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Article 1 General Provisions 10-1101 – 10-1105

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Terms Used In Arizona Laws > Title 10 > Chapter 11 - Mergers and Other Restructuring Transactions

  • 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.
  • 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.
  • 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
  • Articles of incorporation: means the original or restated articles of incorporation or articles of merger and all amendments to the articles of incorporation or merger and includes amended and restated articles of incorporation and articles of amendment and merger. See Arizona Laws 10-140
  • Associate director: means the associate director of the division. See Arizona Laws 3-481
  • Authorized delegate: means a person that a licensee designates to engage in money transmission on behalf of the licensee. See Arizona Laws 6-1201
  • Authorized person: means :

    (a) An employee of a public utility that produces, transmits or delivers electricity. See Arizona Laws 40-360.41

  • Bank: means a corporation that holds a banking permit issued pursuant to chapter 2 of this title. See Arizona Laws 6-101
  • Board of directors: means the group of persons vested with the management of the affairs of the corporation irrespective of the name by which the group is designated and includes the governing body or bodies of a water users' association if the articles of incorporation of the water users' association provide for a governing body or bodies denominated other than as a board of directors. See Arizona Laws 10-140
  • business entity: means those parties that contract to perform any function or activity on any land, building, highway or other premises. See Arizona Laws 40-360.41
  • Class: refers to a group of memberships that have the same rights with respect to voting, dissolution, redemption and transfer. See Arizona Laws 10-3140
  • Commission: means the corporation commission. See Arizona Laws 40-201
  • Commission: means the Arizona corporation commission. See Arizona Laws 10-140
  • Commission merchant: means a person that receives on consignment or solicits from the producer any fruit or vegetable for sale on commission on behalf of the producer or that accepts any fruit or vegetable in trust from the producer for the purpose of resale. See Arizona Laws 3-481
  • Common carrier: means a railroad or street railroad. See Arizona Laws 40-201
  • Container: means a box, carton or lug that is used for packing, shipping or selling fruit or vegetables that are authorized by this article or rules adopted pursuant to this article. See Arizona Laws 3-481
  • Contract: A legal written agreement that becomes binding when signed.
  • 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.
  • Dealer: means a person that sells, markets or distributes fruit or vegetables that the person purchased from a producer or markets as an agent, broker or commission merchant, except at retail. See Arizona Laws 3-481
  • Deliver: includes sending by mail, private courier, fax or electronic transmission. See Arizona Laws 10-140
  • 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.
  • domestic corporation: means a corporation for profit that is not a foreign corporation and that is incorporated under or subject to chapters 1 through 17 of this title. See Arizona Laws 10-140
  • Entity: includes a corporation, foreign corporation, not for profit corporation, profit and not for profit unincorporated association, nonprofit corporation, close corporation, corporation sole or limited liability company, a professional corporation, association or limited liability company, a business trust, estate, partnership, registered limited liability partnership, trust or joint venture, two or more persons having a joint or common economic interest, any person other than an individual and a state, the United States and a foreign government. See Arizona Laws 10-140
  • 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.
  • Facilities: means corridors used by a utility to provide service to customers including poles, towers, transformers and lines for the transmission of electric energy at nominal voltages of one hundred fifteen thousand volts or more, natural gas pipelines of twenty-four or more inches in diameter and substations, regulator stations, measurement stations and compressor stations. See Arizona Laws 40-360.51
  • Facility plan: means a plan for the future location of facilities developed by a utility. See Arizona Laws 40-360.51
  • Filing: means the commission completing the following procedure with respect to any document delivered for that purpose:

    (a) Determining that the filing fee requirements of section 10-122 have been satisfied. See Arizona Laws 10-140

  • 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.
  • Fraud: Intentional deception resulting in injury to another.
  • High voltage: means voltage in excess of six hundred volts measured between conductors or between a conductor and the ground. See Arizona Laws 40-360.41
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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.
  • Licensee: means a person licensed under this article. See Arizona Laws 6-1201
  • Lot: means a unit of identical or similar items that are produced by one person and that are grouped or consolidated in one or more containers for packaging or transporting or a cluster of identical or similar items that are produced by one person and that are included in the same shipping order, bill of lading or other itemized transport order. See Arizona Laws 3-481
  • Monetary value: means a medium of exchange, whether or not redeemable in money. See Arizona Laws 6-1201
  • money received for transmission: means receiving money or monetary value in the United States for transmission within or outside the United States by electronic or other means. See Arizona Laws 6-1201
  • Municipality: means a city or town chartered or incorporated under the laws of this state. See Arizona Laws 40-360.51
  • Overhead line: means all bare or insulated electrical conductors installed aboveground. See Arizona Laws 40-360.41
  • Person: includes an individual, firm, association, partnership, trust or corporation. See Arizona Laws 3-481
  • Person: means any individual, general partnership, limited partnership, limited liability company, corporation, trust, association, joint stock corporation or other corporate entity identified by the director. See Arizona Laws 6-1201
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • Petty offense: A federal misdemeanor punishable by six months or less in prison. Source: U.S. Courts
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plan: means a plan of merger, interest exchange, conversion, domestication or division. See Arizona Laws 10-1101
  • Planning area: means outside the extraterritorial jurisdiction limits of a municipality described in Section 9-461. See Arizona Laws 40-360.51
  • Property: includes both real and personal property. See Arizona Laws 1-215
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public utility: includes public service corporations, municipally owned systems and districts subject to article XIII, section 7, Constitution of Arizona. See Arizona Laws 40-360.41
  • Railroad: includes every railway, other than a street railroad, operated for public transportation of persons or property. See Arizona Laws 40-201
  • Registered mail: includes certified mail. See Arizona Laws 1-215
  • Sewer corporation: includes every person owning, controlling, operating or managing any sewage system for profit. See Arizona Laws 40-201
  • Shareholder: means the person in whose name shares are registered in the records of a corporation or the beneficial owner of shares to the extent of the rights granted by a nominee certificate on file with a corporation. See Arizona Laws 10-140
  • Shares: means the units into which the proprietary interests in a corporation are divided. See Arizona Laws 10-140
  • Shipper: means a person that ships, transports, sells or markets fruit or vegetables under the person's registered trademark or label or a person that first markets the fruit or vegetables on behalf of the producer. See Arizona Laws 3-481
  • Transaction: means a merger, an interest exchange, a conversion, a domestication or a division. See Arizona Laws 10-1101
  • Transportation of persons: includes every service in connection with the carriage and delivery of a person and the person's baggage. See Arizona Laws 40-201
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Utility: means any retail provider of electric or natural gas services. See Arizona Laws 40-360.51
  • Vote: includes authorization by written ballot and written consent. See Arizona Laws 10-3140
  • Voting group: means all shares of one or more classes or series that under the articles of incorporation or chapters 1 through 17 of this title are entitled to vote and be counted together collectively on a matter at a meeting of shareholders. See Arizona Laws 10-140
  • Writing: includes printing. See Arizona Laws 1-215