Terms Used In California Codes > Financial Code > Division 7 > Chapter 1 - General Provisions

• Agency: means the Labor and Workforce Development Agency. See California Labor Code 18.5
• agreement: means the total legal obligation that results from the parties' agreement as determined by this code and as supplemented by any other applicable laws. See California Commercial Code 1201
• Ammunition: means one or more loaded cartridges consisting of a primed case, propellant, and with one or more projectiles. See California Labor Code 9151
• Appeals board: means the Workers' Compensation Appeals Board. See California Labor Code 6101
• Appeals board: means the Occupational Safety and Health Appeals Board, within the department. See California Labor Code 6302
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• assessment level: means the estimated gross dollar amount received by assessment from all assessed businesses on an annual basis, and "assessment formula" means the allocation method used within each industry segment (for example, percentage of gross revenue or percentage of transaction charges). See California Government Code 13995.60
• Bailee: means a person that by a warehouse receipt, bill of lading, or other document of title acknowledges possession of goods and contracts to deliver them. See California Commercial Code 7102
• bait net: means a lampara or round haul type net, the mesh of which is constructed of twine not exceeding Standard No. See California Fish and Game Code 8780
• Bill of lading: means a document evidencing the receipt of goods for shipment issued by a person engaged in the business of transporting or forwarding goods. See California Commercial Code 1201
• Bird: means a wild bird or part of a wild bird. See California Fish and Game Code 22
• Blank: means a cartridge consisting of a primer cap, a shell case, and a quantity of gunpowder, but that does not contain a projectile. See California Labor Code 9151
• Board: means the Board of Psychology. See California Business and Professions Code 2902
• Bycatch: includes discards. See California Fish and Game Code 90.5
• Capital: as used in this division , consists of all of the following:

  California Financial Code 18018

• Capital Stock: as used in this division , means one-class voting common stock. See California Financial Code 18019
• Carrier: means a person that issues a bill of lading. See California Commercial Code 7102
• Chambers: A judge's office.
• Charges: as used in this division , include the aggregate interest, fees, bonuses, commissions, brokerage, discounts, expenses, and other forms of costs charged, contracted for, or received by an industrial loan company or any other person in connection with the investigating, arranging, negotiating, procuring, guaranteeing, making, servicing, collecting, or enforcing of a loan, or for forbearance of money, credit, goods, things in action, or any other service or services rendered. See California Financial Code 18007
• committee: means the California group composed of union, guild, and employer representatives that establishes safety guidelines for motion picture production and that meets regularly. See California Labor Code 9151
• company: as used in this division means a premium finance agency as defined in Section 18560. See California Financial Code 18003
• Consignee: means a person named in a bill of lading to which or to whose order the bill promises delivery. See California Commercial Code 7102
• Consignor: means a person named in a bill of lading as the person from which the goods have been received for shipment. See California Commercial Code 7102
• Continuance: Putting off of a hearing ot trial until a later time.
• Contractor: means any person who is a general building contractor within the meaning of §. See California Civil Code 1797.1
• County: includes "city and county. See California Labor Code 14
• County: includes "city and county. See California Code of Civil Procedure 17
• Creditor: includes a general creditor, a secured creditor, a lien creditor, and any representative of creditors, including an assignee for the benefit of creditors, a trustee in bankruptcy, a receiver in equity, and an executor or administrator of an insolvent debtor's or assignor's estate. See California Commercial Code 1201
• Dealer: means any person who is a dealer within the meaning of §. See California Civil Code 1797.1
• department: means State Department of Health Services. See California Health and Safety Code 20
• Department: means Department of Industrial Relations. See California Labor Code 19
• Department: means the Department of Industrial Relations. See California Labor Code 6302
• 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.
• Director: means "State Director of Health Services. See California Health and Safety Code 21
• Director: means Director of Industrial Relations. See California Labor Code 20
• directors: means natural persons, designated in the articles or bylaws or elected by the incorporators, and their successors and natural persons designated, elected, or appointed by any other name or title to act as members of the governing body of the corporation. See California Corporations Code 5047
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Division: means the Division of Occupational Safety and Health. See California Labor Code 9151
• Division: means the Division of Occupational Safety and Health. See California Labor Code 6302
• Document of title: includes a bill of lading, dock warrant, dock receipt, warehouse receipt, or order for the delivery of goods, and also any other document which in the regular course of business or financing is treated as adequately evidencing that the person in possession of it is entitled to receive, hold, and dispose of the document and the goods it covers. See California Commercial Code 1201
• effective date: means January 1, 1977. See California Corporations Code 2300
• Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See California Commercial Code 1201
• 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
• Employer: means an employer engaged in producing a motion picture production. See California Labor Code 9151
• Ex officio: Literally, by virtue of one's office.
• 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
• Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. ^{Source: OCC}
• Filming activities: includes principal photography and any subsequent filming, such as reshoots or additional scenes, as well as the construction and breakdown of sets and loading equipment, but does not include postproduction activity, including, but not limited to, editing, sound mixing, additional dialogue, or visual effects unrelated to reshoots. See California Labor Code 9151
• Firearm: means a device, designed to expel through a barrel a projectile by the force of an explosion or other form of combustion, including the frame or receiver of the device. See California Labor Code 9151
• Fishery: means both of the following:

  California Fish and Game Code 94

• Forbearance: A means of handling a delinquent loan. A
• Fund: means State Compensation Insurance Fund. See California Labor Code 6101
• Good faith: means honesty in fact and the observance of reasonable commercial standards of fair dealing. See California Commercial Code 7102
• Goods: means all things that are treated as movable for the purposes of a contract for storage or transportation. See California Commercial Code 7102
• Holder: means :

  California Commercial Code 1201

• Issuer: means a bailee that issues a document of title or, in the case of an unaccepted delivery order, the person that orders the possessor of goods to deliver. See California Commercial Code 7102
• Kelp: means kelp or other marine aquatic plants and the seeds thereof. See California Fish and Game Code 51
• Licensed psychologist: means an individual to whom a license has been issued pursuant to the provisions of this chapter, which license is in force and has not been suspended or revoked. See California Business and Professions Code 2902
• Limited life preferred: as used in this division , means preferred stock which has a maturity or which may be redeemed at the option of the holder. See California Financial Code 18018.5
• Mammal: means a wild or feral mammal or part of a wild or feral animal, but not a wild, feral, or undomesticated burro. See California Fish and Game Code 54
• Mandatory convertible debt: as used in this division , means a subordinated debt instrument which requires the issuer to convert that instrument into common or perpetual preferred stock by a date at or before the maturity of the debt instrument. See California Financial Code 18018.4
• Mile: means either a statute mile (5,280 feet) or a nautical mile (6,077 feet) depending on the application. See California Fish and Game Code 55
• Money: means a medium of exchange that is currently authorized or adopted by a domestic or foreign government. See California Commercial Code 1201
• Motion picture production: means the development or creation of motion pictures, television programs, streaming productions, commercial advertisements, music videos, or any other moving images, including, but not limited to, productions made for entertainment, commercial, religious, or educational purposes. See California Labor Code 9151
• 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
• Open season: means that period of time during which the taking of birds, mammals, fish, reptiles, or amphibians is allowed as prescribed in this code and regulations adopted by the commission. See California Fish and Game Code 62
• Outstanding loans and obligations: as used in this division , means total outstanding loans and obligations, including lease obligations, less unearned interest or charges, unearned discount, reserve or allowance for losses, and other applicable allowances or deductions as determined by regulation of the commissioner. See California Financial Code 18013
• Overfishing: means a rate or level of taking that the best available scientific information, and other relevant information that the commission or department possesses or receives, indicates is not sustainable or that jeopardizes the capacity of a marine fishery to produce the maximum sustainable yield on a continuing basis. See California Fish and Game Code 98
• Oversight: Committee review of the activities of a Federal agency or program.
• 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
• Perpetual preferred stock: as used in this division , means a preferred stock that does not have a stated maturity date or that can not be redeemed at the option of the holder. See California Financial Code 18018.3
• Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See California Commercial Code 1201
• Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Labor Code 18
• Person: includes a corporation as well as a natural person. See California Code of Civil Procedure 17
• Person: includes any person, firm, partnership, association, corporation, company, limited liability company, syndicate, estate, trust, business trust, or organization of any kind. See California Financial Code 18
• Pilot program: means the Safety on Productions Pilot Program established in Sections 9152 and 9152. See California Labor Code 9151
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Primary capital: as used in this division , means the sum of common stock, perpetual preferred stock, capital surplus, undivided profits, capital reserves, and mandatory convertible debt (to the extent of 20 percent of primary capital exclusive of that debt). See California Financial Code 18018.1
• Principal amount: as used in this division , means the net amount of money, credit, goods, or things in action received by the debtor or borrower or disbursed on the borrower's instructions at the time of entering into the transaction. See California Financial Code 18009
• prior law: means the applicable law as in effect prior to January 1, 1977. See California Corporations Code 2300
• Probate: Proving a will
• Process: signifies a writ or summons issued in the course of a judicial proceeding. See California Code of Civil Procedure 17
• Property: includes both personal and real property. See California Code of Civil Procedure 17
• Purchaser: means a person that takes by purchase. See California Commercial Code 1201
• Quorum: The number of legislators that must be present to do business.
• Recess: A temporary interruption of the legislative business.
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See California Commercial Code 1201
• 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).
• Right: includes remedy. See California Commercial Code 1201
• 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}
• Risk assessment: is a detailed written review of a script and production plan prepared in accordance with Section 9152. See California Labor Code 9151
• Safety advisor: means a person who works in tandem with, but independent of, performers and crew and who is not employed for any other role on the motion picture production. See California Labor Code 9151
• Secretary: means the Secretary of Food and Agriculture. See California Food and Agricultural Code 35
• Security interest: includes any interest of a consignor and a buyer of accounts, chattel paper, a payment intangible, or a promissory note in a transaction that is subject to Division 9 (commencing with Section 9101). See California Commercial Code 1201
• Serious injury or illness: means any injury or illness occurring in a place of employment or in connection with any employment that requires inpatient hospitalization, for other than medical observation or diagnostic testing, or in which an employee suffers an amputation, the loss of an eye, or any serious degree of permanent disfigurement, but does not include any injury or illness or death caused by an accident on a public street or highway, unless the accident occurred in a construction zone. See California Labor Code 6302
• Service of process: The service of writs or summonses to the appropriate party.
• Sheriff: includes marshal. See California Code of Civil Procedure 17
• Shipper: means a person that enters into a contract of transportation with a carrier. See California Commercial Code 7102
• 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
• Specific risk assessment: means a risk assessment for identified high-risk activities or situations prepared in accordance with Section 9152. See California Labor Code 9151
• Spouse: includes "registered domestic partner" as required by §. See California Code of Civil Procedure 17
• Standards board: means the Occupational Safety and Health Standards Board, within the department. See California Labor Code 6302
• State: includes the District of Columbia and the territories when applied to the different parts of the United States, and the words "United States" may include the district and territories. See California Code of Civil Procedure 17
• State agency: means any agency, department, division, commission, board, bureau, officer, or other authority of the State of California. See California Labor Code 6101
• Subordinated notes and debentures: as used in this division , means an obligation other than an investment certificate obligation that:

  California Financial Code 18018.6

• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Verdict: The decision of a petit jury or a judge.
• Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
• Violation: includes a failure to comply with any requirement of the code. See California Labor Code 22
• Voir dire: The process by which judges and lawyers select a petit jury from among those eligible to serve, by questioning them to determine knowledge of the facts of the case and a willingness to decide the case only on the evidence presented in court. "Voir dire" is a phrase meaning "to speak the truth."
• Warehouse: means a person engaged in the business of storing goods for hire. See California Commercial Code 7102
• Warehouse receipt: means a receipt issued by a person engaged in the business of storing goods for hire. See California Commercial Code 1201
• Will: includes codicil. See California Code of Civil Procedure 17
• Writ: means an order or precept in writing, issued in the name of the people, or of a court or judicial officer. See California Code of Civil Procedure 17
• Writing: includes printing and typewriting. See California Code of Civil Procedure 17
• Writing: includes any form of recorded message capable of comprehension by ordinary visual means. See California Financial Code 8