, oral language development, small group instruction, peer interaction, use of concrete manipulative materials in the classroom, planned articulation among preschool, kindergarten, and primary grades, and parent involvement and education. See California Education Code 8971
  • economic opportunity: means any of the following:

    California Government Code 52200.2

  • effective date: means January 1, 1977. See California Corporations Code 2300
  • Election: means any election including a primary that is provided for under this code. See California Elections Code 318
  • Elections official: means any of the following:

    California Elections Code 320

  • Electronic transmission by the corporation: 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 corporation, (2) posting on an electronic message board or network which the corporation 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 for communications under or pursuant to this code, 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 20
  • Electronic transmission to the corporation: means a communication (a) delivered by (1) facsimile telecommunication or electronic mail when directed to the facsimile number or electronic mail address, respectively, which the corporation has provided from time to time to shareholders or members and directors for sending communications to the corporation, (2) posting on an electronic message board or network which the corporation has designated for those communications, and which transmission shall be validly delivered upon the posting, or (3) other means of electronic communication, (b) as to which the corporation has placed in effect reasonable measures to verify that the sender is the shareholder or member (in person or by proxy) or director purporting to send the 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 21
  • eligible bank: means a state or national bank located in this state, selected by the Treasurer for the safekeeping of money belonging to or in the custody of the state, that has received an overall rating of not less than "satisfactory" in its most recent evaluation by the appropriate federal financial supervisory agency of the bank's record of meeting the credit needs of the state's communities, including low- and moderate-income neighborhoods, pursuant to Section 2906 of Title 12 of the United States Code. See California Government Code 16500
  • Eligible savings and loan association: means a state or federal savings association, as defined in Section 5102 of the Financial Code, located in this state, insured by the Federal Savings and Loan Insurance Corporation, and selected by the Treasurer for the safekeeping of money belonging to or in the custody of the state. See California Government Code 16600
  • Employment outcomes for graduates: means the results of a survey by the law school, taken three years after graduation, that breaks down the employment rate of graduates in each of the first three years after graduation, including the rate of employment of graduates in jobs where a juris doctor degree is required by the employer and the rate of employment of graduates in jobs where a juris doctor degree is an advantage in employment. See California Education Code 67102
  • Engine fuel: means any gasoline, diesel, or alternative fuel used for the generation of power in an internal combustion engine or fuel cell in a motor vehicle, or electrical power delivered conductively or inductively to an electric motor in electric or plug-in hybrid vehicles. See California Business and Professions Code 13400
  • Enrollment data: means information about the number of students who are admitted to the school per class per year for the past three years, the number of students who transfer to and from the school per class per year for the past three years, and the number of students who do not continue to attend the school each year for the past three years on either a voluntary or involuntary basis. See California Education Code 67102
  • 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
  • Examination: means an entry level examination for occupational therapists and occupational therapy assistants administered by the National Board for Certification in Occupational Therapy or by another nationally recognized credentialing body. See California Business and Professions Code 2570.2
  • 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
  • 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
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • 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
  • Final judgment: means a judgment, arbitration award, or criminal restitution order for which appeals have been exhausted or for which the period for appeal has expired, enforcement of which is not barred by the order of any court or by any statutory provision, which has not been nullified or rendered void by any court order or statutory provision, and for which the claimant has not otherwise been fully reimbursed. See California Corporations Code 2281
  • 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
  • fiscal agent: means any state fiscal agent selected and acting pursuant to Chapter 2 (commencing with Section 16670). See California Government Code 16650
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Foster family home: includes a small family home as defined in paragraph (6) of subdivision (a) of Section 1502 of the Health and Safety Code, a certified family home of a foster family agency as defined in Section 1506 of the Health and Safety Code, and a resource family as defined in Section 1517 of the Health and Safety Code and Section 16519. See California Education Code 56155.5
  • Fuel: means any combustible material, including petroleum-based products and wildland fuels. See California Government Code 51177
  • Fuel oil: means any product offered for sale that is burned in a furnace or boiler for the generation of heat and meets the standards prescribed for fuel oil by this chapter. See California Business and Professions Code 13400
  • Functional plan: as used in this chapter , means an intermediate- or short-range plan for the operation of a discrete function of state government. See California Government Code 65026
  • Fund: means the 1988 Higher Education Capital Outlay Bond Fund created pursuant to Section 67333. See California Education Code 67332
  • Fund: means the June 1990 Higher Education Capital Outlay Bond Fund created pursuant to Section 67346. See California Education Code 67345.2
  • Fund: means the 1992 Higher Education Capital Outlay Bond Fund created pursuant to Section 67358. See California Education Code 67358.2
  • Fund: means the Higher Education Capital Outlay Bond Fund, created pursuant to subdivision (e) of Section 67354. See California Education Code 67352
  • Fund: means the Victims of Corporate Fraud Compensation Fund created by Section 2280. See California Corporations Code 2281
  • Fund: means the State Dentistry Fund. See California Business and Professions Code 1971
  • Fund: means the fund created by that act, and into which the proceeds from the sale of the bonds are paid. See California Government Code 16722
  • 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
  • Gasoline: means a volatile mixture of liquid hydrocarbons, generally containing small amounts of additives, suitable for use as a fuel in a spark-ignition internal combustion engine. See California Business and Professions Code 13400
  • Geotechnical report: means a report prepared by a certified engineering geologist or a civil engineer practicing within the area of his or her competence, which identifies seismic hazards and recommends mitigation measures to reduce the risk of seismic hazard to acceptable levels. See California Public Resources Code 2693
  • Good standing: means that the person has a current, valid license to practice occupational therapy or assist in the practice of occupational therapy and has not been disciplined by the recognized professional licensing or standard-setting body within five years prior to application or renewal of the person's license. See California Business and Professions Code 2570.2
  • 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
  • Grant of an open-space easement: means a grant by an instrument whereby the owner relinquishes to the public, either in perpetuity or for a term of years, the right to construct improvements upon the land except as may be expressly reserved in the instrument and which contains a covenant with the city or county, running with the land, either in perpetuity or for a term of years, not to construct or permit the construction of any improvements, except as that right is expressly reserved in the instrument and except for public service facilities installed for the benefit of the land subject to any covenant or public service facilities installed pursuant to an authorization by the governing body of the city or county or the Public Utilities Commission. See California Government Code 51051
  • Grantor: The person who establishes a trust and places property into it.
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Immigrant: means a person who is a citizen of a country other than the United States and is eligible for education services in California or a naturalized United States citizen who is now residing in California. See California Education Code 52651
  • In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.
  • Incidental benefit: is a n accommodation, product, service, discount, or other benefit, other than an exchange program, that is offered to a prospective purchaser of a time-share interest prior to the end of the rescission period set forth in Section 11238, the continuing availability of which for the use and enjoyment of owners of time-share interests in the time-share plan is limited to a term of not more than three years, subject to renewal or extension. See California Business and Professions Code 11212
  • 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
  • initiative: means the California Initiative to Advance Precision Medicine established in Section 65057. See California Government Code 65056
  • Insurer: includes an insurance company and any person authorized to represent the insurer with respect to a claim. See California Business and Professions Code 9875
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Intentionally wrongful conduct: means conduct intended to injure another person or property. See California Government Code 53156
  • Inter vivos: Transfer of property from one living person to another living person.
  • 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
  • interested person: means an owner or any other person interested in any of the following:

    California Government Code 59380

  • interior design organization: means a nonprofit organization, exempt from taxation under Section 501(c)(3) of Title 26 of the United States Code, of certified interior designers whose governing board shall include representatives of the public, except that an organization that is not currently exempt under that section that submits an application to the Internal Revenue Service requesting an exemption under that section shall be eligible to be an interior design organization if it meets the requirements under that section within a reasonable period of time. See California Business and Professions Code 5800
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Judgment: means the criminal restitution order. See California Business and Professions Code 10471
  • Judgment debtor: means a corporation or agent against which a judgment, arbitration award, or criminal restitution order has been entered for conduct constituting intentional fraud. See California Corporations Code 2281
  • Judgment debtor: means any defendant who is the subject of the criminal restitution order. See California Business and Professions Code 10471
  • Juror: A person who is on the jury.
  • Kerosene: means a fuel offered for sale that meets the standards for kerosene prescribed in this chapter. See California Business and Professions Code 13400
  • Legacy: A gift of property made by will.
  • Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
  • Legislative body: means the board of supervisors of a county or city, or the governing board, by whatever name called, of a school district, district, municipal corporation, political subdivision, public corporation, or other public agency of the state. See California Government Code 53200
  • legislative body: means the board of supervisors in the case of a county or a city and county, the city council or board of trustees in the case of a city, and the board of directors or other governing body in the case of a district or other public agency, unless the context otherwise requires. See California Government Code 53000
  • Legislative body: as used in this division , means board of supervisors in the case of a county or city and county, and city council or board of trustees in the case of a city, unless the context otherwise requires. See California Government Code 50002
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • License: includes certificate, registration or other means to engage in a business or profession regulated by this code. See California Business and Professions Code 477
  • license: includes a license, limited permit, or any other authorization to engage in practice regulated by this chapter. See California Business and Professions Code 2570.26
  • Licensing board: means any board, as defined in Section 22, the State Bar of California, and the Department of Real Estate. See California Business and Professions Code 30
  • listing: as used in this part includes, but is not limited to:

    California Business and Professions Code 10027

  • 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 a county, city, school district, district, municipal corporation, political subdivision, public corporation, or other public agency of the state. See California Government Code 53200
  • Local agency: as used in this division means county, city, or city and county, unless the context otherwise requires. See California Government Code 50001
  • Local agency: means a city, county, city and county, or district responsible for fire protection within a very high fire hazard severity zone. See California Government Code 51177
  • local agency: means any city, county, or special district, or subdivision thereof, which is authorized to provide solid waste handling services. See California Public Resources Code 25741
  • Lubricant: means a lubricating oil or other substance that reduces friction and wear between moving parts within an engine and other motor vehicle components. See California Business and Professions Code 13400
  • Lubricating oil: means motor oil, engine lubricant, engine oil, lubricating axle oil, gear oil, or manual transmission fluid. See California Business and Professions Code 13400
  • 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
  • Manufacturer: means manufacturer, refiner, producer, or importer. See California Business and Professions Code 13400
  • material: includes a statement or omission substantially related to the qualifications, functions, or duties of the business or profession. See California Business and Professions Code 478
  • Medi-Cal threshold languages: means primary languages spoken by limited-English-proficient (LEP) population groups meeting a numeric threshold of 3,000 eligible LEP Medi-Cal beneficiaries residing in a county, 1,000 Medi-Cal eligible LEP beneficiaries residing in a single ZIP Code, or 1,500 LEP Medi-Cal beneficiaries residing in two contiguous ZIP Codes. See California Business and Professions Code 1971
  • minimal sedation: means a drug-induced state during which patients respond normally to verbal commands. See California Business and Professions Code 1647.30
  • Minor patient: means a dental patient under the age of 13 years. See California Business and Professions Code 1647.10
  • Mitigation: means those measures that are consistent with established practice and that will reduce seismic risk to acceptable levels. See California Public Resources Code 2693
  • moderate sedation: means a drug-induced depression of consciousness during which a patient responds purposefully to verbal commands, either alone or accompanied by light tactile stimulation, no interventions are required to maintain a patient's airway, spontaneous ventilation is adequate, and cardiovascular function is usually maintained. See California Business and Professions Code 1647.1
  • Money exchange house: means any individual or business engaged in the business of exchanging or dealing in the currency of the United States, Mexico, or any other country. See California Business and Professions Code 22515
  • month: means a calendar month, unless otherwise expressed. See California Civil Code 14
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Motor oil: means an oil that reduces friction and wear between the moving parts within an internal combustion engine and also serves as a coolant. See California Business and Professions Code 13400
  • Motor vehicle fuel: means "engine fuel" when that term is used in this chapter. See California Business and Professions Code 13400
  • Multidisciplinary committee: means the Veterinary Medicine Multidisciplinary Advisory Committee established pursuant to Section 4809. See California Business and Professions Code 4810
  • 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
  • new law: means this division of the Corporations Code as amended by act of the California Legislature, 1975-76 Regular Session, effective January 1, 1977, and as in effect on that date. See California Corporations Code 2300
  • 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
  • Occupational therapist: means an individual who meets the minimum education requirements specified in Section 2570. See California Business and Professions Code 2570.2
  • Occupational therapy: means the therapeutic use of purposeful and meaningful goal-directed activities (occupations) with individuals, groups, populations, or organizations, to support participation, performance, and function in roles and situations in home, school, workplace, community, and other settings. See California Business and Professions Code 2570.2
  • Occupational therapy assistant: means an individual who is licensed pursuant to the provisions of this chapter, who is in good standing as determined by the board, and based thereon, who is qualified to assist in the practice of occupational therapy under this chapter, and who works under the appropriate supervision of a licensed occupational therapist. See California Business and Professions Code 2570.2
  • Occupational therapy services: means the services of an occupational therapist or the services of an occupational therapy assistant under the appropriate supervision of an occupational therapist. See California Business and Professions Code 2570.2
  • Offer: means any inducement, solicitation, or other attempt, whether by marketing, advertisement, oral or written presentation, or any other means, to encourage a person to acquire a time-share interest in a time-share plan, other than as security for an obligation. See California Business and Professions Code 11212
  • Office: as used in this chapter means the Office of Planning and Research. See California Government Code 65025
  • office: means the Office of Emergency Services. See California Public Resources Code 2811
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Oral conscious sedation: means a minimally depressed level of consciousness produced by oral medication that retains the patient's ability to maintain independently and continuously an airway, and respond appropriately to physical stimulation or verbal command. See California Business and Professions Code 1647.10
  • Oral conscious sedation: means a minimally depressed level of consciousness produced by oral medication that retains the patient's ability to maintain independently and continuously an airway, and respond appropriately to physical stimulation or verbal command. See California Business and Professions Code 1647.18
  • Owner: means any lessee or trustee, if the expiration of the lease or trust occurs at a time later than the expiration of the easement or any extension thereof. See California Government Code 51051
  • Owner: includes joint owner, co-owner, guardian, executor, administrator, or other person holding property in trust under court appointment. See California Government Code 58004
  • Parkfield characteristic earthquake: means an earthquake that has, among other qualities, a magnitude between 5. See California Public Resources Code 2801
  • Parkfield prototype earthquake prediction system: means a dense cluster of instruments along the Parkfield section of the San Andreas fault which monitors earthquake activity, local distortion of the Earth's crust, strain levels, creep adjustments along the fault, and other phenomena which may be useful in making a short-term earthquake prediction. See California Public Resources Code 2801
  • Participating party: means a person, federal or state agency, department, board, authority, or commission, state or community college, or university, or a city or county, regional agency, public district, school district, or other political entity engaged in the business or operations in the state, whether organized for profit or not for profit, that applies for financial assistance from the authority for the purpose of implementing a project. See California Public Resources Code 26003
  • 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: 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: means an individual, partnership, corporation, limited liability company, association, or other group, however organized. See California Business and Professions Code 302
  • Person: means any individual, organization, or corporate body, except that only individuals may be licensed under this chapter. See California Business and Professions Code 4927
  • Person: means an individual, partnership, unincorporated organization, or corporation. See California Business and Professions Code 2570.2
  • Person: includes a corporation as well as a natural person. See California Corporations Code 18
  • 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
  • personal property: include money, goods, chattels, things in action, and evidences of debt. See California Civil Code 14
  • Physical agent modalities: means techniques that produce a response in soft tissue through the use of light, water, temperature, sound, or electricity. See California Business and Professions Code 2570.2
  • 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.
  • Polling place: means a location where a voter casts a ballot and includes the following terms, as applicable: poll, polling location, and vote center. See California Elections Code 338.5
  • Portfolio material: means a selection of representative samples of the child's performance within the program setting that may include, but not be limited to, teacher observations, work samples, developmental profiles, photographs, and audio or video recordings that present a picture of the child's progress over time. See California Education Code 8971
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Practice setting: means either of the following:

    California Business and Professions Code 1971

  • 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.
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Preparedness: means long-term preearthquake hazard mitigation, reconstruction, and recovery planning and preparation for emergency response. See California Public Resources Code 2811
  • President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
  • 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 act: means the law providing for the creation of a particular district or type of district. See California Government Code 58004
  • prior law: means the applicable law as in effect prior to January 1, 1977. See California Corporations Code 2300
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Process: includes all writs, warrants, summons, and orders of courts of justice, or judicial officers. See California Government Code 26660
  • 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
  • Program: means an entity that provides dispute resolution. See California Business and Professions Code 466
  • Program: means the California Dental Corps Loan Repayment Program. See California Business and Professions Code 1971
  • Project: means the purposes for which a district has applied for assistance in the rehabilitation or replacement of unsafe school facilities at a given attendance center. See California Education Code 16314
  • Project: means the work, improvement, or acquisition, or any combination thereof undertaken by a district. See California Government Code 58004
  • Project: means a land, building, improvement to the land or building, rehabilitation, work, property, or structure, real or personal, stationary or mobile, including, but not limited to, machinery and equipment utilized in the state, whether or not in existence or under construction, that utilizes, or is designed to utilize, an alternative source, or that is utilized for the design, technology transfer, manufacture, production, assembly, distribution, or service of advanced transportation technologies or alternative source components. See California Public Resources Code 26003
  • Project: as used in this chapter , means the California Science Project. See California Education Code 52955
  • project: means either of the following:

    California Public Resources Code 2621.6

  • Promotion: means a plan or device, including one involving the possibility of a prospective purchaser receiving a vacation, discount vacation, gift, or prize, used by a developer, or an agent, independent contractor, or employee of any of the same on behalf of the developer, in connection with the offering and sale of time-share interests in a time-share plan. See California Business and Professions Code 11212
  • Proxy voting: The practice of allowing a legislator to cast a vote in committee for an absent legislator.
  • psychiatric technician: means any person who, for compensation or personal profit, implements procedures and techniques that involve understanding of cause and effect and that are used in the care, treatment, and rehabilitation of mentally ill or emotionally disturbed persons, or persons with intellectual disabilities, and who has one or more of the following:

    California Business and Professions Code 4502

  • 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 defender: Represent defendants who can't afford an attorney in criminal matters.
  • 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 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
  • 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
  • Purchase contract: means a document pursuant to which a developer becomes legally obligated to sell, and a purchaser becomes legally obligated to buy, a time-share interest. See California Business and Professions Code 11212
  • Purchaser: means any person, other than a developer, who by means of a voluntary transfer for consideration acquires a legal or equitable interest in a time-share plan other than as security for an obligation. See California Business and Professions Code 11212
  • qualified trust company: means the trust department of any State or National bank in this State or a trust company authorized to act as such in this State. See California Government Code 16550
  • qualified trust company: means the trust department of any state or national bank in this state or a trust company authorized to act as such in this state. See California Government Code 16625
  • 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
  • Recovery Account: shall be deemed to refer to the Consumer Recovery Account. See California Business and Professions Code 10450.6
  • Referral method: as used in this article , means a telephone service which, upon the receipt of a telephone request for emergency services, provides the requesting party with the telephone number of the appropriate public safety agency or other provider of emergency services. See California Government Code 53106
  • Refunding warrants: refers to warrants drawn by the Controller on the General Fund pursuant to this article to provide funds for the payment of reimbursement warrants bearing a fixed maturity date or warrants issued pursuant to Section 17211. See California Government Code 17240
  • Regional occupational program: as used in this chapter , means a sequence of career technical or technical training programs that meet the criteria and standards of instructional programs in regional occupational centers and are conducted in a variety of physical facilities that are not necessarily situated in one single plant or site. See California Education Code 52303
  • Regulations: means the rules and regulations set forth in Division 20 (commencing with Section 2000) of Title 16 of the California Code of Regulations. See California Business and Professions Code 4810
  • Reimbursement warrants: refers to warrants drawn by the Controller on the General Fund pursuant to this article to reimburse the General Cash Revolving Fund for demands against the General Fund for which warrants were drawn against the General Cash Revolving Fund. See California Government Code 17240
  • related services: means transportation, and such developmental, corrective, and other supportive services (including speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, social work services, school nurse services designed to enable an individual with exceptional needs to receive a free appropriate public education as described in the individualized education program of the child, counseling services, including rehabilitation counseling, orientation, and mobility services, and medical services, except that such medical services shall be for diagnostic and evaluation purposes only) as may be required to assist an individual with exceptional needs to benefit from special education, and includes the early identification and assessment of disabling conditions in children. See California Education Code 56363
  • 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.
  • Renewable diesel fuel: means a diesel fuel derived from nonpetroleum renewable resources. See California Business and Professions Code 13400
  • Report: as used in this chapter , means the State Environmental Goals and Policy Report. See California Government Code 65027
  • Report: means the report entitled "Investing in Renewable Electricity Generation in California" (June 2001, Publication Number P500-00-022) submitted to the Governor and the Legislature by the commission. See California Public Resources Code 25741
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Requisite number of petitioners: means the number of qualified petitioners prescribed by the principal act. See California Government Code 58004
  • 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.
  • Reservation system: means the method, arrangement, or procedure by which a purchaser, in order to reserve the use or occupancy of any accommodation of a multisite time-share plan for one or more time-share periods, is required to compete with other purchasers in the same multisite time-share plan, regardless of whether the reservation system is operated and maintained by the multisite time-share plan managing entity, an exchange company, or any other person. See California Business and Professions Code 11212
  • Retail seller: means a "retail seller" as defined in Section 399. See California Public Resources Code 25741
  • Revenue: means all rents, receipts, purchase payments, loan repayments, and all other income or receipts derived by the authority from a project, or the sale, lease, or other disposition of alternative source or advanced transportation technology facilities, or the making of loans to finance alternative source or advanced transportation technology facilities, and any income or revenue derived from the investment of money in any fund or account of the authority. See California Public Resources Code 26003
  • Right of offset: Banks' legal right to seize funds that a guarantor or debtor may have on deposit to cover a loan in default. It is also known as the right of set-off. Source: OCC
  • Salesperson: when used without modification, means a person licensed as a salesperson under any of the provisions of this part. See California Business and Professions Code 10013
  • School district: includes county offices of education. See California Education Code 8971
  • 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.
  • Short-term prediction: means a prediction of an earthquake that is expected to occur within a few hours to a few weeks. See California Public Resources Code 2801
  • Signature: includes either of the following:

    California Elections Code 354.5

  • 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
  • SLIAG: means the State Legalization Impact-Assistance Grants as set forth in Section 204 of the Immigration Reform and Control Act of 1986, (Sec. See California Education Code 52651
  • Solar device: means the equipment associated with the collection, transfer, distribution, storage, and control of solar energy. See California Public Resources Code 25600
  • Solar energy system: means a solar energy device that has the primary purpose of providing for the collection and distribution of solar energy for the generation of electricity, that produces at least one kW, and not more than five MW, alternating current rated peak electricity, and that meets or exceeds the eligibility criteria established pursuant to Section 25782. See California Public Resources Code 25781
  • Special election: is a n election, the specific time for the holding of which is not prescribed by law. See California Elections Code 356
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Government Code 12.2
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Business and Professions Code 14.2
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Corporations Code 12.2
  • state agency: includes every state office, officer, department, division, bureau, board, and commission. See California Government Code 11000
  • State Clearinghouse: means the office of that name established by executive action of the Governor or any successor office designated by the Governor as the clearinghouse for information from the Office of Management and Budget in accordance with the Intergovernmental Cooperation Act of 1968 (P. See California Government Code 65040.10 v2
  • 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
  • Subdivision: means a subdivision of the section in which the term appears unless some other section is expressly mentioned. See California Corporations Code 10
  • Superintendent: means the Superintendent of Public Instruction. See California Education Code 52651
  • Supervising authority: means the board of supervisors of the county in which is situated all or most of the land in a district, or body authorized by law to initiate or hear proceedings for the creation of a district. See California Government Code 58004
  • Supervision: includes , but is not limited to, all of the following:

    California Business and Professions Code 4996.20 v2

  • supervision: means responsibility for, and control of, the quality of mental health and related services provided by the supervisee. See California Business and Professions Code 4999.46.1
  • Supervisor: as used in this chapter , means an individual who meets all of the following requirements:

    California Business and Professions Code 4996.20 v2

  • tax obligation: means the tax imposed under, or in accordance with, Part 1 (commencing with Section 6001), Part 1. See California Business and Professions Code 31
  • Tender: means a term of a bond that gives the holder the right to have the bond purchased from the holder at a predetermined price prior to maturity. See California Government Code 16722
  • Time-share instrument: means one or more documents, by whatever name denominated, creating or governing the operation of a time-share plan and includes the declaration dedicating accommodations to the time-share plan. See California Business and Professions Code 11212
  • 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
  • Time-share property: means one or more accommodations subject to the same time-share instrument, together with any other property or rights to property appurtenant to those accommodations. See California Business and Professions Code 11212
  • Town: includes "unincorporated town" and "village. See California Government Code 21
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • 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
  • Unapplied money: means money in the General Fund in the treasury for which outstanding warrants have not already been drawn and which would remain in the General Fund if all outstanding warrants theretofore drawn were paid. See California Government Code 17220
  • 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
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
  • Vegetation: means all plants, including trees, shrubs, grass, and perennial or annual plants. See California Government Code 51177
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Very high fire hazard severity zone: means an area designated by the director pursuant to Section 51178 that is not a state responsibility area. See California Government Code 51177
  • Voter: means any elector who is registered under this code. See California Elections Code 359
  • Wildfire: means an unplanned, unwanted wildland fire, including unauthorized human-caused fires, escaped wildland fire use events, escaped prescribed fire projects, and all other wildland fires where the objective is to extinguish the fire. See California Government Code 51177
  • will: includes codicil. See California Civil Code 14