Sentences with phrase «entity under state law»

One is formation of an entity under state law which is governed by state law.

After insisting the California Teachers Association is a government entity under state law, Sotomayor wondered aloud if the government itself could fund public employee unions in the absence of agency fees.

Not exact matches

People, person, or persons as used in this Constitution does not include corporations, limited liability companies or other corporate entities established by the laws of any state, the United States, or any foreign state, and such corporate entities are subject to such regulation as the people, through their elected state and federal representatives, deem reasonable and are otherwise consistent with the powers of Congress and the States under this Constitution.

This discussion also does not consider any specific facts or circumstances that may be relevant to holders subject to special rules under the U.S. federal income tax laws, including, without limitation, certain former citizens or long - term residents of the United States, partnerships or other pass - through entities, real estate investment trusts, regulated investment companies, «controlled foreign corporations,» «passive foreign investment companies,» corporations that accumulate earnings to avoid U.S. federal income tax, banks, financial institutions, investment funds, insurance companies, brokers, dealers or traders in securities, commodities or currencies, tax - exempt organizations, tax - qualified retirement plans, persons subject to the alternative minimum tax, persons that own, or have owned, actually or constructively, more than 5 % of our common stock and persons holding our common stock as part of a hedging or conversion transaction or straddle, or a constructive sale, or other risk reduction strategy.

(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.

In the event you fail to pay for the access granted (if applicable), and / or share the access granted with any person or entity, or misuse the Service by any means actionable under a federal, state, or local statute, code, regulation, law, and / or civil action, we will consider your access as having been acquired by fraud or misrepresentation and will terminate your access.

The state Democratic Committee, an entity under the control of the governor, seized on a Daily News column that found DeFrancisco's law firm took advantage of a state break that had been approved before Cuomo was elected in 2010.

Those under investigation include Joseph Percoco, one of Cuomo's closest aides, and Todd Howe, a lobbyist whose law firm had relationships with several companies that received work from the state as well as state entities in charge of awarding that work.

«We can find no exception to the requirement that those entities register as lobbyists and report their lobbying as required under state law.»

The entities were formed under the Not - for Profit Corporations Law, and because they are independent not - for - profit corporations, they can do their own contracting, according to the office of state Comptroller Tom DiNapoli.

Earlier, while introducing members of the Governing Council, the State's Attorney General and Commissioner for Justice, Mr. Adeniji Kazeem recalled that the CMC was established in 1999 as a unit under the Directorate of Citizens» Right of the Lagos State Ministry of Justice before it emerged as an entity by law in 2007 to provide speedy free legal services to the needy and residents of the State irrespective of tribe, race and religion.

UFT lawyers argue that «while charter schools may receive some funding from private entities, they are overwhelmingly funded by public tax dollars and they are subject to the disclosure requirements applicable to government agencies under the New York state Freedom of Information Law.»

Under state law, the suits argued, only schools under the «exclusive control» of a public entity could receive state education mUnder state law, the suits argued, only schools under the «exclusive control» of a public entity could receive state education munder the «exclusive control» of a public entity could receive state education money.

Many schools that reach NCLB's restructuring phase, rather than implementing one of the law's stated interventions (close and reopen as a charter school, replace staff, turn the school over to the state, or contract with an outside entity), choose the «other» option, under which they have considerable flexibility to design an improvement strategy of their own (see «Easy Way Out,» forum, Winter 2007).

State and Federal laws and regulations that allow for that diversity can also lead to some lack of clarity, especially as charter schools are concurrently governed by corporate not for profit laws and are public entities under Government and Education Codes.

Under Malloy's proposed «Commissioner's Network» system, the commissioner of education will take over 25 failing schools, fire the staff, ban collective bargaining, turn the schools over to a third party and that entity will then be legally exempt from the state's laws requiring competitive bidding and the law limiting the use of outside consultants.

• School Expansion, Growth & Strategic Planning • State and Federal Employment Law • School Board and Nonprofit Governance • Administrative Law & Appeals of State and Federal Agency Decisions and Actions • Special Investigations & Legal / Compliance Audits • Policy Guidance and Development • Constitutional Challenges and Claims • School Employee and School Board Training • Litigation in Federal and State Courts • Administrative Hearings and Appeals Before State and Federal Agencies • Public Entity Purchasing and Procurement; Business Transactions; & Contract Negotiation, Review and Drafting • Construction Law, AIA Construction Contracts, Review and Drafting • Real Estate Transactions and Condemnation • Special Education under IDEA and Section 504 • Student Rights & Discipline Issues and Hearings • State and Federal Claims of Discrimination • State and Federal Civil Rights • Administrative Grievances and Hearings • False Claims Act / Qui Tam Defense for Local Government Entities

The bill gave the authority to approve charter schools to the state legislature instead of keeping it in the hands of the officials at State Board of Education, who are appointed by the governor, and would make charter schools responsible under the Freedom of Information laws to disclose the same information as all other publicly funded entistate legislature instead of keeping it in the hands of the officials at State Board of Education, who are appointed by the governor, and would make charter schools responsible under the Freedom of Information laws to disclose the same information as all other publicly funded entiState Board of Education, who are appointed by the governor, and would make charter schools responsible under the Freedom of Information laws to disclose the same information as all other publicly funded entities.

Mr. Lopez has defended numerous school districts, charter schools, other governmental entities and private employers from claims under state and federal constitutional claims, Title VII, the Age Discrimination in Employment Act, the Family Medical Leave Act, the Americans with Disabilities Act, the Texas Commission on Human Rights Act, workers» compensation retaliation, the Texas Whistleblower Act and state law tort claims.

Grants charter schools sovereign immunity equal to what public entities currently have under state law.

(i) Any person or entity authorized to make loans or extensions of credit under the laws of this state or the United States, which person or entity is subject to regulation and supervision by this state or the United States or a lender approved by the United States Secretary of Housing and Urban Development for participation in any mortgage insurance program under the National Housing Act;

The attorneys of Trepanier MacGillis Battina P.A. can quickly and effectively organize your business, whether you elect to organize as a C - corporation, S - corporation, limited liability company, or other legal entity under Minnesota law, Delaware law, or the law of another state.

In order to maintain the limited liability protection afforded legal entities organized under the laws of a jurisdiction, entities must follow certain legal requirements pursuant to the laws of its state of formation.

This is also important for entities with locations in Europe operating under privacy laws differing from the United States.

Subject to paragraph 2, a Contracting State may at any time designate an entity or entities in its territory as the entry point or entry points through which there shall or may be transmitted to the International Registry information required for registration other than registration of a notice of a national interest or a right or interest under Article 40 in either case arising under the laws of another State.

Under state law, federally tax - exempt entities are exempt from Kentucky's Corporate Income Taxes.

Under Vermont law, no new State of Vermont was created at that time, but rather the same state continued to exist, and Congress said that the entity that had petitioned them for admission was «the State of Vermont», and they were granting the petiState of Vermont was created at that time, but rather the same state continued to exist, and Congress said that the entity that had petitioned them for admission was «the State of Vermont», and they were granting the petistate continued to exist, and Congress said that the entity that had petitioned them for admission was «the State of Vermont», and they were granting the petiState of Vermont», and they were granting the petition.

You should note the distinction between international commercial arbitration (the prior two links) and arbitration under public international law which is conducted according to international law and / or treaties and / or contracts between private entities and States.

Hence, the most likely outcome would be the separation of Scotland from the UK to create an entirely new entity under international law known as the successor state, while «rUK» would continue to exist and would retain the legal identity of the UK, known as the continuator or predecessor state.

Various online resources claim that if you register a company in another state while living in California, then under California law, you have to also register the company in California as a «foreign» entity, thus making the whole process cost twice as much and requiring you to pay twice as much in taxes, essentially making the whole approach useless.

The New York law applies to any entity that receives a license, a registration, a charter, a certificate or a permit under the New York State banking laws, insurance laws or financial services law, and so let's look at the administrative controls and it's very similar to the NIST framework in some respects as well.

Advising the Albanian Compensation and Restitution Agency, a State entity, on the compatibility with the ECHR of Albania's proposed new draft law on redress for mass expropriation under the former Communist regime

However, there may be advantages to organizing your business under the laws of a state other than Delaware, or as an entity other than a corporation, which is why we also offer documents to form a limited liability company.

In California, for instance, you have to file a claims form with the agency or entity in question and wait for them to decide if the lawsuit is legal under state law.

The doctor defended by stating that the parent company's merger with another entity made the plaintiff a successor under the law that could not enforce the restrictive covenant.

Moreover, our Manhattan, Stamford and White Plains trip and fall lawyers are committed to rooting out the reason for the slip and fall accident, and collecting necessary evidence of the owner, contractor or other entity's negligence in order to obtain the maximum compensation which is allowed under New York State Law.

Covington & Burling LLP is a global law firm comprising Covington & Burling LLP which is formed under the laws of the State of New York in the United States of America and other affiliated entities.

Thus, if a state FOIA law designates death records and autopsy reports as public information that must be disclosed, a covered entity may disclose it without an authorization under the rule.

To the extent that disclosures to family members and others in these situations currently are allowed under state law and covered entities» own rules, § 164.510 (b) allows covered entities to continue making them in these situations, consistent with the exercise of professional judgement as to the patient's best interest.

To the extent state laws contain provisions regarding portability, access, or renewability, as well as privacy requirements, a covered entity will need to evaluate the privacy provisions under the Title II preemption provisions, as explained in the preemption provisions of the rules, and the other provisions under the Title I preemption requirements.

Health oversight agency means an agency or authority of the United States, a State, a territory, a political subdivision of a State or territory, or an Indian tribe, or a person or entity acting under a grant of authority from or contract with such public agency, including the employees or agents of such public agency or its contractors or persons or entities to whom it has granted authority, that is authorized by law to oversee the health care system (whether public or private) or government programs in which health information is necessary to determine eligibility or compliance, or to enforce civil rights laws for which health information is relevant.

Furthermore, if the state law creates an affirmative and binding legal obligation on the covered entity to make disclosures to family or other persons under specific circumstances, the final rule allows covered entities to comply Start Printed Page 82665with these legal obligations.

This new provision permits covered entities to make disclosures necessary for the effective functioning of OSHA and MSHA requirements, or those of similar state laws, by permitting a health care provider to make disclosures without the authorization of the individual concerning work - related injuries or illnesses or workplace medical surveillance in situations where the employer has a duty under OSHA and MSHA requirements, or under a similar state laws, to keep records on or act on such information.

Under § 164.506 (e), when the terms of a covered entity's consent conflict with the terms of another written legal permission from the individual to use or disclose protected health information (such as a consent obtained under state law by another covered entity or an authorization), the covered entity must adhere to the more restrictive docuUnder § 164.506 (e), when the terms of a covered entity's consent conflict with the terms of another written legal permission from the individual to use or disclose protected health information (such as a consent obtained under state law by another covered entity or an authorization), the covered entity must adhere to the more restrictive docuunder state law by another covered entity or an authorization), the covered entity must adhere to the more restrictive document.

In addition, the final rule allows covered entities to initiate disclosures of protected health information about victims without the victim's permission to law enforcement officials only if such disclosure is required under a state mandatory reporting law.

Under § 164.502 (j), we specifically state that a covered entity is not considered to have violated the regulation if a workforce member or business associate in good faith reports violations of laws or professional standards by covered entities to appropriate authorities.

(s) «non-consensual right or interest» means a right or interest conferred under the law of a Contracting State which has made a declaration under Article 39 to secure the performance of an obligation, including an obligation to a State, State entity or an intergovernmental or private organisation;

Third, the preemption occurs only for covered entities; a state law that is preempted under section 1178 (a)(1) would not be preempted for persons and entities to which it applies who are not covered entities.

The NPRM included a provision, in § 164.510 (f)-- Disclosure for Law Enforcement Purposes — that would allow covered entities to disclose protected health information without consent for the conduct of lawful intelligence activities under the National Security Act, and in connection with providing protective services to the President or to foreign heads of state pursuant to 18 U.S.C. 3056 and 22 U.S.C. 2709 (a)(3) respectively.

Response: These rules permit covered entities to make disclosures that are required by state Freedom of Information Act (FOIA) laws under § 164.512 (a).