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Louisiana Revised Statutes > Title 9 > CODE TITLE II > Chapter 2 – Donations for Charitable Purposes

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Sections
Part I Trusts for Charitable Purposes 9:2271 – 9:2283
Part II Duration of Charitable Trusts 9:2290 – 9:2291
Part III Donations to Religious Organizations 9:2321 – 9:2322
Part IV Cy Pres 9:2331 – 9:2337
Part V Uniform Prudent Management of Institutional Funds Act 9:2337.1 – 9:2337.10
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Terms Used In Louisiana Revised Statutes > Title 9 > CODE TITLE II > Chapter 2 - Donations for Charitable Purposes

  • Addiction counselor: means any person who is licensed, certified, or registered in accordance with the provisions of this Chapter and procedures established by the board and who, by means of his special knowledge acquired through formal education or practical experience, is qualified to provide addiction counseling services to those individuals afflicted with or suffering from an addictive disorder or certain co-occurring disorders. See Louisiana Revised Statutes 37:3386.1
  • Addictive disorder: means the repeated pathological use of substances including but not limited to alcohol, drugs, or tobacco, or repeated pathological compulsive behaviors including but not limited to gambling, which cause physical, psychological, emotional, economic, legal, social, or other harms to the individual afflicted with the addiction or to others affected by the individual's affliction. See Louisiana Revised Statutes 37:3386.1
  • Administrative costs: means costs incurred by the Department of Energy and Natural Resources in the administration of the program, including but not limited to:

                (a) Program startup costs. See Louisiana Revised Statutes 33:1419.2

  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • 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.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Alternative fuel: means a fuel which results in emissions of oxides of nitrogen, volatile organic compounds, carbon monoxide, or particulates, or any combination of these which are comparably lower than emissions from gasoline or diesel and which meets or exceeds federal clean air standards, including but not limited to compressed natural gas, liquefied natural gas, liquefied petroleum gas, biofuel, biodiesel, methanol, ethanol, and electricity. See Louisiana Revised Statutes 33:1419.2
  • Alternative Fuel Vehicle Revolving Loan Fund: means the revolving loan fund provided for pursuant to this Subpart. See Louisiana Revised Statutes 33:1419.2
  • 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.
  • Amortization: Paying off a loan by regular installments.
  • 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.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Applicant: means a person who has submitted an application to the division seeking a license or permit, or the renewal thereof. See Louisiana Revised Statutes 27:44
  • Application: means the forms and schedules prescribed by the division upon which an applicant seeks a license or permit or the renewal thereof. See Louisiana Revised Statutes 27:44
  • Appraisal: A determination of property value.
  • Appraisal: means the act or process of developing an opinion of value of real property following the appraisal process defined by the Uniform Standards for Professional Appraisal Practice. See Louisiana Revised Statutes 37:3415.2
  • Appraisal assignment: means an engagement for which an appraiser is employed or retained to act, or would be perceived by third parties or the public as acting, as a disinterested third party in rendering an unbiased analysis, opinion, or conclusion relating to the nature, quality, value, or utility of specified interests in, or aspects of, identified real estate. See Louisiana Revised Statutes 37:3392
  • Appraisal management company: means , in connection with valuing properties collateralizing mortgage loans or mortgages incorporated into a securitization, any third party that annually oversees a network panel of more than fifteen licensed appraisers in the state or twenty-five or more licensed appraisers in two or more states and is authorized either by a creditor of a consumer credit transaction secured by a consumer's principal dwelling or by an underwriter of, or other principal in, the secondary mortgage markets to do both of the following:

                (a) Recruit, select, contract with, or otherwise retain an appraiser for the purpose of performing an appraisal and to verify any work performed by the appraiser for compliance with applicable state and federal requirements. See Louisiana Revised Statutes 37:3415.2

  • Appraisal management services: means the process of receiving a request for the performance of real estate appraisal services from a client, and for a fee paid by the client, entering into an agreement with one or more independent appraisers to perform the real estate appraisal services contained in the request. See Louisiana Revised Statutes 37:3415.2
  • Appraisal report: means any communication, written or oral, of an analysis, opinion, or conclusion relating to the nature, quality, value, or utility of specified interests in, or aspects, including energy efficiency, of, identified real estate. See Louisiana Revised Statutes 37:3392
  • Appraisal review: means the act or process of developing and communicating an opinion about the quality of another appraiser's work that was performed as part of an appraisal assignment. See Louisiana Revised Statutes 37:3415.2
  • Appraiser panel: means a group of appraisers that has been selected by an appraisal management company to perform real estate appraisal services for the appraisal management company on behalf of lenders or other clients. See Louisiana Revised Statutes 37:3415.2
  • 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
  • AQB: means the Appraiser Qualifications Board of TAF created in accordance with Title XI of FIRREA. See Louisiana Revised Statutes 37:3392
  • Arrest: Taking physical custody of a person by lawful authority.
  • ASB: means the Appraisal Standards Board of TAF created in accordance with Title XI of FIRREA. See Louisiana Revised Statutes 37:3392
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Assets: means all of a state bank's property and rights of every kind. See Louisiana Revised Statutes 6:201
  • Athletic trainer: means an individual licensed by the board as an athletic trainer with the specific qualifications set forth in Louisiana Revised Statutes 37:3302
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Authority: means a parish or municipality, or both, authorized by law to perform governmental functions and any special district created for the purpose of drainage and/or flood control. See Louisiana Revised Statutes 38:90.1
  • average compensation: means his average earnable compensation for the five highest successive years of employment, or the highest five successive joined years where interruption of service occurred. See Louisiana Revised Statutes 11:701
  • Average salary: shall mean the average annual earnable rate of salary of a member for the thirty-six highest consecutive months during the total service of the member. See Louisiana Revised Statutes 11:3033
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • 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
  • Beneficiary: means the eligible recipient of a pension, annuity, retirement allowance, or other benefit provided in this Chapter. See Louisiana Revised Statutes 11:701
  • Bequest: Property gifted by will.
  • Board: means the Louisiana Rice Promotion Board. See Louisiana Revised Statutes 3:3531
  • Board: means the Louisiana Rice Research Board. See Louisiana Revised Statutes 3:3541
  • Board: means the Louisiana State Board of Medical Examiners. See Louisiana Revised Statutes 37:3302
  • Board: means the Louisiana State Board of Medical Examiners established in Louisiana Revised Statutes 37:3353
  • Board: means the governing body of the Addictive Disorder Regulatory Authority. See Louisiana Revised Statutes 37:3386.1
  • Board: means the Louisiana Real Estate Appraisers Board established pursuant to the provisions of this Chapter. See Louisiana Revised Statutes 37:3392
  • Board: means the Louisiana Real Estate Appraisers Board. See Louisiana Revised Statutes 37:3415.2
  • Board: means the board of commissioners of the French Quarter Management District. See Louisiana Revised Statutes 25:798
  • Board: means the Board of Trustees of the Louisiana State Employees' Retirement System. See Louisiana Revised Statutes 11:403
  • Board: shall mean the Board of Trustees provided in Louisiana Revised Statutes 11:3002
  • Board: shall mean the Retirement Board of the City of Bogalusa Retirement System. See Louisiana Revised Statutes 11:3033
  • Board of trustees: means the board provided for in Part V of this Chapter to administer the retirement system. See Louisiana Revised Statutes 11:701
  • BOC: means the Board of Certification, Inc. See Louisiana Revised Statutes 37:3302
  • Bona fide trade or professional association: means an active trade or professional association that is chartered and domiciled in Louisiana, or a successor organization thereof, that meets all of the following requirements:

                (a) Promotes Louisiana timber or agriculture production. See Louisiana Revised Statutes 3:4351.1

  • Bond commission: means the State Bond Commission or any other entity authorized to approve and/or issue bonds for a municipality, including without limitation, the Board of Liquidation, City Debt, which is the appropriate bond commission for the city of New Orleans and the Sewerage and Water Board of New Orleans. See Louisiana Revised Statutes 38:90.1
  • Buyer: means any person who purchases rice at the first point of sale only. See Louisiana Revised Statutes 3:3531
  • Buyer: means any person who purchases rice at the first point of sale only. See Louisiana Revised Statutes 3:3541
  • CAATE: means the Commission on Accreditation of Athletic Training Education or its successor. See Louisiana Revised Statutes 37:3302
  • Capital: means the sum of capital stock, surplus, and undivided profits or, as to mutual state banks, as defined by Louisiana Revised Statutes 6:201
  • CCC: means the Commodity Credit Corporation. See Louisiana Revised Statutes 3:3541
  • Central registry: means the master index maintained by the secretary as provided by this Chapter, reflecting information contained in all effective financing statements, and statements evidencing assignments, amendments, extensions, and cancellations thereof. See Louisiana Revised Statutes 3:3652
  • Certified clinical supervisor: means any person holding the necessary credential of licensed, certified, or registered addiction counselor or any person who holds a specialty substance abuse credential in another professional discipline in a human services field at the master's level or higher; and who has satisfied the requirements established by the board to provide clinical supervision. See Louisiana Revised Statutes 37:3386.1
  • Certified general appraiser: means any person licensed by the board to appraise all types of real estate regardless of complexity or transaction value. See Louisiana Revised Statutes 37:3392
  • certified residential appraiser: includes but is not limited to the authority to appraise vacant or unimproved land utilized for the purposes of one to four family residential units or for which the highest and best use is for one to four family residential units; however, such authority shall not include the authority to appraise any subdivision for which a development analysis or development appraisal is necessary. See Louisiana Revised Statutes 37:3392
  • City: means the city of New Orleans. See Louisiana Revised Statutes 25:798
  • City: shall mean the City of Alexandria. See Louisiana Revised Statutes 11:3002
  • City: shall mean the city of Bogalusa, Louisiana. See Louisiana Revised Statutes 11:3033
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Client: means the individual, couple, family, group, organization, or community that seeks or receives addiction counseling services from the addiction professional or an addiction facility until discharged. See Louisiana Revised Statutes 37:3386.1
  • Client: means any person or entity that contracts with or otherwise enters into an agreement for the performance of residential real estate appraisal services. See Louisiana Revised Statutes 37:3415.2
  • Clinical supervision: means the interpersonal tutorial relationship between a certified clinical supervisor and other licensed, certified, or registered addiction counseling professionals centered on the goals of skill development and professional growth through learning and practicing. See Louisiana Revised Statutes 37:3386.1
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Collection: means collecting and refunding the assessments. See Louisiana Revised Statutes 3:3531
  • Collection: means collecting and refunding the assessments. See Louisiana Revised Statutes 3:3541
  • Commission: means the Louisiana Real Estate Commission. See Louisiana Revised Statutes 37:3392
  • Commission merchant: means any person engaged in the business of receiving any farm product for sale, on commission, or for or on behalf of another person. See Louisiana Revised Statutes 3:3652
  • Commissioner: means the Commissioner of Agriculture for the state of Louisiana. See Louisiana Revised Statutes 3:3531
  • Commissioner: means the commissioner of agriculture for the state of Louisiana. See Louisiana Revised Statutes 3:3541
  • Committee: means the Joint Legislative Committee on Transportation, Highways and Public Works. See Louisiana Revised Statutes 38:90.1
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Compulsive gambling counselor: means any person holding a necessary credential as a licensed, certified, or registered addiction counselor, or a necessary credential as a qualified mental health professional, who is certified by the board, in accordance with the provisions of this Chapter, as possessing special knowledge acquired through formal education and clinical experience and thus is qualified to provide gambling addiction counseling to persons who have a gambling addiction disorder or who exhibit gambling addictive behaviors. See Louisiana Revised Statutes 37:3386.1
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Controlling person: means any of the following:

                (a) An owner, officer, or director of a corporation, partnership, or other business entity seeking to offer appraisal management services in this state. See Louisiana Revised Statutes 37:3415.2

  • Conviction: A judgement of guilt against a criminal defendant.
  • Core functions: means the screening, intake, orientation, assessment, treatment planning, counseling, case management, crisis intervention, client education, referral, reports, and record-keeping activities associated with counseling and consultation with other credentialed professionals. See Louisiana Revised Statutes 37:3386.1
  • Council: means the Legislative Audit Advisory Council. See Louisiana Revised Statutes 38:90.1
  • Council: shall mean the City Commission Council of Bogalusa, Louisiana. See Louisiana Revised Statutes 11:3033
  • Counselor-in-training: means any person who has not yet met the qualification to become a licensed, certified, or registered counselor, but who has made application to the board in accordance with the provisions of this Chapter and procedures established by the board. See Louisiana Revised Statutes 37:3386.1
  • Creditable service: means prior service plus membership service for which credit is allowable as provided in this Chapter. See Louisiana Revised Statutes 11:403
  • Creditable service: means "Prior Service" plus "Membership Service" for which credit is allowable as provided in Part III of this Chapter. See Louisiana Revised Statutes 11:701
  • Creditor: means any person who holds a security interest in a farm product. See Louisiana Revised Statutes 3:3652
  • Cross examine: Questioning of a witness by the attorney for the other side.
  • Custodial environment: means a setting created by a court system in which a person has been deprived of freedom of action in any significant way. See Louisiana Revised Statutes 37:3386.1
  • Dam: is a ny artificial barrier, including appurtenant works, which does or will impound or divert water or any other liquid substance and which has or will have a dam height of twenty-five feet or more or has or will have a maximum liquid storage capacity of fifty acre-feet or more. See Louisiana Revised Statutes 38:22
  • Debtor: means any person who owns or has an ownership interest in farm products which are subject to a security interest of creditors. See Louisiana Revised Statutes 3:3652
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Department: means the Department of Agriculture and Forestry. See Louisiana Revised Statutes 3:1
  • Department: means the Department of Insurance. See Louisiana Revised Statutes 3:4351.1
  • Department: means the Department of Energy and Natural Resources. See Louisiana Revised Statutes 33:1419.2
  • Dependent: A person dependent for support upon another.
  • 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.
  • Designated gaming area: means that portion of a riverboat in which gaming activities may be conducted. See Louisiana Revised Statutes 27:44
  • designated waterway: means those rivers or bodies of water listed in Louisiana Revised Statutes 27:44
  • Devise: To gift property by will.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • District: means the French Quarter Management District. See Louisiana Revised Statutes 25:798
  • Docket: A log containing brief entries of court proceedings.
  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • Earnable compensation: means the compensation earned by a member during the full normal working time as a teacher. See Louisiana Revised Statutes 11:701
  • Educational institution: means a university, college, junior college, high school, junior high school, or grammar school, whether public or private. See Louisiana Revised Statutes 37:3302
  • Effective date: shall mean July 1, 1953. See Louisiana Revised Statutes 11:3033
  • Effective financing statement: means a written instrument which is an abstract of a security device and which complies with the provisions of Louisiana Revised Statutes 3:3652
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Employee: means any person legally occupying a position in the state service. See Louisiana Revised Statutes 11:403
  • Employee: means any person legally occupying a position in the Service of the City of Alexandria, and shall include the employees of the retirement system created hereunder. See Louisiana Revised Statutes 11:3002
  • Employee: shall mean any appointive officer or employee of the city now or hereafter employed by the city, whose services are compensated by the city in whole or in part, who is not covered by any existing pension fund maintained by the city. See Louisiana Revised Statutes 11:3033
  • Employer: means the state of Louisiana or any of its boards, commissions, departments, agencies, and courts which are contributing members of the Louisiana State Employees' Retirement System. See Louisiana Revised Statutes 11:403
  • Employer: means the state of Louisiana, any city, parish, or other local school board, the State Board of Elementary and Secondary Education, any board created by La. See Louisiana Revised Statutes 11:701
  • Employer: shall mean the City of Alexandria or any of its departments and agencies from which any employee receives his compensation. See Louisiana Revised Statutes 11:3002
  • En banc: In the bench or "full bench." Refers to court sessions with the entire membership of a court participating rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases. They are then said to be sitting en banc.
  • Encumbrance: means any lien, privilege, judgment, mortgage, pledge, pawn, claim, charge, or any other encumbrance of like nature. See Louisiana Revised Statutes 3:1
  • Encumbrance certificate: means a written document which lists all effective financing statements affecting a person which have been filed with the filing officer and containing the information required by this Chapter to be transmitted to the secretary for inclusion in the central registry on the date and at the time the certificate is issued and which complies with the provisions of Louisiana Revised Statutes 3:3652
  • Enrolled bill: The final copy of a bill or joint resolution which has passed both chambers in identical form. It is printed on parchment paper, signed by appropriate officials, and submitted to the President/Governor for signature.
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evaluation committee: means the Flood Control Project Evaluation Committee. See Louisiana Revised Statutes 38:90.1
  • Ex officio: Literally, by virtue of one's office.
  • Executor: A male person named in a will to carry out the decedent
  • Farm product: means any type of crop whether growing or to be grown, and whether harvested or unharvested, or any species of livestock, or any type of agricultural commodity or product raised or cultivated of every type and description, including but not limited to cattle, hogs, sheep, horses, bees, rabbits, or poultry, and oysters, crabs, prawns, shrimp, alligators, turtles, and fish raised, produced, cultivated, harvested, or gathered on any beds of bodies of water, whether owned, leased, or licensed by the debtor, grains, beans, vegetables, grasses, legumes, melons, tobacco, cotton, flowers, shrubberies, plants and fruits, nuts and berries, and other similar products whether of trees or other sources, or if they are a product of such crop or livestock in its unmanufactured state, such as seed, ginned cotton, wool-clip, honey, syrup, meat, milk, eggs, and cut, harvested, or standing timber, or supplies used or produced in farming operations, and if they are in the possession, including civil possession as defined in Civil Code Articles 3421 and 3431, of a debtor engaged in planting, producing, raising, cultivating, harvesting, gathering, fattening, grazing, or other farming operations. See Louisiana Revised Statutes 3:3652
  • FDIC: means the Federal Deposit Insurance Corporation, and includes any successor to the corporation or other agency or instrumentality of the United States which may undertake to discharge the purposes of the corporation. See Louisiana Revised Statutes 6:381
  • Federal assistance under a state transportation plan: means federal matching funds or other federal money which may be available under a State Implementation Plan (SIP), maintenance plan, or other transportation plan of the Department of Transportation and Development, a Metropolitan Planning Organization, or other state entity pursuant to the federal Congestion Mitigation and Air Quality (CMAQ) Improvement Program funding which provides funds for public fleet conversions to cleaner fuels. See Louisiana Revised Statutes 33:1419.2
  • Federal financial institutions regulatory agency: means :

                (a) The Board of Governors of the Federal Reserve System. See Louisiana Revised Statutes 37:3392

  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Fiduciary: A trustee, executor, or administrator.
  • Fiduciary: means any person, firm, partnership, association, or state bank, including a usufructuary, who or which occupies a position of peculiar confidence toward any person, firm, association, partnership, trust, or estate. See Louisiana Revised Statutes 6:201
  • Filing officer: means the clerk of court of any parish. See Louisiana Revised Statutes 3:3652
  • FIRREA: means the Financial Institution Reform, Recovery and Enforcement Act of 1989, as enacted under federal law, and specifically includes but is not limited to Title XI, requiring real estate appraisals used in connection with federally related transactions to comply with uniform standards and to be prepared by credentialed real property appraisers. See Louisiana Revised Statutes 37:3392
  • 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.
  • Fiscal Year: means July 1 through June 30 of the following year. See Louisiana Revised Statutes 3:3541
  • fleet conversion: means both of the following:

                (a) The installation of qualified clean fuel vehicle equipment in order to modify all or a portion of a local governing authority's fleet of motor vehicles which are propelled by gasoline or diesel so that the motor vehicles may be partially or wholly propelled by an alternative fuel. See Louisiana Revised Statutes 33:1419.2

  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Fund: means the self-insurance fund established pursuant to this Part to provide automobile coverage for timber transportation vehicles, agriculture transportation vehicles, or a combination of both types of vehicles and shall be known as the Louisiana Agriculture Transportation Group Self-Insured Fund. See Louisiana Revised Statutes 3:4351.1
  • Game: means any banking or percentage game which is played with cards, dice, or any electronic, electrical, or mechanical device or machine for money, property, or any thing of value. See Louisiana Revised Statutes 27:44
  • gaming equipment: means any equipment or mechanical, electro-mechanical, or electronic contrivance, component, or machine, including a slot machine, used directly or indirectly in connection with gaming or any game, which affects the result of a wager by determining wins or losses. See Louisiana Revised Statutes 27:44
  • gaming license: means a license or authorization to conduct gaming activities on a riverboat issued pursuant to the provisions of this Chapter. See Louisiana Revised Statutes 27:44
  • gaming operations: means the use, operation, or conducting of any game or gaming device upon a riverboat including all activities related to and integral to the operation and profitability of a riverboat, including accounting procedures and internal controls governing the licensee's operations. See Louisiana Revised Statutes 27:44
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grantor: The person who establishes a trust and places property into it.
  • Guardian: 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.
  • Handler: means any person engaged in the business of handling rice. See Louisiana Revised Statutes 3:3531
  • Handler: means any person engaged in the business of handling rice. See Louisiana Revised Statutes 3:3541
  • Hazardous financial condition: means a condition in which, based upon its present or reasonably anticipated financial condition, the fund, although not yet financially impaired or insolvent, is unlikely to be able to:

                (a) Meet obligations with respect to known claims and reasonably anticipated claims. See Louisiana Revised Statutes 3:4351.1

  • Hundredweight: means one hundred pounds, excluding tare. See Louisiana Revised Statutes 3:3531
  • Hundredweight: means one hundred pounds, excluding tare. See Louisiana Revised Statutes 3:3541
  • In good standing: means the status of a licensee who has complied with all explicit license obligations thereby having unabated authority to conduct license activities. See Louisiana Revised Statutes 37:3392
  • 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
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Insolvency: means the condition existing when the fund's liabilities are greater than the fund's assets as determined in accordance with generally accepted accounting principles as delineated in the fund's financial statement audited by an independent certified public accountant and calculated before a member distribution is payable or before a dividend is declared. See Louisiana Revised Statutes 3:4351.1
  • Inter vivos: Transfer of property from one living person to another living person.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • knowledge: means actual knowledge. See Louisiana Revised Statutes 3:3652
  • KSA: means the knowledge, skills, and attitudes designated by the board as being necessary for effective addiction counseling and required by the board to be utilized by addictive disorders counselors in providing addiction counseling services. See Louisiana Revised Statutes 37:3386.1
  • Legacy: A gift of property made by will.
  • Legatee: A beneficiary of a decedent
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Licensed residential appraiser: means any person licensed by the board whose authority to appraise real property is limited to the appraisal of noncomplex one to four residential units having a transaction value of less than one million dollars and of complex one to four residential units having a transaction value of less than four hundred thousand dollars in accordance with the Real Property Appraiser Qualification Criteria. See Louisiana Revised Statutes 37:3392
  • Licensee: means any person who has been issued a license by the board to participate in any appraisal activity described in this Chapter. See Louisiana Revised Statutes 37:3392
  • licensee: means any person holding or applying for a gaming license to conduct gaming activities. See Louisiana Revised Statutes 27:44
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Loan: means a loan of money from the Alternative Fuel Revolving Loan Fund for eligible costs of the conversion of a fleet of motor vehicles of a local governing authority to qualified clean fuel vehicles. See Louisiana Revised Statutes 33:1419.2
  • Local governing authority: means the governing authority of a parish, municipality, school board, port or port harbor and terminal district, levee district, or any other political subdivision of the state, and the governing authorities of their agencies, offices, or instrumentalities. See Louisiana Revised Statutes 33:1419.2
  • Market value: means a value stated as an opinion, which presumes the transfer of real property as of a certain date and subject to specific conditions set forth in the value definition identified by an appraiser as applicable to an appraisal. See Louisiana Revised Statutes 37:3392
  • Maximum benefit: means the retirement benefit a member is entitled to receive from the system set forth in Part IV of this Chapter in any month after giving effect to Louisiana Revised Statutes 11:701
  • Medical board: shall mean the State Medical Disability Board. See Louisiana Revised Statutes 11:701
  • Member: means any person included in the membership of the system. See Louisiana Revised Statutes 11:403
  • Member: means any teacher included in the membership of the system as provided in Part II of this Chapter. See Louisiana Revised Statutes 11:701
  • Member: shall mean any employee in the City service included in the membership of the system as provided in Louisiana Revised Statutes 11:3002
  • Member: shall mean any employee included in the membership of the system. See Louisiana Revised Statutes 11:3033
  • Miller: means any person engaged within or without the state in the operation of milling rice. See Louisiana Revised Statutes 3:3531
  • Miller: means any person engaged within or without the state in the operation of milling rice. See Louisiana Revised Statutes 3:3541
  • Minor child: means an unmarried child under the age of eighteen years or an unmarried student under the age of twenty-three years who is the issue of a marriage of a member of this system, the legally adopted child of a member of this system, a child born outside of marriage of a female member of this system, or the child of a male member of this system if acknowledged or filiated pursuant to the provisions of the Civil Code. See Louisiana Revised Statutes 11:403
  • Minor child: means an unmarried child under the age of twenty-one years or an unmarried student under the age of twenty-three years who is the issue of a marriage of a member of this system, the legally adopted child of a member of this system, a child born outside of marriage of a female member of this system, or the child of a male member of this system if a court of competent jurisdiction has, pursuant to the provisions of the Civil Code rendered a judgment of filiation declaring the paternity of such member for the child. See Louisiana Revised Statutes 11:701
  • Modification: means enlargements or changes that may affect the safety of the dam, including but not limited to adding significant amounts of material to, or removing material from, the cross-section of a dam; changing the dimensions or elevations of spillways; correcting damages associated with significant seepage through or under the dam; building a roadway or placing utilities on or in any part of the dam or altering the operational features of a dam excluding activities associated with routine maintenance. See Louisiana Revised Statutes 38:22
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • mother: means a female human being, whether or not she has reached the age of majority. See Louisiana Revised Statutes 14:87.1
  • Municipal drainage authority: means the city of New Orleans and any special district or board located in such municipality, including but not limited to the Sewerage and Water Board of New Orleans, created for the purpose of drainage and/or flood control. See Louisiana Revised Statutes 38:90.1
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • Natural person: means a human being. See Louisiana Revised Statutes 11:701
  • Net gaming proceeds: means the total of all cash and property, including checks received by a licensee, whether collected or not, received by the licensee from gaming operations, less the total of all cash paid out as winnings to patrons and five million dollars annually directly attributable to promotional play wagers. See Louisiana Revised Statutes 27:44
  • Net proceeds: means the funds raised from the sale of bonds minus issuance costs, which costs include but are not limited to the underwriting discount, printing of disclosure documents, bond certificates, and the fees of the underwriter's legal counsel, bond counsel, financial advisor, rating agency, and trustee banks. See Louisiana Revised Statutes 33:1419.2
  • Non-certificated vessel: means a riverboat vessel which does not hold a Certificate of Inspection issued by the United States Coast Guard. See Louisiana Revised Statutes 27:44
  • Oath: A promise to tell the truth.
  • Office: means the office of the secretary of state of the state of Louisiana. See Louisiana Revised Statutes 3:3652
  • Office: means the office of engineering of the Department of Transportation and Development. See Louisiana Revised Statutes 38:90.1
  • Operator: means a person, partnership, corporation, or limited liability company who owns or operates a timber or agriculture transportation vehicle. See Louisiana Revised Statutes 3:4351.1
  • Oversight: Committee review of the activities of a Federal agency or program.
  • PAREA: means or refers to any Practical Applications of Real Estate Appraisal training program created or implemented in accordance with the Real Property Appraiser Qualification Criteria developed and approved by the AQB, to provide an alternate pathway for applicants to obtain licensure as a licensed residential appraiser or as a certified residential appraiser without training as a trainee appraiser, subject to the direct control and supervision of a supervisory appraiser. See Louisiana Revised Statutes 37:3392
  • Passenger: means a natural person who is present on a riverboat but has no part in the vessel's operation. See Louisiana Revised Statutes 27:44
  • Person: means an individual or any legal or commercial entity, including a corporation, business trust, partnership, limited liability company, association, or joint venture. See Louisiana Revised Statutes 3:1
  • Person: means an individual, partnership, firm, corporation, association or other business unit. See Louisiana Revised Statutes 3:3531
  • Person: means an individual, partnership, firm, corporation, association or other business unit. See Louisiana Revised Statutes 3:3541
  • Person: means any individual, partnership, corporation, trust, or other business entity. See Louisiana Revised Statutes 3:3652
  • Personal property: All property that is not real property.
  • Physician: means a person who is licensed by the board to practice medicine in this state. See Louisiana Revised Statutes 37:3353
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • political subdivision: means a parish, municipality, and any other unit of local government, including a school board and a special district, authorized by law to perform governmental functions. See Louisiana Revised Statutes 33:1418
  • Position: means any office or any employment in the state service. See Louisiana Revised Statutes 11:403
  • 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
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Prevention: means those activities and services that prevent, reduce, or stabilize the incidence of addictive disorders and thereby prevent, reduce, or stabilize the prevalence of addictive disorders. See Louisiana Revised Statutes 37:3386.1
  • Prevention specialist-in-training: means any person who has not yet met the qualifications to become a licensed, certified, or registered prevention professional, but who has made application to the board in accordance with the provisions of this Chapter and procedures established by the board. See Louisiana Revised Statutes 37:3386.1
  • Principal: means a person or persons who own a majority interest or the majority of the stock in a corporation, partnership, or limited liability company that is established for the purpose of operating a timber or agriculture business and is a member of the fund. See Louisiana Revised Statutes 3:4351.1
  • Principal residence of a child: means :

    (a)  The location designated by a court to be the primary residence of the child. See Louisiana Revised Statutes 9:355.1

  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Producer: means any person who receives a share in the proceeds from the sale of rice produced in this state. See Louisiana Revised Statutes 3:3531
  • Producer: means any person who receives a share of the proceeds from the sale of rice produced in this state. See Louisiana Revised Statutes 3:3541
  • Program: means the flood control system which may include, but not be limited to, floodproofing, waterproofing, ring dikes, relocation assistance, information programs, formulation of codes, and engineering studies. See Louisiana Revised Statutes 38:90.1
  • Program: means the Alternative Fuel Revolving Loan Fund Program as established by this Subpart. See Louisiana Revised Statutes 33:1419.2
  • Project: means a program or engineering activity, either new or continuing, exclusive of modifications to drainage structures located within state highway rights-of-way, that will be planned and implemented with the primary goal being the reduction of existing flood damages. See Louisiana Revised Statutes 38:90.1
  • Promotional play wagers: means wagers placed by patrons using noncashable vouchers, promotional chips, coupons, electronic credits, electronic promotions, scrips, or any other cash equivalent that is provided to the patron by the licensee. See Louisiana Revised Statutes 27:44
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Qualified clean fuel vehicle equipment: means equipment necessary for a motor vehicle to partially or wholly operate on an alternative fuel, but shall not include equipment necessary for operation of a motor vehicle on gasoline or diesel. See Louisiana Revised Statutes 33:1419.2
  • Qualified mental health professional: means :

                (a) A psychiatrist licensed pursuant to Louisiana Revised Statutes 37:3386.1

  • Quorum: The number of legislators that must be present to do business.
  • Racehorse wagering: means wagers placed on horse racing conducted under the pari-mutuel form of wagering at licensed racing facilities that is accepted by a licensed racehorse wagering operator under the provisions of this Chapter. See Louisiana Revised Statutes 27:44
  • Racehorse wagering operator: means the licensed racing association whose facility is located closest to the licensed berth of the riverboat on which gaming activities are approved. See Louisiana Revised Statutes 27:44
  • real estate: means immovable property as defined by Civil Code Article 462 et seq. See Louisiana Revised Statutes 37:3392
  • real estate appraisal: means an analysis, opinion, or conclusion relating to the nature, quality, value, or utility of specified interests in, or aspects, including energy efficiency, of, identified real estate, for or in expectation of compensation. See Louisiana Revised Statutes 37:3392
  • Real estate appraisal services: means residential valuation services performed by an individual acting as an appraiser, including but not limited to appraisal, appraisal review, or appraisal consulting, as these services are defined under the Uniform Standards for Professional Appraisal Practice. See Louisiana Revised Statutes 37:3415.2
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Real Property Appraiser Qualification Criteria: means the qualifying criteria regarding the minimum education, experience, and examination requirements for real estate appraisers, as established by the AQB. See Louisiana Revised Statutes 37:3392
  • Receiver: means the person liquidating a state bank pursuant to Part II of this Subchapter. See Louisiana Revised Statutes 6:381
  • Receivership court: means the district court for the parish in which the state bank is domiciled. See Louisiana Revised Statutes 6:381
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Regular Interest: shall mean interest compounded annually at such rate as shall be determined by the Board in accordance with Louisiana Revised Statutes 11:3002
  • Regular interest: shall mean such rate of interest as is fixed by the board provided that for the first five years of operation of the system the rate shall be three percent per annum compounded annually. See Louisiana Revised Statutes 11:3033
  • Relocation: means a change in the principal residence of a child for a period of sixty days or more, but does not include a temporary absence from the principal residence. See Louisiana Revised Statutes 9:355.1
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • 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.
  • Respiratory care: is synonymous with the term "respiratory therapy" as defined in this Chapter. See Louisiana Revised Statutes 37:3353
  • Respiratory therapy: means the allied health specialty practiced under the direction and supervision of a physician involving the assessment, treatment, testing, monitoring, and care of persons with deficiencies and abnormalities of the cardiopulmonary system. See Louisiana Revised Statutes 37:3353
  • Respiratory therapy education program: means a program of respiratory therapy studies accredited by the Commission on Accreditation of Allied Health Education Programs (CAAHEP), in collaboration with the Committee on Accreditation for Respiratory Care (CoARC), or their predecessor or successor organizations or an equivalent program approved by the board. See Louisiana Revised Statutes 37:3353
  • Retirement: means termination of active service, with a retirement allowance granted under the provisions of this Chapter. See Louisiana Revised Statutes 11:403
  • Retirement: means withdrawal from active service with a retirement allowance granted under the provisions of this Chapter. See Louisiana Revised Statutes 11:701
  • Retirement allowance: means the sum of the annuity and the pensions or any optional benefit payable in lieu thereof. See Louisiana Revised Statutes 11:701
  • Retirement Allowance: shall mean an annuity for life, as provided in this Part, payable each year in twelve equal monthly installments beginning as of the date fixed by the Board. See Louisiana Revised Statutes 11:3002
  • Retirement system: means the Teachers' Retirement System of Louisiana as defined in Louisiana Revised Statutes 11:701
  • Rice: means all marketable green and dry rough "paddy" rice produced within the state of Louisiana for milling, seed or other commercial purposes. See Louisiana Revised Statutes 3:3531
  • Rice: means all marketable green and rough "paddy" rice produced within the State of Louisiana for milling, seed or other commercial purposes. See Louisiana Revised Statutes 3:3541
  • Riverboat: means one of the following:

                (a) A vessel that carries a valid Certificate of Inspection issued by the United States Coast Guard with regard to the carriage of passengers on designated rivers or waterways within or contiguous to the boundaries of the state of Louisiana and for the carriage of a minimum of six hundred passengers and crew. See Louisiana Revised Statutes 27:44

  • Rural grant opportunity authority: means a municipality with a population of fewer than five thousand people or a parish with a population of fewer than fifty thousand people located in a rural area. See Louisiana Revised Statutes 38:90.1
  • Rural Grant Opportunity Program: means a mechanism for a rural grant opportunity authority located in a rural area that lacks the financial ability to satisfy the local match requirements to participate in the Statewide Flood Control Program. See Louisiana Revised Statutes 38:90.1
  • Salary: shall mean the amount of compensation earned by a member as an employee of the city. See Louisiana Revised Statutes 11:3033
  • Secretary: means the secretary of state of the state of Louisiana, or his duly authorized agent. See Louisiana Revised Statutes 3:3652
  • Secured party: means a creditor with a security interest in farm products. See Louisiana Revised Statutes 3:3652
  • Security device: means a written security agreement that establishes a creditor's security interest in farm products or any agricultural lien as defined in La. See Louisiana Revised Statutes 3:3652
  • Security interest: means an interest in or encumbrance upon farm products that secures payment or performance of an obligation. See Louisiana Revised Statutes 3:3652
  • Service: means service as a teacher within the meaning of Paragraph (33) of this Section. See Louisiana Revised Statutes 11:701
  • Service of process: The service of writs or summonses to the appropriate party.
  • 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.
  • Slot machine: means any mechanical, electrical, or other device, contrivance, or machine which, upon insertion of a coin, token, or similar object therein or upon payment of any consideration whatsoever, is available to play or operate, the play or operation of which, whether by reason of the skill of the operator or application of the element of chance, or both, may deliver or entitle the person playing or operating the machine to receive cash, premiums, merchandise, tokens, or anything of value, whether the payoff is made automatically from the machine or in any other manner. See Louisiana Revised Statutes 27:44
  • Spouse: means a person who is legally married to a member of this system. See Louisiana Revised Statutes 11:403
  • Spouse: shall mean a person who is legally married to a member of this system and shall not include a person who is legally separated from a member of this system by a judgment of separation, unless such person has voluntarily reconciled with the member and which reconciliation is established by a court of competent jurisdiction. See Louisiana Revised Statutes 11:701
  • State: means the state of Louisiana. See Louisiana Revised Statutes 11:403
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Supervisor: means the person in charge of the division. See Louisiana Revised Statutes 27:44
  • Supervisory appraiser: means a certified residential appraiser or certified general appraiser registered by the board to supervise one or more trainee appraisers and who satisfies the applicable minimum qualifications required by the Real Property Appraiser Qualification Criteria including but not limited to the following:

                (a) The supervisory appraiser shall have been licensed and in good standing with any competent appraisal licensing jurisdiction for at least three years. See Louisiana Revised Statutes 37:3392

  • System: means the Louisiana State Employees' Retirement System. See Louisiana Revised Statutes 11:403
  • System: shall mean the City of Alexandria Employees' Retirement System established and described in Louisiana Revised Statutes 11:3002
  • System: shall mean the City of Bogalusa Retirement System. See Louisiana Revised Statutes 11:3033
  • TAF: means The Appraisal Foundation created in accordance with Title XI of FIRREA. See Louisiana Revised Statutes 37:3392
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Timber or agriculture transportation vehicle: means a vehicle or automobile used to collect and transport timber or agriculture products, or used in the course and scope of a timber or agriculture business, or used by an operator or principal. See Louisiana Revised Statutes 3:4351.1
  • Timber or agriculture transportation vehicle coverage: means automobile coverage for a timber or agriculture transportation vehicle that includes any of the following:

                (a) Liability payment for bodily injury caused by the operator of a timber or agriculture transportation vehicle. See Louisiana Revised Statutes 3:4351.1

  • Timberland: as used in this Part , means bona fide timberland being assessed at its use value as defined and determined pursuant to Louisiana Revised Statutes 3:4321
  • 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.
  • Total service: shall mean service rendered before the operative date of the system, and subsequent thereto. See Louisiana Revised Statutes 11:3033
  • Trainee appraiser: means any person registered by the board and authorized to appraise properties under the supervision of a licensed general real estate appraiser or residential real estate appraiser. See Louisiana Revised Statutes 37:3392
  • transaction value: means market value for nonfederally related transaction appraisals. See Louisiana Revised Statutes 37:3392
  • 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.
  • Trustee: A person or institution holding and administering property in trust.
  • USPAP: means the Uniform Standards of Professional Appraisal Practice, which establishes the minimum requirements applicable to appraisers for the purpose of promoting and maintaining public trust in the appraisal practice, as implemented and periodically amended by the ASB. See Louisiana Revised Statutes 37:3392
  • Verdict: The decision of a petit jury or a judge.
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.

Louisiana Revised Statutes > Title 9 > CODE TITLE II > Chapter 2 – Registry of Instruments Affecting Immovables

Current as of: 2024 | Check for updates | Other versions
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Part I General Provisions 9:2721 – 9:2730
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Terms Used In Louisiana Revised Statutes > Title 9 > CODE TITLE II > Chapter 2 - Registry of Instruments Affecting Immovables

  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • 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.
  • Agency: means a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. See Louisiana Revised Statutes 42:341
  • Agency: means a department, office, division, agency, commission, board, committee, or other organizational unit of state government. See Louisiana Revised Statutes 42:352
  • Agency head: means the chief executive or administrative officer of an agency or the chairman of a board or commission. See Louisiana Revised Statutes 42:341
  • Amateur: means any of the following:

    (a)  Contests or exhibitions of armed or unarmed combat or any combination thereof conducted by or participated in exclusively by any state-accredited middle school or high school, college, or university, or by any association or organization of a school, college, or university, when each participant in the contests or exhibitions is a bona fide student in the state-accredited middle school or high school, college, or university. See Louisiana Revised Statutes 4:85

  • 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.
  • 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.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • 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
  • Beneficiary: means the eligible recipient of a pension, annuity, retirement allowance, or other benefit provided in this Chapter. See Louisiana Revised Statutes 11:701
  • board: means the governing authority which has the ultimate jurisdiction over a profession, occupation, or activity which under state law or regulation requires a person to meet certain skills, training, or educational standards prior to being authorized, licensed, or certified to practice or to render a specific service or engage in a trade. See Louisiana Revised Statutes 42:92
  • Chambers: A judge's office.
  • Children: as used in this Part , are defined as children of the firefighter and/or children of the widow of the firefighter who are solely dependent upon the firefighter for their support. See Louisiana Revised Statutes 11:3378
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Club: means any club, corporation, association, or individual under the authority of the commission. See Louisiana Revised Statutes 4:85
  • Commission: means the State Boxing and Wrestling Commission. See Louisiana Revised Statutes 4:85
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conduit individual retirement account: means an account which is covered by the provisions of Section 408(a) of the United States Internal Revenue Code, provided the account only contains assets rolled over to the account as an eligible rollover distribution from a qualified plan, plus earnings on those assets, but does not contain any other assets. See Louisiana Revised Statutes 11:701
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Conviction: A judgement of guilt against a criminal defendant.
  • 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.
  • Creditable service: means "Prior Service" plus "Membership Service" for which credit is allowable as provided in Part III of this Chapter. See Louisiana Revised Statutes 11:701
  • 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.
  • Dependent: A person dependent for support upon another.
  • Docket: A log containing brief entries of court proceedings.
  • Earnable compensation: means the compensation earned by a member during the full normal working time as a teacher. See Louisiana Revised Statutes 11:701
  • Elected official: means any person holding an office in a governmental entity which is filled by the vote of the appropriate electorate. See Louisiana Revised Statutes 42:341
  • Employer: means the state of Louisiana, any city, parish, or other local school board, the State Board of Elementary and Secondary Education, any board created by La. See Louisiana Revised Statutes 11:701
  • Ex officio: Literally, by virtue of one's office.
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Executor: A male person named in a will to carry out the decedent
  • Exhibition: means :

    (a)  As applied to boxing and mixed technique events, any event in which the participants show or display their skills without necessarily striving to win. See Louisiana Revised Statutes 4:85

  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: means the period beginning July first of any year and ending June thirtieth of the next succeeding year. See Louisiana Revised Statutes 11:701
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governmental entity: means the state or any political subdivision. See Louisiana Revised Statutes 42:341
  • Grantor: The person who establishes a trust and places property into it.
  • Guardian: 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.
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • 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
  • Internal Revenue Code: means the United States Internal Revenue Code of 1986, as amended. See Louisiana Revised Statutes 11:701
  • 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.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Member: means any teacher included in the membership of the system as provided in Part II of this Chapter. See Louisiana Revised Statutes 11:701
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Oath: A promise to tell the truth.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • paid or accrued: shall be construed according to the method of accounting upon the basis of which the net income is computed under this Chapter. See Louisiana Revised Statutes 47:98
  • 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.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • 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.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Proxy voting: The practice of allowing a legislator to cast a vote in committee for an absent legislator.
  • Public employee: means anyone who is:

                (a) An administrative officer or official of a governmental entity who is not filling an elective office. See Louisiana Revised Statutes 42:341

  • public office: means any state, district, parish or municipal office, elective or appointive, or any position as member on a board or commission, elective or appointive, when the office or position is established by the constitution or laws of this state. See Louisiana Revised Statutes 42:1
  • Public officer: is a ny person holding a public office in this state. See Louisiana Revised Statutes 42:1
  • Public servant: means a public employee or an elected official. See Louisiana Revised Statutes 42:341
  • Quorum: The number of legislators that must be present to do business.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Retirement: means withdrawal from active service with a retirement allowance granted under the provisions of this Chapter. See Louisiana Revised Statutes 11:701
  • Retirement allowance: means the sum of the annuity and the pensions or any optional benefit payable in lieu thereof. See Louisiana Revised Statutes 11:701
  • Retirement system: means the Teachers' Retirement System of Louisiana as defined in Louisiana Revised Statutes 11:701
  • Running surface waters: means the running waters of the state, including the waters of navigable water bodies and state owned lakes. See Louisiana Revised Statutes 30:962
  • Secretary: means the secretary of the Department of Energy and Natural Resources and his designees. See Louisiana Revised Statutes 30:962
  • Service: means service as a teacher within the meaning of Paragraph (33) of this Section. See Louisiana Revised Statutes 11:701
  • 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.
  • Sexual harassment: means unwelcome sexual advances, requests for sexual favors, and other verbal, physical, or inappropriate conduct of a sexual nature which explicitly or implicitly affects an individual's employment or the holding of office, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment, by a public servant of the state. See Louisiana Revised Statutes 42:352
  • Solar device: means the equipment associated with the collection, transfer, distribution, storage, and control of solar energy. See Louisiana Revised Statutes 30:1151
  • 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.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.