Terms Used In Louisiana Revised Statutes > Title 6 > Chapter 3 > Subchapter C > Part I - Conservatorships of State Banks

• Addictive disorder: is a primary, chronic neurobiologic disease with genetic, psychosocial, and environmental factors influencing its development and manifestations. See Louisiana Revised Statutes 28:2
• Adjusted risk-based capital report: means a risk-based capital report which has been adjusted by the commissioner in accordance with La. See Louisiana Revised Statutes 22:631
• administrator: means a person in charge of a treatment facility or his deputy. See Louisiana Revised Statutes 28:2
• advisory evacuation: means an evacuation that may be ordered when a disaster or emergency has been declared and evacuation is recommended due to the potential for rapidly changing conditions to develop into a serious threat and all persons in designated evacuation areas are recommended to consider relocating to safer locations for their own safety. See Louisiana Revised Statutes 29:723
• 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.
• Affiliate: means a person that directly or indirectly, through one or more intermediaries, controls, or is controlled by, or is under common control with, the person specified. See Louisiana Revised Statutes 22:691.2
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Arrest: Taking physical custody of a person by lawful authority.
• Articles: means the original articles of incorporation and all amendments thereto including those contained in merger agreements or, if restated, the latest restatement thereof except in those instances in which the context refers expressly to the original articles of incorporation only. See Louisiana Revised Statutes 6:201
• Assets: means all of a state bank's property and rights of every kind. See Louisiana Revised Statutes 6:201
• Authorized-control level risk-based capital: means the number determined under the risk-based capital formula in accordance with the risk-based capital instructions. See Louisiana Revised Statutes 22:631
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Behavioral health: is a term used to refer to both mental health and substance use. See Louisiana Revised Statutes 28:2
• Board: means the Louisiana Public Defender Board authorized to regulate public defender services. See Louisiana Revised Statutes 15:143
• Budget authority: Authority provided by law to enter into obligations that will result in outlays of Federal funds. Budget authority may be classified by the period of availability (one-year, multiyear, no-year), by the timing of congressional action (current or permanent), or by the manner of determining the amount available (definite or indefinite).
• Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
• 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.
• Commissioner: means the commissioner of insurance. See Louisiana Revised Statutes 22:631
• Commissioner: means the commissioner of insurance, the commissioner's deputies, or the Department of Insurance, as appropriate. See Louisiana Revised Statutes 22:691.2
• Community home: means a facility certified, licensed, or monitored by the Louisiana Department of Health to provide resident services and supervision to six or fewer persons who have mental illness or developmental disabilities. See Louisiana Revised Statutes 28:477
• Company-action level risk-based capital: means two hundred percent of a company's authorized control level risk-based capital. See Louisiana Revised Statutes 22:611
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conservator: means the commissioner or his designee. See Louisiana Revised Statutes 6:381
• Continuance: Putting off of a hearing ot trial until a later time.
• Conviction: A judgement of guilt against a criminal defendant.
• Corrective order: means an order issued by the department specifying corrective actions which are required. See Louisiana Revised Statutes 22:611
• Corrective order: means an order issued by the commissioner specifying corrective actions which the commissioner has determined are required. See Louisiana Revised Statutes 22:631
• Cost participation: means fees or other charges through which families share in the cost for early intervention services provided pursuant to the provisions of this Chapter. See Louisiana Revised Statutes 28:462
• Costs: includes any expense or expenditure directly or indirectly related to the sale of a good or provision of a service or the operation of the person's business. See Louisiana Revised Statutes 29:723
• Council: means the Louisiana State Interagency Coordinating Council for EarlySteps established pursuant to La. See Louisiana Revised Statutes 28:462
• Court: means any duly constituted district court or court having family or juvenile jurisdiction. See Louisiana Revised Statutes 28:2
• critical workforce: means public safety officials, disaster response personnel, and other such employees of federal, state, and local governmental agencies, or contractors of such agencies and specific private sector employees, possessing important skills and training in emergency mitigation, preparedness, response, and recovery as designated by the parish homeland security and emergency preparedness agency or in the absence of such designation by the parish homeland security and emergency preparedness agency, such designation by the Governor's Office of Homeland Security and Emergency Preparedness. See Louisiana Revised Statutes 29:723
• Cross examine: Questioning of a witness by the attorney for the other side.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Defense attorney: Represent defendants in criminal matters.
• Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 28:462
• Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 28:477
• Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 28:2
• Designated emergency area: means the specific area, which shall be limited to the actual affected local area or parish or parishes or such areas as designated in an executive order or proclamation of the governor or parish president. See Louisiana Revised Statutes 29:723
• Diagnosis: means the art and science of determining the presence of disease in an individual and distinguishing one disease from another. See Louisiana Revised Statutes 28:2
• Disaster: means the result of a natural or man-made event which causes loss of life, injury, and property damage, including but not limited to natural disasters such as hurricane, tornado, storm, flood, high winds, and other weather related events, forest and marsh fires, and man-made disasters, including but not limited to nuclear power plant incidents, hazardous materials incidents, oil spills, explosion, civil disturbances, public calamity, acts of terrorism, hostile military action, and other events related thereto. See Louisiana Revised Statutes 29:723
• Discharge: means the full or conditional release from a treatment facility of any person admitted or otherwise detained under this Chapter. See Louisiana Revised Statutes 28:2
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• District indigent defender fund: means the judicial district indigent defender fund as provided for in La. See Louisiana Revised Statutes 15:143
• District office: means the office of a district public defender as provided for in La. See Louisiana Revised Statutes 15:143
• Early intervention services: means developmental services that:

              (a) Are provided under public supervision. See Louisiana Revised Statutes 28:462

• Emergency: means :

              (a) The actual or threatened condition which has been or may be created by a disaster; or

              (b)(i) Any natural or man-made event which results in an interruption in the delivery of utility services to any consumer of such services and which affects the safety, health, or welfare of a Louisiana resident; or

              (ii) Any instance in which a utility's property is damaged and such damage creates a dangerous condition to the public. See Louisiana Revised Statutes 29:723

• Emergency preparedness: means the mitigation of, preparation for, response to, and the recovery from emergencies or disasters. See Louisiana Revised Statutes 29:723
• Enterprise risk: means any activity, circumstance, event, or series of events involving one or more affiliates of an insurer that, if not remedied promptly, is likely to have a material adverse effect upon the financial condition or liquidity of the insurer or its insurance holding company system as a whole, including but not limited to anything that would cause the insurer's risk-based capital to fall into company action level as set forth in La. See Louisiana Revised Statutes 22:691.2
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evacuation: means an operation whereby all or part of a particular population is temporarily relocated, whether individually or in an organized manner, from an area in which a disaster or emergency has been declared and is considered dangerous for health or safety of the public. See Louisiana Revised Statutes 29:723
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Executor: A male person named in a will to carry out the decedent
• 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: means the Board of Governors of the Federal Reserve System, as provided in 12 U. See Louisiana Revised Statutes 22:691.2
• 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}
• Fiduciary: A trustee, executor, or administrator.
• First responders: means the first arriving organized responders with the capability and mission to contain, mitigate, and resolve the emergency at hand, including but not limited to state agency essential workers. See Louisiana Revised Statutes 29:723
• Forbearance: A means of handling a delinquent loan. A
• Forced evacuation: means an evacuation that may be ordered as a last resort when a disaster or emergency has been declared and danger of loss of life is imminent, and conditions exist that critically imperil or endanger the lives of those in a defined area. See Louisiana Revised Statutes 29:723
• Fraud: Intentional deception resulting in injury to another.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grantor: The person who establishes a trust and places property into it.
• Group capital calculation instructions: means the group capital calculation instructions as adopted by the NAIC and as amended by the NAIC in accordance with the procedures adopted by the NAIC. See Louisiana Revised Statutes 22:691.2
• Group-wide supervisor: means the regulatory official authorized to engage in conducting and coordinating group-wide supervision activities who is determined or acknowledged by the commissioner pursuant to La. See Louisiana Revised Statutes 22:691.2
• 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.
• Health organization: means a health maintenance organization licensed under Subpart I of Part I of this Chapter, a limited health service organization which bears risk, dental or vision plan which bears risk, hospital, medical and dental indemnity or service corporation which bears risk, provider-sponsored organization which bears risk, or other risk-bearing managed care organization licensed under this Title. See Louisiana Revised Statutes 22:631
• Homeland: means the state of Louisiana, and where the context requires, means the parishes of the state of Louisiana, "the United States". See Louisiana Revised Statutes 29:723
• IDEA: means the federal Individuals with Disabilities Education Act. See Louisiana Revised Statutes 28:462
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• indigent defender: means an attorney employed by or under contract with the board, the district public defender, regional director, where applicable, or nonprofit organization contracting with the board, district public defender, regional director, where applicable, or the board to provide legal counsel to an indigent person in a criminal proceeding. See Louisiana Revised Statutes 15:143
• indigent defender services: means the providing of legal services to indigent persons in criminal proceedings in which the right to counsel attaches under the United States and Louisiana constitutions. See Louisiana Revised Statutes 15:143
• Infant or toddler with a disability: means an individual under three years of age who needs early intervention services because of either of the following:

              (i) The individual is experiencing developmental delays, as measured by appropriate diagnostic instruments and procedures in the areas of cognitive development, physical development, communication development, social or emotional development, or adaptive development. See Louisiana Revised Statutes 28:462

• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• insurance holding company system: consists of two or more affiliated persons, one or more of which is an insurer. See Louisiana Revised Statutes 22:691.2
• 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}
• Internationally active insurance group: means an insurance holding company system that:

              (a) Includes an insurer registered pursuant to La. See Louisiana Revised Statutes 22:691.2

• Interoperability: means the ability of two or more systems or their components to exchange information and to use the information exchanged. See Louisiana Revised Statutes 29:723
• Juror: A person who is on the jury.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legal tender: coins, dollar bills, or other currency issued by a government as official money. ^{Source: U.S. Mint}
• Lien: A claim against real or personal property in satisfaction of a debt.
• Life or health and accident insurer: means any insurance company possessing a certificate of authority in the state that issues the kind of insurance listed in La. See Louisiana Revised Statutes 22:611
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local governmental subdivision: means a parish of the state of Louisiana. See Louisiana Revised Statutes 29:723
• Mandatory evacuation: means an evacuation that may be ordered when a disaster or emergency has been declared and danger is imminent, conditions exist that seriously imperil or endanger the lives of those in a defined area, and government officials strongly urge and order all persons in designated evacuation areas to relocate to safer locations for their own safety. See Louisiana Revised Statutes 29:723
• Mandatory-control level risk-based capital: means seven-tenths of a company's authorized control level risk-based capital. See Louisiana Revised Statutes 22:611
• Mandatory-control level risk-based capital: means the product of seventy hundredths and the number determined under the risk-based capital formula in accordance with the risk-based capital instructions. See Louisiana Revised Statutes 22:631
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• NAIC: means the National Association of Insurance Commissioners. See Louisiana Revised Statutes 22:611
• NAIC: means the National Association of Insurance Commissioners. See Louisiana Revised Statutes 22:691.2
• NAIC liquidity stress test framework: means the separate NAIC publication which includes a history of the NAIC's development of regulatory liquidity stress testing, the scope criteria applicable for a specific data year, and the liquidity stress test instructions and reporting templates for a specific data year, such scope criteria, instructions, and reporting template being as adopted by the NAIC and amended by the NAIC in accordance with the procedures adopted by the NAIC. See Louisiana Revised Statutes 22:691.2
• Necessary designation and credentials: means appropriate credentials obtained from the parish homeland security and emergency preparedness agency or any regional cooperative of parish homeland security and emergency preparedness agencies. See Louisiana Revised Statutes 29:723
• Oath: A promise to tell the truth.
• Oversight: Committee review of the activities of a Federal agency or program.
• Parent: means a person who meets the definition of such term in federal regulations relative to early intervention programs for infants and toddlers with disabilities and their families (34 C. See Louisiana Revised Statutes 28:462
• Parent: means a person who is the biological mother or father of an individual or the legally adoptive mother or father of an individual. See Louisiana Revised Statutes 28:2
• Parish president: means the president of any parish, mayor-president, mayor of New Orleans (Orleans Parish), or police jury president. See Louisiana Revised Statutes 29:723
• Patient: means any person detained and taken care of as a person who has a mental illness or person who is suffering from a substance-related or addictive disorder. See Louisiana Revised Statutes 28:2
• Person: means an individual, a corporation, a limited liability company, a partnership, an association, a joint stock company, a trust, an unincorporated organization, any similar entity or any combination of the foregoing acting in concert, but shall not include any joint venture partnership exclusively engaged in owning, managing, leasing, or developing immovable or corporeal movable property. See Louisiana Revised Statutes 22:691.2
• 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}
• 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.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
• program: means the activities directed toward the accomplishment of providing indigent defender services under the Louisiana Public Defender Act. See Louisiana Revised Statutes 15:143
• Property and casualty insurer: means any insurance company possessing a certificate of authority in the state that issues insurance other than the kinds specified in La. See Louisiana Revised Statutes 22:611
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• 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.
• Receiver: means the person liquidating a state bank pursuant to Part II of this Subchapter. See Louisiana Revised Statutes 6:381
• Receivership court: means the district court for the parish in which the state bank is domiciled. See Louisiana Revised Statutes 6:381
• Regional director: means the person in the employment of the board chosen to oversee and enforce standards and guidelines within a service region created by the board. See Louisiana Revised Statutes 15:143
• Regulatory-action level risk-based capital: means one hundred fifty percent of a company's authorized control level risk-based capital. See Louisiana Revised Statutes 22:611
• Regulatory-action level risk-based capital: means the product of one and one half and the number determined under the risk-based capital formula in accordance with the risk-based capital instructions. See Louisiana Revised Statutes 22:631
• 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).
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• 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-based capital instructions: means the risk-based capital report including risk-based capital instructions adopted by the NAIC, as such risk-based capital instructions may be amended by the NAIC from time to time in accordance with the procedures adopted by the NAIC. See Louisiana Revised Statutes 22:611
• Risk-based capital instructions: means the risk-based capital report including risk-based capital instructions adopted by the National Association of Insurance Commissioners, as these risk-based capital instructions may be amended by the National Association of Insurance Commissioners from time to time in accordance with the procedures adopted by the National Association of Insurance Commissioners. See Louisiana Revised Statutes 22:631
• Risk-based capital level: means an action level risk-based capital, regulatory action level risk-based capital, authorized control level risk-based capital, or mandatory control level risk-based capital of an insurer where:

  (a)  "Authorized-control level risk-based capital" means the number determined under the risk-based capital formula in accordance with the risk-based capital instructions. See Louisiana Revised Statutes 22:611

• Risk-based capital plan: means a comprehensive financial plan containing the requirements of La. See Louisiana Revised Statutes 22:611
• Risk-based capital plan: means a comprehensive financial plan containing the elements specified in La. See Louisiana Revised Statutes 22:631
• Risk-based capital report: means the report required pursuant to La. See Louisiana Revised Statutes 22:611
• Risk-based capital report: means the report required in La. See Louisiana Revised Statutes 22:631
• Service region: means one of the public defender service regions created by the board as authorized in La. See Louisiana Revised Statutes 15:143
• 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.
• State Public Defender: means the person in the employment of the board chosen to administer the statewide public defender system for the delivery of public defender services. See Louisiana Revised Statutes 15:143
• Statewide communications interoperability plan for first responders: means a statewide shared communications system for first responders with the ability to transport and receive voice, data, image, and video information adopted by the interoperability subcommittee. See Louisiana Revised Statutes 29:723
• Statewide interoperability plan: means short-term and long-term statewide plans for interoperability for communications and information sharing needed during an emergency and adopted by the state Unified Command Group. See Louisiana Revised Statutes 29:723
• Subpoena: A command to a witness to appear and give testimony.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Total adjusted capital: means the sum of:

  (a)  An insurer's statutory capital and surplus. See Louisiana Revised Statutes 22:611

• Total adjusted capital: means the sum of the following:

  (a)  A health organization's statutory capital and surplus as determined in accordance with the statutory accounting applicable to the annual financial statements required to be filed under La. See Louisiana Revised Statutes 22:631

• Transfer: means the removal of a patient from one mental institution to another without any procedure for admission other than is prescribed by the department. See Louisiana Revised Statutes 28:2
• Treatment: means an active effort to accomplish an improvement in the mental condition or behavior of a patient or to prevent deterioration in his condition or behavior. See Louisiana Revised Statutes 28:2
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• UCG: means the group which is established by executive order of the governor to bring senior officials within the governor's office and cabinet secretaries or their designees together with a common objective of effectively managing an incident and ensuring that regardless of the number of agencies or jurisdictions involved, all decisions will be based upon mutually agreed upon objectives with the governor as the unified commander. See Louisiana Revised Statutes 29:723
• under common control with: means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services, or otherwise, unless the power is the result of an official position with or corporate office held by the person. See Louisiana Revised Statutes 22:691.2
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• Venue: The geographical location in which a case is tried.
• Voting security: shall include any security convertible into or evidencing a right to acquire a voting security. See Louisiana Revised Statutes 22:691.2
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.