Terms Used In New York Laws > Business Corporation > Article 13 - Foreign Corporations

• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• 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.
• 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.
• Air transportation facilities: shall mean aircraft and developments such as airports, air terminals, runways, hangars, control towers, ramps, taxiways, aprons, wharves, bulkheads, buildings, structures, equipment, parking areas, improvements, facilities and any real property necessary, convenient or desirable for or relating to the landing, taking off, accommodation and servicing of aircraft, or for the loading, unloading, interchange or transfer of passengers, baggage or cargo, or otherwise for the accommodation, use or convenience of passengers, carriers, crews and employees. See N.Y. Transportation Law 400
• Air transportation purposes: shall mean the effectuation, establishment, acquisition, construction, rehabilitation, improvement, maintenance, extension, or operation of air transportation facilities or services owned, leased, operated or provided by the department, or by others pursuant to agreement with the department, at Stewart and/or Republic airports. See N.Y. Transportation Law 400
• Aircraft: shall mean aircraft of all types, including but not limited to airplanes, airships, dirigibles, helicopters, gliders, seaplanes, or any other contrivance now or hereafter used for the navigation of or flight in air or space. See N.Y. Transportation Law 400
• 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.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attest: means providing the following public accountancy services which all require the independence of licensees:
  
  a. See N.Y. Education Law 7401-A
• Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
• Bequest: Property gifted by will.
• Biological agent: means any micro-organism, virus, infectious substance, or biological product that may be engineered as a result of biotechnology, or any naturally occurring or bioengineered component of any such micro-organism, virus, infectious substance, or biological product, capable of causing:
  
  (a) death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism;
  
  (b) deterioration of food, water, equipment, supplies, or material of any kind; or
  
  (c) deleterious alteration of the environment. See N.Y. Penal Law 490.05
• Biological weapon: means any biological agent, toxin, vector, or delivery system or combination thereof. See N.Y. Penal Law 490.05
• Canal corporation: shall mean the New York state canal corporation created pursuant to § 382 of the public authorities law. See N.Y. Transportation Law 471
• Canal corporation: shall mean the New York state canal corporation created as a subsidiary corporation of the New York state thruway authority pursuant to chapter seven hundred sixty-six of the laws of nineteen hundred ninety-two and continued and reconstituted as a subsidiary corporation of the power authority of the state of New York pursuant to subdivision one of § 1005-b of the public authorities law. See N.Y. Transportation Law 481
• Canal system: shall mean the "New York state canal system" as such term is defined by subdivision ten of § 351 of the public authorities law. See N.Y. Transportation Law 471
• Canal system: shall mean the "New York state canal system" shall mean all of the canals, canal lands, feeder canals, reservoirs, canal terminals, canal terminal lands and other property under the jurisdiction of the canal corporation of the state of New York pursuant to Article 1-A of the canal law. See N.Y. Transportation Law 481
• Chemical weapon: means the following, together or separately:
  
  (a) a toxic chemical or its precursors;
  
  (b) a munition or device specifically designed to cause death or other harm through the toxic properties of a toxic chemical or its precursors, which would be released as a result of the employment of such munition or device;
  
  (c) any equipment specifically designed for use directly in connection with the employment of munitions or devices; or
  
  (d) any device that is designed to release radiation or radioactivity at a level dangerous to human life. See N.Y. Penal Law 490.05
• Commissioner: shall mean the commissioner of transportation of the state of New York. See N.Y. Transportation Law 400
• Commissioner: shall mean the commissioner of transportation of the state of New York. See N.Y. Transportation Law 471
• Commissioner: shall mean the commissioner of transportation of the state of New York. See N.Y. Transportation Law 481
• Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
• Compilation: means providing a service that presents, in the form of financial statements, information that is the representation of the management or owners of the client without undertaking to express any assurance of the accuracy of the information in the statements, to be performed in accordance with standards, developed by a federal governmental agency, commission or board or a recognized international or national professional accountancy organization, that are acceptable to the department in accordance with the commissioner's regulations. See N.Y. Education Law 7401-A
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• 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.
• CPA: means any person who has received a license from the department or any other state as a certified public accountant for the practice of public accountancy. See N.Y. Education Law 7401-A
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Delivery system: means :
  
  (a) any apparatus, equipment, device, or means of delivery specifically designed to deliver or disseminate a biological agent, toxin, or vector; or
  
  (b) any vector. See N.Y. Penal Law 490.05
• Department: shall mean the department of transportation of the state of New York. See N.Y. Transportation Law 471
• Department: shall mean the department of transportation of the state of New York. See N.Y. Transportation Law 481
• Department: shall mean the department of transportation of the state of New York. See N.Y. Transportation Law 400
• Dependent: A person dependent for support upon another.
• Devise: To gift property by will.
• Docket: A log containing brief entries of court proceedings.
• Donor: The person who makes a gift.
• 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}
• 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.
• 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 assistance: shall mean funds available from the federal government for any municipal transportation infrastructure project. See N.Y. Transportation Law 471
• Federal assistance: shall mean funds available from the federal government for any municipal transportation infrastructure project. See N.Y. Transportation Law 481
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiduciary: A trustee, executor, or administrator.
• Firm: means a domestic or foreign entity organized as a sole proprietorship, a professional service corporation, a partnership, a professional service limited liability company, a foreign professional service limited liability company, a registered limited liability partnership, a foreign registered limited liability partnership, or any other form of organization that is established for the business purpose of lawfully engaging in the practice of public accountancy. See N.Y. Education Law 7401-A
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
  • You are late making a payment or commit some other default, triggering an increase to a penalty rate
  • The bank changes the terms of your account and you do not reject the change.
  • The rate expires (if the rate was fixed for only a certain period of time).
• 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.
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Grantor: The person who establishes a trust and places property into it.
• 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}
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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}
• Joint resolution: A legislative measure which requires the approval of both chambers.
• 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.
• 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}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Majority leader: see Floor Leaders
• Material support or resources: means currency or other financial securities, financial services, lodging, training, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets, except medicine or religious materials. See N.Y. Penal Law 490.05
• Metropolitan transportation authority: shall mean the corporation created by § 1263 of the public authorities law. See N.Y. Transportation Law 471
• Metropolitan transportation authority: shall mean the corporation created by § 1263 of the public authorities law. See N.Y. Transportation Law 481
• Minority leader: See Floor Leaders
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Municipal transportation infrastructure project: shall mean a transportation infrastructure project undertaken by a municipality with funds provided in whole or in part by the Transportation Infrastructure Bond Act of 2000, for those transportation programs set forth in paragraph (a) or (b) of subdivision two of section four hundred seventy of this article, pursuant to an agreement between such municipality and the commissioner. See N.Y. Transportation Law 471
• Municipal transportation infrastructure project: shall mean a transportation infrastructure project undertaken by a municipality with funds provided in whole or in part by the rebuild and renew New York transportation bond act of two thousand five, for those transportation programs set forth in subdivision two of section four hundred seventy of this article, pursuant to an agreement between such municipality and the commissioner. See N.Y. Transportation Law 481
• Municipality: shall mean a city; a county not wholly contained within a city; a town; a village; a public benefit corporation or other public authority or corporation, or two or more of the foregoing acting jointly. See N.Y. Transportation Law 471
• Municipality: shall mean a city; a county not wholly contained within a city; a town; a village; a public benefit corporation or other public authority or corporation, or two or more of the foregoing acting jointly. See N.Y. Transportation Law 481
• 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 York city transit authority: shall mean the corporation created by § 1201 of the public authorities law. See N.Y. Transportation Law 471
• New York city transit authority: shall mean the corporation created by § 1201 of the public authorities law. See N.Y. Transportation Law 481
• Oath: A promise to tell the truth.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Oversight: Committee review of the activities of a Federal agency or program.
• 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.
• Personal property: All property that is not real property.
• Plaintiff: The person who files the complaint in a civil lawsuit.
• 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.
• 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.
• Principal place of business: means the office location designated by the licensee from which the person directs, controls, and coordinates his or her professional services. See N.Y. Education Law 7401-A
• Program: shall mean the New York state transportation energy conservation program. See N.Y. Transportation Law 440
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Quorum: The number of legislators that must be present to do business.
• Real property: shall mean lands, structures, franchises and interests in land, including air space, air rights, waters, lands under water and riparian rights, and any and all things and rights included within said term, and includes not only fee simple absolute but also any and all lesser interests, including but not limited to easements, rights of way, uses, leases, licenses and all other incorporeal hereditaments and every estate, interest or right, legal or equitable, including terms for years and liens thereon by way of judgments, mortgages or otherwise. See N.Y. Transportation Law 400
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• 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.
• 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).
• Republic airport commission: shall mean the commission established by section four hundred two of this article. See N.Y. Transportation Law 400
• Select chemical agent: shall mean a chemical weapon which has been identified in regulations promulgated pursuant to subdivision twenty of § 206 of the public health law. See N.Y. Penal Law 490.05
• 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.
• State: means any state of the United States, the District of Columbia, Puerto Rico, the U. See N.Y. Education Law 7401-A
• Statute: A law passed by a legislature.
• Stewart airport commission: shall mean the commission established by section four hundred one of this article. See N.Y. Transportation Law 400
• Stewart and Republic airports: shall mean those airports, and facilities and surrounding areas under the jurisdiction of the metropolitan transportation authority or any subsidiary public benefit corporation, located at (in the case of Stewart airport) the county of Orange, towns of Newburgh and New Windsor; and (in the case of Republic airport) in the county of Suffolk, town of Babylon. See N.Y. Transportation Law 400
• Subpoena: A command to a witness to appear and give testimony.
• Toxin: means the toxic material of plants, animals, micro-organisms, viruses, fungi, or infectious substances, or a recombinant molecule, whatever its origin or method of production, including:
  
  (a) any poisonous substance or biological product that may be engineered as a result of biotechnology produced by a living organism; or
  
  (b) any poisonous isomer or biological product, homolog, or derivative of such a substance. See N.Y. Penal Law 490.05
• Transportation infrastructure project: shall mean a project undertaken with funds provided in whole or in part by the Transportation Infrastructure Bond Act of 2000, for those transportation programs set forth in paragraphs (a) and (b) of subdivision two of section four hundred seventy of this article. See N.Y. Transportation Law 471
• Transportation infrastructure project: shall mean a project undertaken with funds provided in whole or in part by the rebuild and renew New York transportation bond act of two thousand five, for those transportation programs set forth in paragraph (a) of subdivision one of section four hundred eighty of this article. See N.Y. Transportation Law 481
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Triborough bridge and tunnel authority: shall mean the corporation created by § 552 of the public authorities law. See N.Y. Transportation Law 471
• Triborough bridge and tunnel authority: shall mean the corporation created by § 552 of the public authorities law. See N.Y. Transportation Law 481
• Trustee: A person or institution holding and administering property in trust.