§ 445.2051 Definitions
§ 445.2052 Tobacco product manufacturer; duties; escrow fund deposits; schedule; interest or other appreciation; release; certification of compliance; violation; applicability of subsection (7); assignment of ri

Terms Used In Michigan Laws > Chapter 445 > Act 244 of 1999 - Tobacco Product Manufacturers' Escrow Accounts

  • Affiliate: means a person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another person. See Michigan Laws 445.2051
  • Allocable share: means that term as defined in the master settlement agreement. See Michigan Laws 445.2051
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • cigarette: includes "roll-your-own" (i. See Michigan Laws 445.2051
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Court: means the family division of circuit court. See Michigan Laws 712A.1
  • Docket: A log containing brief entries of court proceedings.
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
  • Inflation adjustment: means that term as defined in the master settlement agreement. See Michigan Laws 445.2051
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • juvenile: means a person who is less than 17 years of age who is the subject of a delinquency petition. See Michigan Laws 712A.1
  • Master settlement agreement: means the settlement agreement (and related documents) entered into on November 23, 1998, and incorporated into a consent decree and final judgment entered into on December 7, 1998, in Kelley Ex Rel. See Michigan Laws 445.2051
  • Original participating manufacturer: means that term as defined in the master settlement agreement. See Michigan Laws 445.2051
  • Participating manufacturer: means that term as defined in the master settlement agreement. See Michigan Laws 445.2051
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: means an individual, partnership, committee, association, corporation, or any other organization or group of persons. See Michigan Laws 445.2051
  • Releasing parties: means that term as defined in the master settlement agreement. See Michigan Laws 445.2051
  • 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: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
  • Tobacco product manufacturer: means an entity that after December 28, 1999 directly (and not exclusively through any affiliate) meets 1 or more of the following:
  (i) Manufactures cigarettes anywhere that such manufacturer intends to be sold in the United States, including cigarettes intended to be sold in the United States through an importer (except where such importer is an original participating manufacturer that will be responsible for the payments under the master settlement agreement with respect to such cigarettes as a result of the provisions of subsection II(mm) of the master settlement agreement and that pays the taxes specified in subsection II(z) of the master settlement agreement, and provided that the manufacturer of such cigarettes does not market or advertise such cigarettes in the United States). See Michigan Laws 445.2051
  • United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
  • Units sold: means the number of individual cigarettes sold in the state by the applicable tobacco product manufacturer (whether directly or through a distributor, retailer, or similar intermediary or intermediaries) during the year in question, as measured by excise taxes collected by the state on packs (or "roll-your-own" tobacco containers) bearing the excise tax stamp of the state. See Michigan Laws 445.2051