Idaho Code > Title 30 > Chapter 21 > Part 1 – Preliminary Provisions
Current as of: 2023 | Check for updates
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Other versions
| 30-21-101 | Short Titles |
| 30-21-102 | Definitions |
| 30-21-103 | Applicability of Part |
| 30-21-104 | Delivery of Record |
| 30-21-105 | Rules and Procedures |
Terms Used In Idaho Code > Title 30 > Chapter 21 > Part 1 - Preliminary Provisions
- Act: means the Idaho uniform business organizations code. See Idaho Code 30-21-102
- 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.
- Arrest: Taking physical custody of a person by lawful authority.
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Business corporation: means a domestic business corporation incorporated under or subject to chapter 29, title 30, Idaho Code, or a foreign business corporation. See Idaho Code 30-21-102
- Business trust: means a trust formed under the statutory law of another state that is not a foreign statutory trust and does not have a predominately donative purpose. See Idaho Code 30-21-102
- Commercial registered agent: means a person listed under section 30-21-405, Idaho Code. See Idaho Code 30-21-102
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Common-law business trust: means a common-law trust that does not have a predominately donative purpose. See Idaho Code 30-21-102
- 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.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Decedent: A deceased person.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Distributional interest: means the right under an unincorporated entity's organic law and organic rules to receive distributions from the entity. See Idaho Code 30-21-102
- 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.
- General cooperative association: means a foreign general cooperative association. See Idaho Code 30-21-102
- General partnership: means a domestic general partnership formed under or subject to chapter 23 of this act or a foreign general partnership. See Idaho Code 30-21-102
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Governance interest: means a right under the organic law or organic rules of an unincorporated entity, other than as a governor, agent, assignee or proxy, to:
Idaho Code 30-21-102Governor: means :
Idaho Code 30-21-102Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC Interest: means :
Idaho Code 30-21-102Jurisdiction: (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. Jurisdiction of formation: means the jurisdiction whose law includes the organic law of an entity. See Idaho Code 30-21-102 Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff. Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC Limited cooperative association: means a foreign limited cooperative association. See Idaho Code 30-21-102 Limited liability company: means a domestic limited liability company formed under or subject to chapter 25, title 30, Idaho Code, or a foreign limited liability company. See Idaho Code 30-21-102 Limited liability limited partnership: means a domestic limited liability limited partnership formed under or subject to chapter 24, title 30, Idaho Code, or a foreign limited liability limited partnership. See Idaho Code 30-21-102 Limited liability partnership: means a domestic limited liability partnership registered under or subject to chapter 23, title 30, Idaho Code, or a foreign limited liability partnership. See Idaho Code 30-21-102 Limited partnership: means a domestic limited partnership formed under or subject to chapter 24, title 30, Idaho Code, or a foreign limited partnership. See Idaho Code 30-21-102 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Noncommercial registered agent: means a person that is not a commercial registered agent and is:
Idaho Code 30-21-102Nonprofit corporation: means a domestic nonprofit corporation incorporated under or subject to chapter 30, title 30, Idaho Code, or a foreign nonprofit corporation. See Idaho Code 30-21-102 Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Organic law: means the law of an entity's jurisdiction of formation governing the internal affairs of the entity. See Idaho Code 30-21-102 Organic rules: means the public organic record and private organic rules of an entity. See Idaho Code 30-21-102 Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Person: means an individual, business corporation, nonprofit corporation, partnership, limited partnership, limited liability company, general cooperative association, limited cooperative association, unincorporated nonprofit association, statutory trust, business trust, common-law business trust, estate trust, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Idaho Code 30-21-102 person: includes a corporation as well as a natural person;
Idaho Code 73-114Private organic rules: means the rules, whether or not in a record, that govern the internal affairs of an entity, are binding on all its interest holders, and are not part of its public organic record, if any. See Idaho Code 30-21-102 Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Proceeding: includes a civil action, arbitration, mediation, administrative proceeding, criminal prosecution and investigatory action. See Idaho Code 30-21-102 Professional entity: means an entity formed for the sole and specific purpose of rendering professional services, allied professional services, and services ancillary to the professional services and that has as its interest holders only:
Idaho Code 30-21-102Property: means all property, whether real, personal, or mixed or tangible or intangible, or any right or interest therein. See Idaho Code 30-21-102 Property: includes both real and personal property. See Idaho Code 73-114 Public organic record: means the record, the filing of which by the secretary of state is required to form an entity, and any amendment to or restatement of that record. See Idaho Code 30-21-102 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Receipt: as used in this chapter , means actual receipt. See Idaho Code 30-21-102 Registered agent: means an agent of an entity that is authorized to receive service of any process, notice, or demand required or permitted by law to be served on the entity. See Idaho Code 30-21-102 Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation. Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Idaho Code 30-21-102 State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114 Statute: A law passed by a legislature. Statutory trust: means a trust formed under the statutory law of a jurisdiction other than this state. See Idaho Code 30-21-102 Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before grand juries. Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident. 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. Transfer: includes :
Idaho Code 30-21-102Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Trustee: A person or institution holding and administering property in trust. Unincorporated nonprofit association: means a domestic unincorporated nonprofit association formed under or subject to chapter 27, title 30, Idaho Code, or a nonprofit association formed under or subject to the law of a jurisdiction other than this state that would be an unincorporated nonprofit association if formed under or subject to the law of this state. See Idaho Code 30-21-102 Verdict: The decision of a petit jury or a judge.