Terms Used In CFR > Title 43 > Subtitle A > Part 49 > Subpart F - Civil Penalties

• act: means the Trust Indenture Act of 1939. See 17 CFR 260.0-2
• affiliate: means a person controlling, controlled by, or under common control with, another person. See 17 CFR 260.0-2
• agent for service: means the person authorized to receive notices and communications from the Commission. See 17 CFR 260.0-2
• amount: when used in regard to securities, shall have the meaning given in § 260. See 17 CFR 260.0-2
• 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.
• 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
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• class: when used in regard to securities, shall have the meaning given in § 260. See 17 CFR 260.0-2
• control: means the power to direct the management and policies of a person, directly or through one or more intermediaries, whether through the ownership of voting securities, by contract, or otherwise. See 17 CFR 260.0-2
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Dependent: A person dependent for support upon another.
• Docket: A log containing brief entries of court proceedings.
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Federal land manager: is synonymous with "authorized officer. See 43 CFR 49.5
• outstanding: when used in regard to securities, shall have the meaning given in § 260. See 17 CFR 260.0-2
• Oversight: Committee review of the activities of a Federal agency or program.
• 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.
• 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}
• rules and regulations: means all rules and regulations adopted by the Commission pursuant to the act, including the forms and instructions thereto. See 17 CFR 260.0-2
• Service of process: The service of writs or summonses to the appropriate party.
• 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.