Sentences with phrase «application of rules such»

You won't be able to use this shortcut for sales of noncovered securities (such as stocks you bought before 2011 or mutual fund shares from before 2012), or for items requiring adjustments due to application of rules such as the wash sale rule.

Not exact matches

In addition, it does not describe all of the tax consequences that may be relevant in light of a U.S. Holder's particular circumstances, including non-U.S. tax consequences, state and local tax consequences, estate tax consequences, alternative minimum tax consequences, the potential application of the Medicare contribution tax, and tax consequences applicable to U.S. Holders subject to special rules, such as:

If I may presume, however, to speculate about the ground of his teaching, I would suggest that the key to the matter is the application of the Golden Rule of fairness to the question of supporting such laws.

«In addition to identifying the impacts of the emissions from this particular coal - fired power plant on fetal health, the usefulness of this study's identification strategy is its potential application to other studies examining the impact of upwind states» power plant emissions, which have been the target of a series of environmental regulations, such as the EPA's Cross-State Air Pollution Rule,» adds Yang.

In connection with any such proposed application the attorney general is authorized to take proof and make a determination of the relevant facts and to issue subpoenas in accordance with the civil practice law and rules, and direct restitution.

The highly - publicized shootings and other acts of violence which have taken place in public schools have resulted in the application of stringent rules and security measures such as metal detectors to help create and maintain a safe learning environment.

The new ruling though should not come as a surprise for there already exists such taxes — the Copie Privée levy — on all blank digital storage mediums such as CDs, DVDs and Blu ray disks on the ground that these may find application in the illegal spread of copyrighted materials.

MWAMWA's Official Decision: That because Harlequin's for pay publishing business violates MWA's rules for approved publishers, MWA takes the following action: First, Harlequin shall be removed from MWA's list of approved publishers upon the adoption of this motion; Second, that all current active status members of MWA whose status is based upon books published by Harlequin shall remain active status members; Third, that MWA decline applications for active membership based upon books published by Harlequin pursuant to contracts entered into after the effective date of this motion; Fourth, that books published by Harlequin pursuant to contracts entered into prior to the adoption of this motion shall be eligible for the Edgar ® Awards, except that books published by DellArte Press shall not be eligible for the Edgar ® Awards regardless of when such contract was entered into; and Fifth that books published by Harlequin pursuant to contracts entered into after the adoption of this motion shall not be eligible for the Edgar ® Awards.

Toshiba is also including a number of unique applications on the Excite Write, one of which is a notebook application that gives you a number of different notebooks to write in, such as notebooks that feature college - ruled pages, graph paper, etc..

The state tax exemption for interest on in - state bonds will not necessarily extend to capital gain resulting from the sale or disposition of such bonds (or ordinary income resulting from the application of the market discount rules).

The OIG report argues the payments made under the ELT agreements represented payments for loan applications and not payments for loans already made, and as such represented a violation of the prohibited inducement rules.

Graham's net current asset value rule for acquiring sub-liquidation stocks is an example of such a simple, unambiguous investment strategy; simple to calculate, with concrete rules for its application.

If the Administrator finds that the financial responsibility, experience, character and general fitness of the applicant are such as to warrant belief that the business will be operated pursuant to the Credit Services Organization Act and rules promulgated pursuant thereto, the Administrator shall grant the application and issue to the applicant a license which will evidence his authority to do business under the provisions of the Credit Services Organization Act.

Except as expressly provided herein, any claim, dispute or controversy (whether based upon contract; tort, intentional or otherwise; constitution; statute; common law; or equity and whether pre-existing, present or future), including initial claims, counter-claims, cross-claims and thirdparty claims, arising from or relating to (i) the Card; (ii) any service relating to the Card; (iii) the marketing of the Card; (iv) this Cardholder Agreement, including the validity, enforceability, interpretation, scope, or application of the Agreement and this arbitration provision (except for the prohibition on class or other non-individual claims, which shall be for a court to decide); and (v) any other agreement or instrument relating to the Card or any such service («Claim») shall be decided, upon the election of you or the Bank (or Green Dot Corporation or the Bank's agents, employees, successors, representatives, affiliated companies, or assigns), by binding arbitration pursuant to this arbitration provision and the applicable rules and procedures of the arbitration administrator in effect at the time the Claim is filed.

To the fullest extent permitted by law, by your access to the Sites, you agree that: (i) any claim, dispute or cause of action regarding the Sites or these Terms shall be brought individually (NOT AS PART OF A CLASS ACTION) in the federal or state courts of the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof action regarding the Sites or these Terms shall be brought individually (NOT AS PART OF A CLASS ACTION) in the federal or state courts of the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New YorkOF A CLASS ACTION) in the federal or state courts of the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof the law of any jurisdiction other than the State of New Yorkof any jurisdiction other than the State of New Yorkof New York).

Being denied for too many recent credit applications, however, is a frequent issue faced by cardholders regardless of their credit, such as victims of Chase's infamous «5/24 Rule.»

With such limited redemption options and Chase's «5/24» rule limiting you to five Chase cards in a 24 - month period, it makes little sense to waste an application on this card, given the plethora of better options.

-- Not later than 2025 and at 5 - year intervals thereafter, the Administrator shall review the standards for new covered EGUs under this section and shall, by rule, reduce the maximum carbon dioxide emission rate for new covered EGUs to a rate which reflects the degree of emission limitation achievable through the application of the best system of emission reduction which (taking into account the cost of achieving such reduction and any nonair quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated.

Blog posts cover topics such as procedures for filing and prosecuting patent applications under the new AIA rules, post-grant proceedings before the PTAB including post-grant review of covered business method patents and inter partes review, and supplemental examination procedures now available to patent owners.

The Court, by adopting a literal interpretation of the concept of controller and eschewing any subjective component, preserved the broad scope of application of the Directive and emphasised the importance of such a broad scope of application for the effectiveness of data protection rules.

The use of such information for other purposes, in particular for the application of EU competition rules, is explicitly excluded in the proposed Regulation (see both the Commission's Explanatory Memorandum and Recital 14).

The problems with such an approach are however evident: for instance, could a company plead ignorance in order to avoid the application of the rules?

If, as with investor state dispute settlement, such a claim would bypass the national courts and thus the preliminary ruling architecture, then the decision of the joint court would constitute an application of the EU law manifested in the withdrawal agreement with a result that would be binding upon the host Member State in question.

The ICS will include an appeal mechanism, giving the tribunal appellate jurisdiction over (a) errors in the application or interpretation of applicable law; (b) manifest errors in the appreciation of the facts, including the appreciation of relevant domestic law; and (c) the grounds set out in Article 52 (1) of the ICSID Convention, such as the presence of corruption or a serious departure from the fundamental rules of procedure.

(11) The trade union shall deliver a copy of the application for certification to the employer by such time as is required under the rules made by the Board and, if there is no rule, not later than the day on which the application is filed with the Board.

Such relaxation of the application of the rules of evidence also can be seen in jury trials, including where the judge allows prosecution witnesses to testify to otherwise inadmissible hearsay matters after a prosecutor claims s / he will «tie up» the hearsay loose ends with subsequent testimony and evidence.

73 Although the SBC, which is the basic legislation in the matter, states in Article 12 (4) thereof, that the aim of such surveillance is to apprehend individuals crossing the border illegally, it does not contain any rules concerning the measures which border guards are authorised to apply against persons or ships when they are apprehended and subsequently — such as the application of enforcement measures, the use of force or conducting the persons apprehended to a specific location — or even measures against persons implicated in human trafficking.

Application of new rules before their entry into force can consequently be allowed «only in so far as it clearly follows from their terms, their objectives or their general scheme that such effect must be given to them» (para. 36).

«Provided that those conditions are fulfilled, the application of such rules to the sale of products from another Member State meeting the requirements laid down by that State is not by nature such as to prevent their access to the market or to impede access any more than it impedes the access of domestic products.

It contains the full text of basic banking laws and implementing regulations; agency official bulletins, guidance and advisory opinions; and comment rulings on safety and soundness topics such as application procedures, branches, capital, directors and officers, loans, and trust services.

That the Court is keen to avoid such a conclusion is clear from the argument brought forth in the statement of the Court in paragraphs 46 and 47 of the judgment, where the Court finds that its decision to rule for the non-applicability of the Visa Code does not run contrary to the distinct requirement of the Visa Code to refuse a visa in case there are doubts with regard to the applicant's intention to leave the territory of the Member State after the expiry of the visa — a refusal that would be taken as a result of the application of the Visa Code, not as a result of its non-applicability.

Consequently, «the harmonisation of the rules governing such transactions is intended to prevent the creation of obstacles to the proper functioning of the internal market and the continuing application of divergent measures by Member States.»

For this reason the judgement does not go far in addressing the substance of such applications under the new Civil Rules.

The proposed amendment to Rule 45 (f)(3)(B) incorporates the provisions of former Rule 45 (f)(6), substituting «motion» for «application» for consistency with the general provisions of the Rules and adding the requirement that the practice on such motions is limited to Vermont - admitted lawyers because they are adversary proceedings.

On a positive note, the Ontario Securities Commission's recent approval of the ICO of Token Funder Inc. on Oct. 17 demonstrated the willingness of regulators such as the OSC to work with potential ICO issuers that are willing to play by the rules and carefully consider the application of relevant securities laws and may serve as a path forward as to how an ICO can be successfully navigated within existing securities laws.

Such a ruling would also allow or even compel Investment Tribunals in intra-EU disputes and national courts seized of enforcement proceedings to save from the rule in Achmea any Treaty text that does not explicitly refer to the application of domestic and / or EU Law, and thus undermine any legal certainty that may be thought to have been established in the settlement of disputes under intra-EU BITs.

With all agreements at the OCDE level, it will be possible to eventually harmonise tax regulations from a global perspective to solve the needs and concerns of international tax and cross border tax, which will bring positive results, benefiting taxpayers fairly, such as avoiding double taxation, being able to access greater knowledge, exchange of experiences among tax administrations with the consequent achievement of strengthening the actors that implement and execute the application of substantive rules on tax matters; to acquire and strengthen an application of the norm in a standardised, equitable, compatible and fair manner.

It has justified the application of such rules outside its borders using what Joanne Scott has helpfully termed «territorial extension»: the practice of using a (potentially quite limited) territorial connection with the EU to justify the regulation of conduct taking place in third states.

These may include court rules of general application, such as CPR 31 and its associated Practice Direction in England.

(2) The Lieutenant Governor in Council may make regulations providing for the application of this Part, and the regulations, guidelines, rules and policies under it, to schools or classes of schools referred to in subsection (1), with such modifications as the Lieutenant Governor in Council considers advisable.

While the solicitor for one side does not owe a duty of care to the other party, [195] where there is an obvious mistake the solicitor should promptly notify the other party and then, where the client wishes to use the document, make an application under rule 31.20 of the CPR to allow such use.

FPR 2010, 2.3 (1)(on the interpretation of the FPR 2010) will be amended to insert: ««the 2007 Hague Convention» means the Convention on the International Recovery of Child Support and other forms of Family Maintenance done at The Hague on 23 November 2007» and after the definition of «application notice»: ««Article 11 form» means a form published by the Permanent Bureau of the Hague Conference under Article 11 (4) of the 2007 Hague Convention for use in relation to an application under Article 10 of that Convention, and includes a Financial Circumstances Form as defined in rule 9.3 (1) which accompanies such an application.»

There are also probably some «local rules» in each court addressing issues such as the mailing address and operating hours of the court, the way that hearing dates are scheduled, the process by which motions are considered, the duty if any of parties to confer with each other or engaged in ADR, mandatory pre-trial disclosure obligations, civil cover sheets for new cases, standard deadlines to finish tasks that don't have deadlines in the general application civil rules, preferred forms for certain kinds of motions and orders such as entries of appearance, etc..

A child may apply for leave to participate as a party in private law proceedings under the provisions in r 9.2 A of the Family Proceedings Rules 1991 but such applications remain unusual.

Where the matter touches on nuclear proliferation, the urgency of interim preventative measures, such as that specifically provided by Parliament in the present case, does not permit of the application of the normal rules of fair play, whether required by the common law or the ECHR.

Complexity results from the inherently technical nature of the discipline, which involves the application of general principles to substantive areas of law that differ greatly in their contours and content, combined with the need for doctrine to conform to normative commitments (such as the principles of good administration and the rule of law).

There are also two general rules that apply to such scenarios: 1) retroactive child support extends back three years from the date the paying spouse is given notice (for example by the fact that an application for an adjustment to support is launched with the court), unless there has been blameworthy conduct; and 2) the child must be a «child of the marriage» — and therefore eligible to receive support — at the time the application is made.

I know I am only an attack dog in training - pardon me, I should say student at law — but my reading of the conflicts section of the Ontario Rules of Professional Conduct does not support such a broad application.

Such a ruling will have relevance far beyond the Employment Equality Directive, and could have a positive impact on the application of all secondary law which affects persons with disabilities — including in the areas of transport, the internal market and funding provided by the EU, such as the Structural Funds (see more on these issues heSuch a ruling will have relevance far beyond the Employment Equality Directive, and could have a positive impact on the application of all secondary law which affects persons with disabilities — including in the areas of transport, the internal market and funding provided by the EU, such as the Structural Funds (see more on these issues hesuch as the Structural Funds (see more on these issues here).

Although it is difficult to anticipate the implications of the changes until the registrar confirms his satisfaction pursuant to Rule 54C, one wonders whether such new system will eradicate the «registration gap» between the date on which a transaction is completed and the date upon which it is registered and if so, how procedures that are currently undertaken «post-completion» (e.g the preparation and submission of SDLT returns and Land Registry) as a condition of completion of a registration application will be dealt with.