Vermont Statutes > Title 11 > Chapter 23 – Limited Partnerships

		Sections
Subchapter 1	General Provisions	3401 – 3407
Subchapter 2	Certificate of Limited Partnership	3411 – 3420
Subchapter 3	Limited Partners	3421 – 3425
Subchapter 4	General Partners	3431 – 3435
Subchapter 5	Finance	3441 – 3444
Subchapter 6	Distributions and Withdrawal	3451 – 3458
Subchapter 7	Assignment of Partnership Interests	3461 – 3465
Subchapter 8	Dissolution	3471 – 3474
Subchapter 9	Foreign Limited Partnerships	3481 – 3488
Subchapter 10	Derivative Actions	3491 – 3494
Subchapter 11	Miscellaneous	3501 – 3503

Terms Used In Vermont Statutes > Title 11 > Chapter 23 - Limited Partnerships

Abandoned: means left without provision for reasonable and necessary care or supervision. See
Account: means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. See
Accounting period: means a calendar year unless another 12-month period is selected by a fiduciary. See
Adjudicated parent: means a person who has been adjudicated by a court of competent jurisdiction to be a parent of a child. See
Administrator: means the administrator of the U. See
Administratrix: The female counterpart of an administrator. See also
Adoptee: means a person who is adopted or is to be adopted. See
Adult: means a person who has attained 18 years of age. See
Adult: means an individual who has attained 21 years of age. See
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.
Agency: means the Agency of Natural Resources. See
Agency: means the Department or a child-placing public or private entity that is licensed in this State to place minors for adoption. See
Agent: means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact, or otherwise. See
Agent: means an attorney-in-fact granted authority under a durable or nondurable power of attorney. See
Allegation: something that someone says happened.
Alleged genetic parent: means a person who is alleged to be, or alleges that the person is, a genetic parent or possible genetic parent of a child whose parentage has not been adjudicated. See
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.
Ancillary administration: Probate administration of property (usually real property) owned in a State other than the one in which the decedent had his (her) principal residence at the time of death.
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.
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
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.
Application: means a request under the Convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority. See
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
Architectural paint: means interior and exterior architectural coatings, including interior or exterior water- and oil-based coatings, primers, sealers, or wood coatings, that are sold in containers of five gallons or less. See
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.
Assisted reproduction: means a method of causing pregnancy other than sexual intercourse and includes:
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
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.
Available income: means gross income, less:
Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
Beneficiary: includes , in the case of a decedent's estate, an heir, legatee, and devisee and, in the case of a trust, an income beneficiary and a remainder beneficiary. See
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}
Benefits: means all monies paid or payable by the United States through the Veterans Administration. See
Bequest: Property gifted by will.
Birth: includes stillbirth. See
Broker: means a person lawfully engaged in the business of effecting transactions in securities or commodities for the person's own account or for the account of others. See
Carries: means engages in the transmission of an electronic communication. See
Carryout bag: means a bag provided by a store or food service establishment to a customer at the point of sale for the purpose of transporting groceries or retail goods, except that a "carryout bag" shall not mean:
Catalogue of electronic communications: means information that identifies each person with whom a user has had an electronic communication, the time and date of the communication, and the electronic address of the person. See
Central authority: means the entity designated by the United States or a foreign country to perform the functions specified in the Convention. See
certificate of limited partnership: means the certificate referred to in section 3411 of this title, and the certificate as amended or restated. See
Chambers: A judge's office.
Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
Child: means an individual who has not attained 18 years of age. See
child: as used in this subchapter , shall mean a child who is under the age of 18 years, or is under the age of 21 years and is a student regularly attending a school, college or university or their equivalent, or is regularly attending a course of vocational or technical training designed to fit him for gainful employment, and shall include a "stepchild" under such age. See
Child: means a minor or an adult son or daughter, by birth or adoption. See
Child: means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent. See
Child: means a person of any age whose parentage may be determined under this title. See
Child care costs: means the actual child care costs reasonably incurred by a parent on behalf of the children due to employment or employment related education. See
Child custody determination: means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. See
Child custody proceeding: means a proceeding in which legal custody or parental rights, physical custody, or visitation or parent child contact with respect to a child is an issue. See
Child support order: means a support order for a child, including a child who has attained the age of majority under the law of the issuing state or foreign country. See
children: means an unmarried individual or individuals who have not yet attained 21 years of age and who are not a U. See
Circumstantial evidence: All evidence except eyewitness testimony.
Civil union: means that two eligible persons have established a relationship pursuant to this chapter, and may receive the benefits and protections and be subject to the responsibilities of spouses. See
Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
Commencement: means the filing of the first pleading in a proceeding. See
Commissioner: means the Commissioner of Health. See
Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Content of an electronic communication: means information concerning the substance or meaning of a communication that:
Continuance: Putting off of a hearing ot trial until a later time.
Contract: A legal written agreement that becomes binding when signed.
contribution: means any cash, property, services rendered, or a promissory note or other binding obligation to contribute cash or property or to perform services, which a partner contributes to a limited partnership in his or her capacity as a partner. See
Convention: means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at the Hague on November 23, 2007. See
Convention support order: means a support order of a tribunal of a foreign country. See
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.
Counterclaim: A claim that a defendant makes against a plaintiff.
Court: means the court with jurisdiction over the proceeding. See
Court: means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination. See
Court: means any court that has jurisdiction over an unmarried individual or individuals who have not yet attained 21 years of age and who are not a U. See
Court: means the court with jurisdiction over a child support proceeding. See
Court: means any Probate Division of the Superior Court within this state for the district wherein the ward resides. See
Court: means the Probate Division of the Superior Court. See
Court: means the Probate Division of the Superior Court of Vermont. See
Credit bureau: An agency that collects individual credit information and sells it for a fee to creditors so they can make a decision on granting loans. Typical clients include banks, mortgage lenders, credit card companies, and other financing companies. (Also commonly referred to as consumer-reporting agency or credit-reporting agency.) ^{Source: OCC}
Custodial property: means :
Custodian: means a person so designated under section 3219 of this title or a successor or substitute custodian designated under section 3228 of this title. See
Custodian: means a person who carries, maintains, processes, receives, or stores a digital asset of a user. See
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Decedent: A deceased person.
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.
Department: means the Department for Children and Families. See
Dependent: A person dependent for support upon another.
Deploying parent: means a military parent who has been notified by military leadership that he or she will deploy or mobilize with the U. See
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 recipient: means a person chosen by a user using an online tool to administer digital assets of the user. See
Devise: To gift property by will.
Digital asset: means an electronic record in which an individual has a right or interest. See
Direct request: means a petition filed by an individual in a tribunal of this State in a proceeding involving an obligee, obligor, or child residing outside the United States. See
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:
Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, emitting, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any ground or surface waters. See
Domestic: when applied to a corporation, company, association, or copartnership shall mean organized under the laws of this State; "foreign" when so applied, shall mean organized under the laws of another state, government, or country. See
Donee: The recipient of a gift.
Donor: The person who makes a gift.
Dower: A widow
Duty of support: means an obligation imposed or imposable by law to provide support for a child, spouse, or former spouse, including an unsatisfied obligation to provide support. See
Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See
Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See
Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
Electronic-communication service: means a custodian who provides to a user the ability to send or receive an electronic communication. See
Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
Embryo: means a cell or group of cells containing a diploid complement of chromosomes or a group of such cells, not including a gamete, that has the potential to develop into a live born human being if transferred into the body of a person under conditions in which gestation may be reasonably expected to occur. See
Employer: means any employer or payor of wages of any type to the obligor. See
Energy recovery: means recovery in which all or a part of the solid waste materials are processed in order to use the heat content or other forms of energy of or from the material. See
Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
Environmentally sound management practices: means policies to be implemented by a producer or a stewardship organization to ensure compliance with all applicable laws and also addressing such issues as adequate record keeping, tracking and documenting the fate of materials within the State and beyond, and adequate environmental liability coverage for professional services and for the operations of the contractors working on behalf of the producer organization. See
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}
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}
Escrow: Money given to a third party to be held for payment until certain conditions are met.
Estate: means income on hand and assets acquired partially or wholly with "income. See
event of withdrawal of a general partner: means an event that causes a person to cease to be a general partner as provided in section 3432 of this title. See
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.
Executor: A male person named in a will to carry out the decedent
Executor: includes administrator with the will annexed. See
Executrix: The female counterpart of an executor. See also
Expanded polystyrene: means blown polystyrene and expanded and extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by a number of techniques, including: fusion of polymer spheres, known as expandable bead 20 polystyrene; injection molding; foam molding; and extrusion-blow molding, also known as extruded foam polystyrene. See
Extraordinary expenses: means any extraordinary medical or education expenses, including expenses related to the special needs of a child, incurred on behalf of involved children. See
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.
Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
Fiduciary: means a personal representative or a trustee. See
Fiduciary: A trustee, executor, or administrator.
Fiduciary: includes executor, administrator, special administrator, trustee, conservator, guardian of a minor, guardian of a spendthrift, voluntary guardian of a person who has an infirmity and total or limited guardian of an adult with a developmental disability, but excludes one who is merely a guardian ad litem. See
Fiduciary: means an original, additional, or successor personal representative, guardian, agent, or trustee. See
Financial guardian: means a person who has been appointed by the Probate Division as financial guardian for a minor pursuant to section 2659 of this title, or a person legally authorized to perform substantially the same functions. See
Financial institution: means a bank, trust company, savings institution, or credit union, chartered and supervised under state or federal law. See
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).
following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
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}
Foreign country: means a country, including a political subdivision thereof, other than the U. See
foreign limited partnership: means a partnership formed under laws other than the laws of this State and having as partners one or more general partners and one or more limited partners. See
Foreign support agreement:
Foreign support order: means a support order of a foreign tribunal. See
Foreign tribunal: means a court, administrative agency, or quasi-judicial entity of a foreign country which is authorized to establish, enforce, or modify support orders or to determine parentage of a child. See
Former parent: means the parent of the adoptee whose rights were terminated, voluntarily or involuntarily. See
Fraud: Intentional deception resulting in injury to another.
Gamete: means a sperm, an egg, or any part of a sperm or egg. See
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
General partner: means a person who has been admitted to a limited partnership as a general partner in accordance with the partnership agreement and named in the certificate of limited partnership as a general partner. See
Gestational carrier: means an adult person who is not an intended parent and who enters into a gestational carrier agreement to bear a child conceived using the gametes of other persons and not the gestational carrier's own, except that a person who carries a child for a family member using the gestational carrier's own gametes and who fulfills the requirements of chapter 8 of this title is a gestational carrier. See
Gestational carrier agreement: means a contract between an intended parent or parents and a gestational carrier intended to result in a live birth. See
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Good faith: means honesty in fact. See
governor: includes an individual performing the functions of governor or the executive authority of a state covered by this title. See
Grantor: The person who establishes a trust and places property into it.
Gross income: means actual gross income of a parent. See
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.
Guardian: means any fiduciary for the person or estate of a ward. See
Guardian: means a person, other than a parent, appointed by a court to act as a parent for another individual and specifically authorized by the Court to place the individual for adoption. See
Guardian: means a person appointed by a court to manage the estate of a living individual. See
Hazardous waste: means any waste or combination of wastes of a solid, liquid, contained gaseous, or semi-solid form, including those that are toxic, corrosive, ignitable, reactive, strong sensitizers, or that generate pressure through decomposition, heat, or other means, that in the judgment of the Secretary may cause or contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, taking into account the toxicity of such waste, its persistence and degradability in nature, and its potential for assimilation, or concentration in tissue, and other factors that may otherwise cause or contribute to adverse acute or chronic effects on the health of persons or other living organisms, or any matter that may have an unusually destructive effect on water quality if discharged to ground or surface waters of the State. See
Hazardous waste management: means the systematic and comprehensive management of the generation; storage; transport; treatment, including recycling and recovery; or disposal of hazardous waste materials. See
Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
Home state: means the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. See
Home state: means the state or foreign country in which a child lived with a parent or a person acting as parent for at least six consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than six months old, the state or foreign country in which the child lived from birth with any of them. See
Identifying information: means any information which might establish the current whereabouts of an adoptee, the adoptee's former parent or other family member, including full name, date and place of birth, and last known address. See
Incapacity: means the inability of an individual to manage property or business affairs because the individual has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance. See
Income: means money or property that a fiduciary receives as current return from a principal asset. See
Income: means monies received from the Veterans' Administration and revenue or profit from any property wholly or partially acquired therewith. See
Income: includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this State. See
Income beneficiary: means a person to whom net income of a trust is or may be payable. See
Income interest: means the right of an income beneficiary to receive all or part of net income, whether the terms of the trust require it to be distributed or authorize it to be distributed in the trustee's discretion. See
Income withholding order: means an order or other legal process directed to an obligor's employer or other debtor, as defined by 15 Vt. See
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}
Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
Information: means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like. See
Informed consent: means the consent given voluntarily by an individual with capacity after being fully informed of the nature, benefits, risks, and consequences of the proposed health care, alternative health care, and no health care. See
Initial determination: means the first child custody determination concerning a particular child. See
Initiating tribunal: means the tribunal of a state or foreign country from which a petition or comparable pleading is forwarded or in which a petition or comparable pleading is filed for forwarding to another state or foreign country. See
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Intended parent: means a person, whether married or unmarried, who manifests the intent to be legally bound as a parent of a child resulting from assisted reproduction or a gestational carrier agreement. See
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 a responsible adult who has a direct interest in a person in need of guardianship and includes the person in need of guardianship, a near relative, a close friend, a guardian, public official, social worker, physician, agent named in an advance directive or in a power of attorney, person nominated as guardian in an advance directive, or member of the clergy. See
Interested person: includes heirs, devisees, legatees, children, spouses, creditors, beneficiaries, and any others having a property right in or claim against a trust estate or the estate of a decedent, or person under guardianship that may be affected by the proceeding. See
International will: means a will executed pursuant to the requirements of this chapter. See
Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
Intestate: Dying without leaving a will.
Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
Issuing court: means the court that makes a child custody determination for which enforcement is sought under this chapter. See
Issuing state: means the state in which a tribunal issues a support order or renders a judgment determining parentage of a child. See
Issuing tribunal: means the tribunal of a state or foreign country that issues a support order or renders a judgment determining parentage of a child. See
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.
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.
Justice: when applied to a person, other than a Justice of the Supreme Court, shall mean a justice of the peace for the county for which he or she is elected or appointed. See
Law: includes decisional and statutory law and rules and regulations having the force of law. See
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}
Legacy: A gift of property made by will.
Legal custody: means the right and duty to exercise continuing general supervision of a minor as authorized by law. See
Legal representative: means an individual's personal representative. See
Legal responsibility: means the rights and responsibilities to determine and control various matters affecting a child's welfare and upbringing, other than routine daily care and control of the child. See
Legatee: A beneficiary of a decedent
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.
Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
Limited partner: means a person who has been admitted to a limited partnership as a limited partner in accordance with the partnership agreement. See
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Magistrate: shall mean any Supreme Court Justice, Superior judge, District judge, or Probate judge. See
Mandatory income interest: means the right of an income beneficiary to receive net income that the terms of the trust require the fiduciary to distribute. See
Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
marriage: shall mean a civil marriage. See
Marriage: includes civil union and any legal relationship that provides substantially the same rights, benefits, and responsibilities as marriage and is recognized as valid in the state or jurisdiction in which it was entered. See
Military parent: means a natural parent, adoptive parent, or legal parent of a child under the age of 18 whose parental rights have not been terminated or transferred to the state or another person through a juvenile proceeding pursuant to 33 Vt. See
Minor: means a person who has not attained 18 years of age. See
Minor: means an individual who has not attained 21 years of age. See
Modification: means a child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination. See
Month: shall mean a calendar month and "year" shall mean a calendar year and be equivalent to the expression "year of our Lord. See
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.
Municipality: means a city, town, or a village. See
Municipality: shall include a city, town, town school district, incorporated school or fire district or incorporated village, and all other governmental incorporated units. See
Near relative: means a parent, stepparent, brother, sister, grandparent, spouse, domestic partner, or adult child. See
Net income: means the total receipts allocated to income during an accounting period minus the disbursements made from income during the period, plus or minus transfers under this chapter to or from income during the period. See
Noncitizen: means any person who is not a U. See
Nondeploying parent: means a parent who is either not a member of the U. See
Oath: shall include affirmation where by law an affirmation may be substituted. See
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.
Obligee: means the person found to be legally entitled to receive support or any person to whom the obligee has assigned or authorized all rights of collection. See
Obligee: means :
Obligor: means the person required to pay support under a support order. See
Obligor: means an individual or the estate of a decedent that:
Online tool: means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person. See
Paint stewardship assessment: means a one-time charge that is:
Parent: means a person who is legally recognized as a mother or father or whose consent to the adoption of a minor is required under subdivision 2-401(a)(1)-(4) or (6) of this title. See
Parent: means a person who has established parentage that meets the requirements of this title. See
Parent child contact: means the right of a parent who does not have physical responsibility to have visitation with the child. See
Parentage: means the legal relationship between a child and a parent as established under this title. See
Parental rights and responsibilities: means the rights and responsibilities related to a child's physical living arrangements, education, medical and dental care, religion, travel, and any other matter involving a child's welfare and upbringing. See
Parental support obligation: means the proportion of total support obligation a parent is ordered to pay in money as child support. See
Partner: means a limited or general partner. See
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.
Partnership agreement: means any valid agreement, written or oral, of the partners as to the affairs of a limited partnership and the conduct of its business. See
Partnership interest: means a partner's share of the profits and losses of a limited partnership and the right to receive distributions of partnership assets. See
Party to a civil union: means a person who has established a civil union pursuant to this chapter and 18 Vt. See
Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
Person: means an individual; corporation; business trust; estate; trust; partnership; limited liability company; association; joint venture; government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity. See
Person: means an individual; corporation; business trust; estate; trust; partnership; limited liability company; association; joint venture; public corporation; government or governmental subdivision, agency, or instrumentality; or any other legal or commercial entity. See
Person: means any individual; partnership; company; corporation; association; unincorporated association; joint venture; trust; municipality; the State of Vermont or any agency, department, or subdivision of the State; federal agency; or any other legal or commercial entity. See
Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity. See
Person: means an individual, a partnership, a corporation, or an association. See
Person: means an individual, corporation, organization, or other legal entity. See
Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. See
Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See
Person: means a natural person, partnership, limited partnership (domestic or foreign), trust, estate, association, corporation, or limited liability company. See
Person acting as a parent: means a person, other than a parent, who:
person authorized to act in connection with international wills: means a person who is authorized to supervise the execution of international wills pursuant to this chapter or federal law, including a member of the diplomatic and consular service of the United States designated by Foreign Service Regulations. See
Person in need of guardianship: means a person who:
Person under guardianship: means a person in need of guardianship for whom a guardianship order has been issued. See
Person under guardianship: means an individual for whom a guardian has been appointed. See
Personal estate: shall include all property other than real estate. See
Personal property: All property that is not real property.
Personal representative: means an executor, administrator, successor personal representative, or special administrator of a decedent's estate or a person legally authorized to perform substantially the same functions. See
Personal representative: means an executor, administrator, or special administrator, or a person who performs substantially the same function as an executor, administrator, or special administrator under law of this State other than this chapter. See
Petitioner: means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination. See
Physical custody: means the physical care and supervision of a child. See
Physical custody: means the physical care and supervision of a minor. See
Physical responsibility: means the rights and responsibilities to provide routine daily care and control of the child subject to the right of the other parent to have contact with the child. See
Plaintiff: The person who files the complaint in a civil lawsuit.
Plastic: means a synthetic material made from linking monomers through a chemical reaction to create a polymer chain that can be molded or extruded at high heat into various solid forms that retain their defined shapes during their life cycle and after disposal, including material derived from either petroleum or a biologically based polymer, such as corn or other plant sources. See
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.
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.
Point of sale: means a check-out stand, cash register, or other point of departure from a store or food service establishment, including the location where remotely ordered food or products are delivered to a purchaser. See
Postconsumer paint: means architectural paint and its containers not used and no longer wanted by a purchaser. See
Power of attorney: means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used. See
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}
Power of attorney: means a record that grants an agent authority to act in the place of a principal. See
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.
Presumed parent: means a person who is recognized as the parent of a child under section 401 of this title. See
Principal: means property held in trust for distribution to a remainder beneficiary when the trust terminates. See
Principal: means an individual who grants authority to an agent in a power of attorney. See
Principal: means an individual who grants authority to an agent in a power of attorney. See
Probable cause: A reasonable ground for belief that the offender violated a specific law.
Probate: Proving a will
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
Producer: means a manufacturer of architectural paint who sells, offers for sale, or distributes that paint in Vermont under the producer's own name or brand. See
Property: means anything that may be the subject of ownership, whether real or personal, or legal or equitable, or any interest or right therein. See
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
Psychiatric disability: means an impairment of thought, mood, perception, orientation, or memory that limits one or more major life activities but does not include intellectual disability. See
real estate: shall include lands, tenements, and hereditaments and all rights thereto and interests therein, and pews or slips in places of public worship shall be treated as real estate. See
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
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
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
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
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
Records: means all documents, exhibits and data pertaining to an adoption, whether collected prior to or after the decree of adoption. See
Recycling: means any process by which discarded products, components, and by-products are transformed into new usable or marketable materials in a manner in which the original products may lose their identity but does not include energy recovery or energy generation by means of combusting discarded products, components, and by-products with or without other waste products. See
Register: means to file in a tribunal of this State a support order or judgment determining parentage of a child issued in another state or a foreign country. See
Registering tribunal: means a tribunal in which a support order or judgment determining parentage of a child is registered. See
Registry: means the registry established in 33 V. See
Registry: means the adoption registry administered by the Department. See
Relative: means a grandparent, great-grandparent, sibling, first cousin, aunt, uncle, great-aunt, great-uncle, niece, or nephew of a person, whether related to the person by the whole or the half blood, affinity, or adoption. See
Relinquishment: means the voluntary surrender to an agency by a minor's parent or guardian, for purposes of the minor's adoption, of the rights of the parent or guardian with respect to the minor, including legal and physical custody of the minor. See
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.
Remainder beneficiary: means a person entitled to receive principal when an income interest ends. See
Remote-computing service: means a custodian who provides a user with computer-processing services or the storage of digital assets by means of an electronic communications system as defined in 18 U. See
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).
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.
Respondent: means a person who is the subject of a petition filed pursuant to section 3063 of this title or a person under guardianship who is the subject of any subsequent petition, motion, or action filed pursuant to this subchapter. See
Respondent: means a person against whom a proceeding has been commenced for enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination. See
Responding state: means a state in which a petition or comparable pleading for support or to determine parentage of a child is filed or to which a petition or comparable pleading is forwarded for filing from another state or a foreign country. See
Responding tribunal: means the authorized tribunal in a responding state or foreign country. See
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
Retailer: means any person that offers architectural paint for sale at retail in Vermont. See
Reusable carryout bag: means a carryout bag that is designed and manufactured for multiple uses and is:
Reuse: means the return of a product into the economic stream for use in the same kind of application as originally intended, without a change in the product's identity. See
Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
said: when used by way of reference to a person or thing shall apply to the same person or thing last mentioned. See
sale: means any transfer of title for consideration, including remote sales conducted through sales outlets, catalogues, or the Internet or any other similar electronic means. See
seal: shall include an impression of the official seal made upon paper alone or by means of a wafer or wax affixed thereto. See
Secretary: means the Secretary of Natural Resources. See
Secretary: means the Secretary of Natural Resources. See
Self-support reserve: means the needs standard established annually, and calculated at 120 percent of the U. See
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.
Sexual assault: shall include sexual assault as provided in 13 V. See
Sexual exploitation: shall include sexual exploitation of an inmate as provided in 13 V. See
Sibling: means a full or half brother or sister. See
Sign: means , with present intent to authenticate or adopt a record:
Sign: means , with the intent to authenticate or adopt a record, to:
Similar circumstances: means a condition or conditions that have an effect on a child comparable to abuse, neglect, or abandonment, including the death of a parent. See
Solid waste: means any discarded garbage; refuse; septage; sludge from a waste treatment plant, water supply plant, or pollution control facility; and other discarded material, including solid, liquid, semi-solid, or contained gaseous materials resulting from industrial, commercial, mining, or agricultural operations and from community activities but does not include animal manure and absorbent bedding used for soil enrichment; high carbon bulking agents used in composting; or solid or dissolved materials in industrial discharges that are point sources subject to permits under the Water Pollution Control Act, chapter 47 of this title. See
Spousal support order: means a support order for a spouse or former spouse of the obligor. See
State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
State: means a state of the United States, the District of Columbia, Puerto Rico, the U. See
State: means a state of the United States, the District of Columbia, Puerto Rico, the U. See
State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. See
State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States. See
State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U. See
State: means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. See
State active duty: means the call-up by a governor for the performance of any military duty in state status. See
Statute: A law passed by a legislature.
Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
Stepparent: means a person who is the spouse or surviving spouse of a parent of a child but who is not a parent of the child. See
Stewardship organization: means a nonprofit corporation or nonprofit organization created by a producer or group of producers to implement the Paint Stewardship Program required under this subchapter. See
Stocks and bonds: means stocks, bonds, mutual funds, and all other types of securities and financial instruments, whether held directly, indirectly, or in any other manner. See
Store: means a grocery store, supermarket, convenience store, liquor store, drycleaner, pharmacy, drug store, or other retail establishment that provides carryout bags to its customers. See
Subpoena: A command to a witness to appear and give testimony.
Summons: Another word for subpoena used by the criminal justice system.
Support: means periodic payments ordered for the support of dependent children or, for the purposes of sections 783-790 of this title only, a spouse. See
Support enforcement agency: means a public official, governmental entity, or private agency authorized to:
Support guideline: means the guideline for child support established by the Secretary of Human Services under section 654 of this title. See
Support order: means any judgment, order or contract for support enforceable in this state, including, but not limited to, orders issued pursuant to 15 Vt. See
Support order: means a judgment, decree, order, decision, or directive whether temporary, final, or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, retroactive support, or reimbursement for financial assistance provided to an individual obligee in place of child support. See
sworn: shall include affirmed. See
Temporary duty: means the transfer of a service member to a geographic location outside Vermont for a limited period of time to accomplish training or to assist in the performance of a noncombat mission. See
Tenancy by the entirety: A type of joint tenancy between husband and wife that is recognized in some States. Neither party can sever the joint tenancy relationship; when a spouse dies, the survivor acquires full title to the property.
Terms of a trust: means the manifestation of the intent of a settlor or decedent with respect to the trust, expressed in a manner that admits of its proof in a judicial proceeding, whether by written or spoken words or by conduct. See
Terms-of-service agreement: means an agreement that controls the relationship between a user and a custodian. See
Testate: To die leaving a will.
Testator: A male person who leaves a will at death.
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 support obligation: means the sum of money determined by adding:
Town: shall include city and wards or precincts therein; "selectboard members" and "board of civil authority" shall extend to and include the mayor and aldermen of cities; "trustees" shall extend to and include bailiffs of incorporated villages; and the laws applicable to the inhabitants and officers of towns shall be applicable to the inhabitants and similar officers of all municipal corporations. See
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.
Transfer: means a transaction that creates custodial property under section 3219 of this title. See
Transferor: means a person who makes a transfer under this chapter. See
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Tribunal: means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child. See
Trustee: includes an original, additional, or successor trustee, whether or not appointed or confirmed by a court. See
Trustee: A person or institution holding and administering property in trust.
Trustee: means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. See
Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
Unavailability: means the inability of an individual to manage property or business affairs because the individual is:
User: means a person who has an account with a custodian. See
Venue: The geographical location in which a case is tried.
Village: shall mean an incorporated village. See
Vulnerable: means there is reasonable cause to suspect that a child's health, safety, or welfare is in jeopardy due to abuse, neglect, abandonment, or similar circumstances and that return to the child's or the child's parent's country of origin or country of last habitual residence would not be in the best interests of the child. See
Wage withholding order: means a transfer from the obligor to the obligee of the right to receive a portion of the obligor's wages directly from the obligor's employer. See
Wages: means any compensation paid or payable for personal services, whether designated as wages, salary, commission, bonuses, or otherwise, and shall include periodic payments under pension or retirement programs, workers' compensation, or insurance policies of any type. See
Ward: means a beneficiary of the Veterans' Administration. See
Warrant: means an order issued by a court authorizing law enforcement officers to take physical custody of a child. See
Waste: means a material that is discarded or is being accumulated, stored, or physically, chemically, or biologically treated prior to being discarded or has served its original intended use and is normally discarded or is a manufacturing or mining by-product and is normally discarded. See
Writ: A formal written command, issued from the court, requiring the performance of a specific act.