Sentences with phrase «defined under state law»

The NPRM defined next - of - kin as defined under state law.

Not exact matches

The complaint states that in promulgating the final revisions to PTE 84 - 24, which make the exemption available to «fixed rate annuities,» as defined by DOL, but not to one class of fixed annuities — specifically, «fixed indexed annuities» — the Department «acted without providing adequate notice and an opportunity for comment, reflecting arbitrary and capricious conduct in excess of its statutory authority and in clear violation of its obligations to make necessary findings under applicable law.»

The parties to each marriage that is valid under the law of any state will be treated as a spouse as defined in this policy.

Individuals in other arrangements, such as civil unions, registered domestic partnerships, or other similar arrangements, that aren't recognized as a valid marriage under relevant state law won't be treated as married or as spouses as defined in this policy for federal tax purposes.

Individuals in other arrangements, such as civil unions, registered domestic partnerships, or other similar arrangements, that are treated as spouses under the applicable state law, will each be treated as a spouse as defined in this policy for state law purposes.

However, individuals in other arrangements, such as civil unions, registered domestic partnerships, or other similar arrangements, that are not recognized as marriage under the relevant state law, will not be treated as married or as spouses as defined in this policy for federal tax purposes.

(1) engage in the «Geographic Area» (as defined below) as an employee, agent, consultant, advisor, independent contractor, proprietor, partner, officer, director, or otherwise of a Competing Business (as defined below); (2) have any ownership interest (except for passive ownership of one percent (1 %) or less in any entity whose securities have been registered under the Securities Act of 1933 or Section 12 of the Securities Exchange Act of 1934 or the securities laws of any other jurisdiction of the United States) in a Competing Business; or (3) participate in the financing, operation, management, or control of a Competing Business.

Please note that this article attempts to provide information about your tax obligations as defined by United States law (and interpreted by the IRS under the direction of the Treasury Department).

Mandatory Palestine was a geographic area with defined borders and under British Rule up until 1948 when the Jews decided to take UN Resolution 181 as law and claim that the borders defined in 181 defined a new State of Israel.

The controversial legislation, often called DOMA, defines marriage for federal purposes as unions only between a man and woman, and excludes same - sex unions, even those valid under state law.

Erie County, NY - In October of 2014, Erie County Legislator Patrick Burke (D - 7th District) submitted a resolution that would deem the practice of conversion therapy to be defined as maltreatment under the law in Erie County and New York State.

«The federal Defense of Marriage Act clearly violates the principle of equal justice under law as enshrined in the U.S. Constitution and improperly intrudes on the traditional role of states in defining marriage,» Schneiderman said in a statement.

Kehoe argued that under Doe v. Bolton, another landmark case on abortion defining health risks abortion might remedy, the broad language would allow for abortions even when a mother is not in significant danger, an expansion over previous New York State law requiring a life - threatening condition.

As defined in publications of the Institute for Creation Research and in laws passed or under consideration by several state legislatures, this doctrine includes the statement that the entire universe was created relatively recently, i.e., less than 10,000 years ago.

Interestingly enough, regarding climate change, there are efforts to have a resolution passed in the UN General Assembly that would ask the ICJ for an advisory opinion that would define states» obligations and responsibilities with respect to greenhouse emissions under international law (see policy brief issued by The Hague Institute for Global Justice).

This report, «An Evidence - Based Approach to School Finance Adequacy in Washington,» claims to present scientific evidence of exactly what needs to be done to bring every child to proficiency as defined under state and federal law.

Mastery is also expected to file an application to open schools in Camden under the state's Urban Hope Act, a new law that defines a different kind of charter school, one that operates within the confines of the district but is also eligible for greater funding.

Under the ESSA law, there is now a «Recognition School» program, but the state hasn't yet defined how a school earns that designation and whether any financial award will be associated with it.

ESSA requires state accountability plans under the law to demonstrate «Evidence - based interventions» and defines «Evidence - based» in four tiers.

(B) «Credit repair services organization» does not include: (i) Any person authorized to make loans or extensions of credit under the laws of this state or the United States who is subject to regulation and supervision by this state or the United States; (ii) Any bank or savings and loan institution whose deposits or accounts are eligible for insurance by the Federal Deposit Insurance Corporation or the Savings Association Insurance Fund of the Federal Deposit Insurance Corporation; (iii) Any nonprofit organization exempt from taxation under Section 501 (c)(3) of the Internal Revenue Code of 1986; (iv) Any person licensed as a real estate broker by this state if the person is acting within the course and scope of that license; (v) Any person licensed to practice law in this state if the person renders services within the course and scope of his or her practice as an attorney; (vi) Any broker - dealer registered with the Securities and Exchange Commission or the Commodity Futures Trading Commission if the broker - dealer is acting within the course and scope of those regulatory agencies; or (vii) Any consumer reporting agency as defined in the federal Fair Credit Reporting Act (15 U.S.C. 1681 - 1681t).

Bank of America and Fair Isaac are not credit repair organizations as defined under federal or state law, including the Credit Repair Organizations Act.

(b) engaged as an «investment advisor» as that term is defined in Section 201 (11) of the Investment Advisor's Act of 1940 (whether or not registered or qualified under that Act), nor (c) employed by a bank or other organization exempt from registration under Federal and / or state securities laws to perform functions that would require him or her to be so registered or qualified if he or she were to perform such functions for an organization not so exempt.

First Bankcard and FICO are not credit repair organizations as defined under federal or state law, including the Credit Repair Organizations Act.

whether the consumer credit transaction or other transaction is made under the provisions of the National Housing Act, or where the creditor is exempt from licensing under this chapter, (ii) where the credit transaction is not a consumer transaction, (iii) where the credit transaction is by a trust institution as defined in Section 5 - 12A - 1 (1), in its capacity as a fiduciary under any plan or agreement qualified under 26 USC 401 (a) or defined by 5 USC 8437, 26 USC 403 (b), or 26 USC 457, or a trust exempt under 26 USC 501, or (iv) to any municipal pension system created under the laws of the State of Alabama.

SoFi is not a credit repair organization as defined under federal or state law, including the Credit Repair Organizations Act.

HSBC Bank USA, N.A. and Fair Isaac are not credit repair organizations as defined under federal or state law, including the Credit Repair Organizations Act.

The parties to each marriage that is valid under the law of any state will be treated as a spouse as defined in this policy.

Under the terms of the Advisory Agreement, each Fund is responsible for the payment of the following expenses among others: (a) the fees payable to the Adviser, (b) the fees and expenses of Trustees who are not affiliated persons of the Adviser or Distributor (as defined under the section entitled («The Distributor»)(c) the fees and certain expenses of the Custodian (as defined under the section entitled «Custodian») and Transfer and Dividend Disbursing Agent (as defined under the section entitled «Transfer Agent»), including the cost of maintaining certain required records of the Fund and of pricing the Fund's shares, (d) the charges and expenses of legal counsel and independent accountants for the Fund, (e) brokerage commissions and any issue or transfer taxes chargeable to the Fund in connection with its securities transactions, (f) all taxes and corporate fees payable by the Fund to governmental agencies, (g) the fees of any trade association of which the Fund may be a member, (h) the cost of fidelity and liability insurance, (i) the fees and expenses involved in registering and maintaining registration of the Fund and of shares with the SEC, qualifying its shares under state securities laws, including the preparation and printing of the Fund's registration statements and prospectuses for such purposes, (j) all expenses of shareholders and Trustees» meetings (including travel expenses of trustees and officers of the Trust who are not direcUnder the terms of the Advisory Agreement, each Fund is responsible for the payment of the following expenses among others: (a) the fees payable to the Adviser, (b) the fees and expenses of Trustees who are not affiliated persons of the Adviser or Distributor (as defined under the section entitled («The Distributor»)(c) the fees and certain expenses of the Custodian (as defined under the section entitled «Custodian») and Transfer and Dividend Disbursing Agent (as defined under the section entitled «Transfer Agent»), including the cost of maintaining certain required records of the Fund and of pricing the Fund's shares, (d) the charges and expenses of legal counsel and independent accountants for the Fund, (e) brokerage commissions and any issue or transfer taxes chargeable to the Fund in connection with its securities transactions, (f) all taxes and corporate fees payable by the Fund to governmental agencies, (g) the fees of any trade association of which the Fund may be a member, (h) the cost of fidelity and liability insurance, (i) the fees and expenses involved in registering and maintaining registration of the Fund and of shares with the SEC, qualifying its shares under state securities laws, including the preparation and printing of the Fund's registration statements and prospectuses for such purposes, (j) all expenses of shareholders and Trustees» meetings (including travel expenses of trustees and officers of the Trust who are not direcunder the section entitled («The Distributor»)(c) the fees and certain expenses of the Custodian (as defined under the section entitled «Custodian») and Transfer and Dividend Disbursing Agent (as defined under the section entitled «Transfer Agent»), including the cost of maintaining certain required records of the Fund and of pricing the Fund's shares, (d) the charges and expenses of legal counsel and independent accountants for the Fund, (e) brokerage commissions and any issue or transfer taxes chargeable to the Fund in connection with its securities transactions, (f) all taxes and corporate fees payable by the Fund to governmental agencies, (g) the fees of any trade association of which the Fund may be a member, (h) the cost of fidelity and liability insurance, (i) the fees and expenses involved in registering and maintaining registration of the Fund and of shares with the SEC, qualifying its shares under state securities laws, including the preparation and printing of the Fund's registration statements and prospectuses for such purposes, (j) all expenses of shareholders and Trustees» meetings (including travel expenses of trustees and officers of the Trust who are not direcunder the section entitled «Custodian») and Transfer and Dividend Disbursing Agent (as defined under the section entitled «Transfer Agent»), including the cost of maintaining certain required records of the Fund and of pricing the Fund's shares, (d) the charges and expenses of legal counsel and independent accountants for the Fund, (e) brokerage commissions and any issue or transfer taxes chargeable to the Fund in connection with its securities transactions, (f) all taxes and corporate fees payable by the Fund to governmental agencies, (g) the fees of any trade association of which the Fund may be a member, (h) the cost of fidelity and liability insurance, (i) the fees and expenses involved in registering and maintaining registration of the Fund and of shares with the SEC, qualifying its shares under state securities laws, including the preparation and printing of the Fund's registration statements and prospectuses for such purposes, (j) all expenses of shareholders and Trustees» meetings (including travel expenses of trustees and officers of the Trust who are not direcunder the section entitled «Transfer Agent»), including the cost of maintaining certain required records of the Fund and of pricing the Fund's shares, (d) the charges and expenses of legal counsel and independent accountants for the Fund, (e) brokerage commissions and any issue or transfer taxes chargeable to the Fund in connection with its securities transactions, (f) all taxes and corporate fees payable by the Fund to governmental agencies, (g) the fees of any trade association of which the Fund may be a member, (h) the cost of fidelity and liability insurance, (i) the fees and expenses involved in registering and maintaining registration of the Fund and of shares with the SEC, qualifying its shares under state securities laws, including the preparation and printing of the Fund's registration statements and prospectuses for such purposes, (j) all expenses of shareholders and Trustees» meetings (including travel expenses of trustees and officers of the Trust who are not direcunder state securities laws, including the preparation and printing of the Fund's registration statements and prospectuses for such purposes, (j) all expenses of shareholders and Trustees» meetings (including travel expenses of trustees and officers of the Trust who are not directors,

Discover Financial Services and Fair Isaac are not credit repair organizations as defined under federal or state law, including the Credit Repair Organizations Act.

First Bankcard and Fair Isaac are not credit repair organizations as defined under federal or state law, including the Credit Repair Organizations Act.

SoFi is not a Credit Repair Organization as defined under federal or state law, including the Credit Repair Organizations Act.

Also the wording of the law in Ontario states that a pit bull is defined under law as «a pit bull terrier, staffordshire terrier or ANY DOG THAT SUFFICIENTLY RESEMBLES A PIT BULL»!!!!! Which basically means that a boxer lab mix, american bulldog, or any other short haired dog mix could be labelled as a pit bull and killed as a result.

The bills define industrial hemp, exclude it from the definition of «marihuana» in the Controlled Substances Act, and give states the exclusive authority to regulate the growing and processing of industrial hemp under state law.

For purposes of this subsection, «State - approved production incentive program» means a requirement imposed pursuant to State law, or by a State regulatory authority acting within its authority under State law, that an electric utility purchase renewable energy (as defined in section 609 of this Act) at a specified rate.».

The bills define industrial hemp, exclude it from the definition of «marihuana» in the Controlled Substances Act, and gives states the exclusive authority to regulate the growing and processing of industrial hemp under state law.

The bills define industrial hemp, exclude it from the definition of «marihuana» in the Controlled Substances Act (CSA), and give states the exclusive authority to regulate the growing and processing of the crop under state law.

Originally introduced by Representatives Jared Polis (D - CO), Thomas Massie (R - KY) and Earl Blumenauer (D - OR), the amendment allows State Agriculture Departments, colleges and universities to grow hemp, defined as the non-drug oilseed and fiber varieties of Cannabis, for academic or agricultural research purposes, but it applies only to states where industrial hemp farming is already legal under stateState Agriculture Departments, colleges and universities to grow hemp, defined as the non-drug oilseed and fiber varieties of Cannabis, for academic or agricultural research purposes, but it applies only to states where industrial hemp farming is already legal under statestate law.

The Court also stated that a Member State has the power to define the connecting factors to determine whether a company is incorporated under the law of that Member State.

The power of the Member States to define the connecting factor required of a company to be regarded as a company under its national law is not infringed by the obligation under Article 49 and 54 TFEU to permit a cross-border conversion (par.

The judges drew a distinction between a «mere maildrop» and unused office space, stating that the latter provided a greater accountability, passing muster under the local rules defining a principal law office.

(1) A person is subject to prosecution in this state for an offense which he commits, by his own conduct or that of another for which he is legally accountable, if: (a) The conduct constitutes an offense and is committed either wholly or partly within the state; or (b) The conduct outside the state constitutes an attempt, as defined by this code, to commit an offense within the state; or (c) The conduct outside the state constitutes a conspiracy to commit an offense within the state, and an act in furtherance of the conspiracy occurs in the state; or (d) The conduct within the state constitutes an attempt, solicitation, or conspiracy to commit in another jurisdiction an offense prohibited under the laws of this state and such other jurisdiction.

It should be noted that the legislature may define the content of notions used in laws, however, the requirement to heed the hierarchy of the legal acts which stems from the Constitution, inter alia, the constitutional principle of a state under the rule of law, implies that the content of the notions used in laws may be defined (inter alia, construed) only by means of a law and not by means of a legal act of lower legal force.

For example, a criminal code might define law enforcement officer in reference to arrest power, while another statute might used the term for H.R. and licensing regulations, and a third might use a functional definition for eligibility for a certain kind of tax deduction under state law.

By its criminal law, each Member State sets the framework of its public policy, since it defines the conduct which it prohibits under pain of sanctions.

Fourth, in § 160.203, several criteria relating to the statutory grounds for exception determinations have been further spelled out: (1) The words «related to the provision of or payment for health care» have been added to the exception for fraud and abuse; (2) the words «to the extent expressly authorized by statute or regulation» have been added to the exception for state regulation of health plans; (3) the words «of serving a compelling need related to public health, safety, or welfare, and, where a standard, requirement, or implementation specification under part 164 of this subchapter is at issue, where the Secretary determines that the intrusion into privacy is warranted when balanced against the need to be served» have been added to the general exception «for other purposes»; and (4) the statutory provision regarding controlled substances has been elaborated on as follows: «Has as its principal purpose the regulation of the manufacture, registration, distribution, dispensing, or other control of any controlled substance, as defined at 21 U.S.C. 802, or which is deemed a controlled substance by state law.»

(3) A health maintenance organization, defined as a federally qualified health maintenance organization, an organization recognized as a health maintenance organization under state law, or a similar organization regulated for solvency under state law in the same manner and to the same extent as such a health maintenance organization.

Health maintenance organization (HMO)(as defined in section 2791 (b)(3) of the PHS Act, 42 U.S.C. 300gg - 91 (b)(3) and used in the definition of health plan in this section) means a federally qualified HMO, an organization recognized as an HMO under State law, or a similar organization regulated for solvency under State law in the same manner and to the same extent as such an HMO.

This is not only the most natural reading, it's the only one that doesn't lead to an absurd result: if it defined the state judicial power as well, then no court would have jurisdiction over a lawsuit between two residents of the same state under state law.

(I) Whether one of the parties has committed an act of child abuse or neglect as defined in section 18-6-401, C.R.S., or as defined under the law of any state, which factor must be supported by a preponderance of the evidence.

The topics covered include justiciability, congressional authority to define and limit federal court jurisdiction, federal common law and implied rights of action, the application of state law in federal courts under the Erie doctrine, civil rights actions and immunities of state officials and governments, and habeas corpus.