Terms Used In New Hampshire Revised Statutes > Chapter 564-F - New Hampshire Foundation Act

• 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.
• Affiliate: shall mean and include the following:
  (a) Any person that directly or indirectly owns, controls, or holds with power to vote a majority of the outstanding voting securities or such minority thereof as to give him substantial control of such a public utility. See New Hampshire Revised Statutes 366:1
• Agency: when used in reference to an office of a foreign bank, shall have the same meaning as set forth in section 1(b)(1) of the federal International Banking Act (12 U. See New Hampshire Revised Statutes 384-F: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.
• Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. ^{Source: FDIC}
• 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.
• Appraisal: A determination of property value.
• 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
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• balloon contract: means a retail installment contract that contains a balloon payment feature. See New Hampshire Revised Statutes 361-A:1
• Balloon payment: means any retail installment contract repayment option under which:
  (a) The retail buyer is required to repay the entire amount of any outstanding balance as of a specified date or at the end of a specified period of time, as determined in accordance with the terms of the retail installment contract pursuant to which the credit is extended;
  (b) The aggregate amount of the minimum periodic payments required would not fully amortize such outstanding balance by such date or at the end of such period; and
  (c) The balloon payment is at least twice the amount of one periodic installment payment under a payment plan that provides for equal periodic installment payments during the term of the balloon contract that precedes the due date of the final balloon payment. See New Hampshire Revised Statutes 361-A:1
• Balloon retail installment contract: or "balloon contract" means a retail installment contract that contains a balloon payment feature. See New Hampshire Revised Statutes 361-A:1
• Bank: means the New Hampshire municipal bond bank created and established by N. See New Hampshire Revised Statutes 374-C:2
• bank: as used in this chapter shall not in any event include a foreign bank or a branch or agency of a foreign bank. See New Hampshire Revised Statutes 384-F:2
• Bank holding company: "subsidiary" and "affiliate" have the same meaning as set forth in section 2 of the Bank Holding Company Act (12 U. See New Hampshire Revised Statutes 384-F:2
• Bank Holding Company Act: means the federal Bank Holding Company Act of 1956, as amended (12 U. See New Hampshire Revised Statutes 384-F:2
• Bank supervisory agency: means :
  (a) The Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System, and any successor to these agencies;
  (b) Any agency of another state with primary responsibility for chartering and supervising banks; and
  (c) Any agency of a country (including any colonies, dependencies, possessions, or political subdivisions thereof) other than the United States. See New Hampshire Revised Statutes 384-F:2
• 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.
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• 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}
• Bequest: Property gifted by will.
• Bond bank: means the New Hampshire municipal bond bank created and established under RSA 35-A. See New Hampshire Revised Statutes 374-E:3
• Bonds: means bonds of the bank issued pursuant to this chapter. See New Hampshire Revised Statutes 374-C:2
• Bonds: means bonds of the division issued under this chapter. See New Hampshire Revised Statutes 374-E:3
• Branch: when used in reference to an office of a foreign bank, shall have the same meaning as set forth in section 1(b)(3) of the federal International Banking Act (12 U. See New Hampshire Revised Statutes 384-F:2
• Branch office: means a business location within this state of a person required to be licensed under this chapter. See New Hampshire Revised Statutes 361-A:1
• buyer: means a person who buys a motor vehicle from a retail seller and who executes a retail installment contract either with the retail seller or with any lender. See New Hampshire Revised Statutes 361-A:1
• bylaw: when used in reference to legislative action taken by a city, town, county or village district shall have the same meaning as an ordinance and shall be subject to the same procedures for enactment. See New Hampshire Revised Statutes 21:45
• campground: means a recreational camping park on which 10 or more tents, or recreational vehicles including trailers, tent trailers, vans, pickup campers, or motor homes are used as temporary living quarters for recreational use, and a fee is charged for such land use. See New Hampshire Revised Statutes 362:1-a
• Cash sale price: means the price stated in a retail installment contract for which the seller would have sold to the buyer, and the buyer would have bought from the seller, the motor vehicle which is the subject matter of the retail installment contract, if such sale had been a sale for cash instead of a retail installment transaction. See New Hampshire Revised Statutes 361-A:1
• certificate: means a certificate of public convenience and necessity issued under the provisions of this chapter to a common carrier of passengers by motor vehicle. See New Hampshire Revised Statutes 376:2
• Chapter: means this New Hampshire public utility bond financing chapter. See New Hampshire Revised Statutes 374-C:2
• 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.
• commission: as used in this title , means the public utilities commission. See New Hampshire Revised Statutes 362:1
• Commissioner: means the bank commissioner. See New Hampshire Revised Statutes 361-A:1
• Commissioner: means the New Hampshire bank commissioner. See New Hampshire Revised Statutes 384-F:2
• Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
• common carrier of passengers: means a person holding itself out to the general public to provide motor vehicle transportation for compensation over regular or irregular routes, or both. See New Hampshire Revised Statutes 376:2
• 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.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• contract: means an agreement pursuant to which the title to, the property in, or a lien upon the motor vehicle, which is the subject matter of a retail installment transaction, is retained or taken by a sales finance company indirectly from a retail seller or directly from a retail buyer, as security, in whole or in part, for the retail buyer's obligation. See New Hampshire Revised Statutes 361-A:1
• contract carrier of passengers: means a person providing motor vehicle transportation for compensation under continuing agreements with one or more persons:
  (a) By assigning motor vehicles for a continuing period of time for the exclusive use of each such person; or
  (b) Designed to meet the distinct needs of each person. See New Hampshire Revised Statutes 376:2
• Control: means the power, directly or indirectly, to direct the management or policies of a company, whether through ownership of securities, by contract, or otherwise. See New Hampshire Revised Statutes 361-A:1
• control: shall be construed consistently with the provisions of section 2(a)(2) of the Bank Holding Company Act (12 U. See New Hampshire Revised Statutes 384-F:2
• 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.
• Counterclaim: A claim that a defendant makes against a plaintiff.
• 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.
• Department: means the banking department. See New Hampshire Revised Statutes 361-A:1
• department: means the department of safety. See New Hampshire Revised Statutes 376:2
• 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.
• depository institution: means any institution that is included for any purpose within the definitions of "insured depository institution" as set forth in sections 3(c)(2) and 3(c)(3) of the Federal Deposit Insurance Act (12 U. See New Hampshire Revised Statutes 384-F:2
• 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:
• Division: means the New Hampshire municipal bond bank-small scale power facility division created and established under N. See New Hampshire Revised Statutes 374-E:3
• Docket: A log containing brief entries of court proceedings.
• Documentary fees: mean the fees for filing, recording or investigating, perfecting and releasing or satisfying a retained title or a lien created by a retail installment contract, and shall not exceed the actual cost assessed by the department of safety, division of motor vehicles, or other state or local agency for filing, recording or investigating, perfecting and releasing or satisfying such title or lien. See New Hampshire Revised Statutes 361-A:1
• End user: means any telecommunications services customer that is not a telecommunications carrier or telecommunications public utility except that a telecommunications carrier or public utility shall be deemed to be an "end user" when such carrier uses a telecommunications service for administrative purposes. See New Hampshire Revised Statutes 362:7
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• 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.
• Excepted local exchange carrier: means :
  (1) An incumbent local exchange carrier providing telephone services to 25,000 or more lines; or
  (2) An incumbent local exchange carrier providing service to less than 25,000 lines that elects to be excepted, upon the filing with the commission of a written notice advising of said election; or
  (3) Any provider of telecommunications services that is not an incumbent local exchange carrier. See New Hampshire Revised Statutes 362:7
• Executor: A male person named in a will to carry out the decedent
• 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.
• Federal agency: means an agency of a foreign bank that is licensed by the Comptroller of the Currency pursuant to the provisions of section 4 of the federal International Banking Act (12 U. See New Hampshire Revised Statutes 384-F:2
• Federal branch: means a branch of a foreign bank that is licensed by the Comptroller of the Currency pursuant to the provisions of section 4 of the federal International Banking Act (12 U. See New Hampshire Revised Statutes 384-F:2
• Federal Deposit Insurance Act: means the Federal Deposit Insurance Act, as amended (12 U. See New Hampshire Revised Statutes 384-F:2
• Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. ^{Source: OCC}
• 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.
• Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. ^{Source: OCC}
• Finance charge: means the amount agreed upon between the buyer and the seller, as limited in this chapter, to be added to the cash sale price, the amount, if any, included for insurance and other benefits, if a separate charge is made therefor, and documentary fees, in determining the time price. See New Hampshire Revised Statutes 361-A:1
• Financial services: or "financial services-related" means securities, commodities, banking, insurance, consumer lending, money transmission, debt adjustment, or real estate, including, but not limited to, acting as or being associated with a bank or savings association, credit union, mortgage lender, mortgage broker, mortgage servicer, real estate salesperson or agent, closing agent, title company, or escrow agent. See New Hampshire Revised Statutes 361-A:1
• financial services-related: means securities, commodities, banking, insurance, consumer lending, money transmission, debt adjustment, or real estate, including, but not limited to, acting as or being associated with a bank or savings association, credit union, mortgage lender, mortgage broker, mortgage servicer, real estate salesperson or agent, closing agent, title company, or escrow agent. See New Hampshire Revised Statutes 361-A:1
• 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.
• Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
  • You are late making a payment or commit some other default, triggering an increase to a penalty rate
  • The bank changes the terms of your account and you do not reject the change.
  • The rate expires (if the rate was fixed for only a certain period of time).
• following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
• 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}
• Foreign bank: means any company organized under the laws of a foreign country, a territory of the United States, Puerto Rico, Guam, American Samoa, or the Virgin Islands, that engages directly in the business of banking. See New Hampshire Revised Statutes 384-F:2
• 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.
• Fully marketable form: means a public utility bond duly executed and accompanied by such opinion of counsel and other documentation as is customary in the field of public utility financing, provided that the public utility bond so executed need not be printed or lithographed nor be in more than one denomination. See New Hampshire Revised Statutes 374-C:2
• Fully marketable form: means a municipal security duly executed and accompanied by an approving legal opinion of a bond counsel of recognized standing in the field of municipal law whose opinions have been and are accepted by purchasers of like municipal bonds, provided that the municipal security so executed need not be printed or lithographed nor be in more than one denomination. See New Hampshire Revised Statutes 374-E:3
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• governor and council: shall mean the governor with the advice and consent of the council. See New Hampshire Revised Statutes 21:31-a
• Grantor: The person who establishes a trust and places property into it.
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• 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.
• highway: means the roads, highways, streets and ways laid out for and used generally by the public. See New Hampshire Revised Statutes 376:2
• Home state: has the same meaning in reference to national banks, state banks, and bank holding companies as is set forth in section 44(f)(4) of the Federal Deposit Insurance Act (12 U. See New Hampshire Revised Statutes 384-F:2
• hot water: means water that has a temperature of no more than 200 degrees Fahrenheit that circulates in a district heating system under pressure of no more than 232 pounds per square inch. See New Hampshire Revised Statutes 362:4-d
• 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.
• Indirect owner: means , with respect to direct owners and other indirect owners in a multilayered organization:
  (a) In the case of an owner that is a corporation, each of its shareholders that beneficially owns, has the right to vote, or has the power to sell or direct the sale of, 25 percent or more of that corporation. See New Hampshire Revised Statutes 361-A:1
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• insane person: shall include every idiot, non-compos, lunatic, insane, or distracted person. See New Hampshire Revised Statutes 21:18
• 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}
• Interstate Banking and Branching Efficiency Act: means the federal Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994, Public Law No. See New Hampshire Revised Statutes 384-F:2
• Interstate branch: means a branch of a bank or a branch of a foreign bank, as the context may require, which is (or is to be) established after September 29, 1994, pursuant to the authority contained in the Interstate Banking and Branching Efficiency Act, outside the home state of the bank or foreign bank. See New Hampshire Revised Statutes 384-F:2
• IP-enabled service: means any service, capability, functionality, or application provided using Internet Protocol, or any successor protocol, that enables a user to send or receive a communication in Internet Protocol format or any successor format, regardless of technology; provided, however, that no service included within the definition of "Voice over Internet Protocol service" shall be included within this definition. See New Hampshire Revised Statutes 362:7
• Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
• 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.
• Juror: A person who is on the jury.
• justice: when applied to a magistrate, shall mean a justice of a municipal court, or a justice of the peace having jurisdiction over the subject-matter. See New Hampshire Revised Statutes 21:12
• 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}
• 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.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Limited branch: means a branch of a foreign bank that accepts only such deposits as would be permissible for a corporation organized under section 25A of the Federal Reserve Act in accordance with the provisions of section 5(a)(7) of the federal International Banking Act (12 U. See New Hampshire Revised Statutes 384-F:2
• Lineal descendant: Direct descendant of the same ancestors.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Minimum finance charge: The minimum, or fixed, finance charge that will be imposed during a billing cycle. A minimum finance charge usually applies only when a finance charge is imposed, that is, when you carry over a balance. ^{Source: Federal Reserve}
• month: shall mean a calendar month, and the word "year" a calendar year, unless otherwise expressed; and the word "year" shall be equivalent to the expression "year of our Lord. See New Hampshire Revised Statutes 21:8
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
• motor carrier: includes both a common carrier and a contract carrier of passengers by motor vehicle. See New Hampshire Revised Statutes 376:2
• Motor vehicle: means any device propelled or drawn by any power other than muscular power, in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting power shovels, road machinery, buses, agricultural machinery, house and boat trailers, all-terrain vehicles, snowmobiles, and similar recreational vehicles designed primarily for off-road use. See New Hampshire Revised Statutes 361-A:1
• Municipality: means any county, city, town, or village district within the state or other body corporate and politic having the power to issue its bonds or notes on behalf of any of the foregoing. See New Hampshire Revised Statutes 374-E:3
• 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}
• Nationwide Multistate Licensing System and Registry: means a national licensing system and facility developed and maintained by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators, or their successors, for the licensing and registration of mortgage loan originators, mortgage lenders, mortgage servicers, mortgage brokers, and other non-depository financial service licensees, including retail sellers and sales finance companies. See New Hampshire Revised Statutes 361-A:1
• New Hampshire bank: means a New Hampshire state bank or a New Hampshire national bank. See New Hampshire Revised Statutes 384-F:2
• New Hampshire representative office: shall mean any such office that is located in this state. See New Hampshire Revised Statutes 384-F:2
• New Hampshire state agency: when used in reference to an office of a foreign bank, shall mean an agency of a foreign bank that is located in this state and licensed pursuant to the provisions of this chapter. See New Hampshire Revised Statutes 384-F:2
• New Hampshire state bank: means a bank organized under the laws of New Hampshire. See New Hampshire Revised Statutes 384-F:2
• New Hampshire state branch: when used in reference to an office of a foreign bank, shall mean a branch of a foreign bank that is located in this state and licensed pursuant to the provisions of this chapter. See New Hampshire Revised Statutes 384-F:2
• Notes: means any notes of the bank issued pursuant to this chapter. See New Hampshire Revised Statutes 374-C:2
• Notes: means any notes of the division issued under this chapter. See New Hampshire Revised Statutes 374-E:3
• Oath: A promise to tell the truth.
• oath: shall include "affirmation" in all cases where by law an affirmation may be substituted for an oath; and, in like cases, the word "sworn" shall include the word "affirmed. See New Hampshire Revised Statutes 21:24
• 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.
• Out-of-state bank: means a bank, the home state of which is a state other than New Hampshire. See New Hampshire Revised Statutes 384-F:2
• Out-of-state foreign bank: means a foreign bank the home state of which is a state other than New Hampshire. See New Hampshire Revised Statutes 384-F:2
• Oversight: Committee review of the activities of a Federal agency or program.
• 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.
• permit: means a permit issued under the provisions of this chapter to a contract carrier of passengers by motor vehicle. See New Hampshire Revised Statutes 376:2
• Person: means an individual, partnership, corporation, association, and any other group however organized. See New Hampshire Revised Statutes 361-A:1
• Person: shall mean and include individuals, corporations, trustees, lessees, holders of beneficial equitable title, voluntary associations, receivers, and partnerships. See New Hampshire Revised Statutes 366:1
• person: means any individual, firm, copartnership, corporation, company, association or joint-stock association, railroad corporation, including any trustee, administrator, executor, receiver, assignee or other personal representative thereof. See New Hampshire Revised Statutes 376:2
• person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
• Personal property: All property that is not real property.
• petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
• petitioner: shall mean plaintiff. See New Hampshire Revised Statutes 21:51
• 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.
• 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}
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Principal: of the applicant or licensee means an owner with 10 percent or more ownership interest, corporate officer, director, member, general or limited liability partner, limited partner with 10 percent or more ownership interest, trustee, beneficiary of 10 percent or more of the trust that owns the applicant or licensee, indirect owner, senior manager, New Hampshire branch manager, and any person occupying similar status or performing similar functions. See New Hampshire Revised Statutes 361-A:1
• Principal office: means the main office location of a person required to be licensed under this chapter. See New Hampshire Revised Statutes 361-A:1
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Public utility: means any corporation, company, association, joint stock association, partnership or person within the state which owns, operates or manages any plant or equipment for the manufacture or furnishing of light, heat, power or water for the public, or in the generation, transmission or sale of energy ultimately sold to the public and which is regulated by the New Hampshire public utilities commission. See New Hampshire Revised Statutes 374-C:2
• Public utility bond: or "utility bond" means a bond or note or evidence of debt issued by a public utility and payable from rates, charges or other revenue, but shall not include any bond or note or evidence of debt issued by any other state or any public body or public utility thereof. See New Hampshire Revised Statutes 374-C:2
• Public utility general fund: means the fund created or established as provided in N. See New Hampshire Revised Statutes 374-C:2
• Public utility reserve fund: means any of the public utility bond reserve funds created or established as provided in N. See New Hampshire Revised Statutes 374-C:2
• Publicly traded: means a company whose securities are traded on a securities exchange system approved and supervised by the Securities and Exchange Commission, including but not limited to the NYSE, AMEX, BSE, and NASDAQ. See New Hampshire Revised Statutes 361-A:1
• Quorum: The number of legislators that must be present to do business.
• real estate: shall include lands, tenements, and hereditaments, and all rights thereto and interests therein. See New Hampshire Revised Statutes 21:21
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• 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}
• registered mail: when used in connection with the requirement for notice by mail shall mean either registered mail or certified mail. See New Hampshire Revised Statutes 21:32-a
• 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.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Representative office: shall have the same meaning as set forth in section 1(b)(15) of the federal International Banking Act (12 U. See New Hampshire Revised Statutes 384-F:2
• 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.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Retail buyer: or "buyer" means a person who buys a motor vehicle from a retail seller and who executes a retail installment contract either with the retail seller or with any lender. See New Hampshire Revised Statutes 361-A:1
• Retail installment contract: or "contract" means an agreement pursuant to which the title to, the property in, or a lien upon the motor vehicle, which is the subject matter of a retail installment transaction, is retained or taken by a sales finance company indirectly from a retail seller or directly from a retail buyer, as security, in whole or in part, for the retail buyer's obligation. See New Hampshire Revised Statutes 361-A:1
• Retail installment transaction: means any consumer credit transaction as defined in N. See New Hampshire Revised Statutes 361-A:1
• Retail seller: or "seller" means a person who sells a motor vehicle in this state subject to a retail installment contract. See New Hampshire Revised Statutes 361-A:1
• Revenues: means all fees, charges, moneys, profits, payments of principal of or interest on utility bonds and other investments, gifts, grants, contributions, appropriations and all other income derived or to be derived by the bank under this chapter. See New Hampshire Revised Statutes 374-C:2
• Revenues: means all fees, charges, moneys, profits, payments of principal of or interest on municipal small scale power facility bonds and other investments, gifts, grants, contributions, appropriations, and all other income derived or to be derived by the division under this chapter. See New Hampshire Revised Statutes 374-E:3
• Revolving credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or open-end credit.) ^{Source: OCC}
• road: shall include all bridges thereon. See New Hampshire Revised Statutes 21:26
• Sales finance company: means a person engaged, in whole or in part, directly or indirectly, in the business of providing motor vehicle financing in this state to one or more retail buyers, or in the business of purchasing retail installment contracts from one or more retail sellers. See New Hampshire Revised Statutes 361-A:1
• seal: shall include an impression of the official seal made upon the paper alone, as well as an impression thereof made by means of wax, or a wafer, affixed thereto. See New Hampshire Revised Statutes 21:11
• seller: means a person who sells a motor vehicle in this state subject to a retail installment contract. See New Hampshire Revised Statutes 361-A:1
• 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.
• Sexual orientation: means having or being perceived as having an orientation for heterosexuality, bisexuality, or homosexuality. See New Hampshire Revised Statutes 21:49
• Small scale power facility bond reserve fund: means any bond reserve fund of the division created or established as provided in N. See New Hampshire Revised Statutes 374-E:3
• State: means the state of New Hampshire. See New Hampshire Revised Statutes 374-E:3
• State: has the same meaning as is set forth in section 3(a)(3) of the Federal Deposit Insurance Act (12 U. See New Hampshire Revised Statutes 384-F:2
• state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Subpoena duces tecum: A command to a witness to produce documents.
• Summons: Another word for subpoena used by the criminal justice system.
• sworn: when applied to public officers required by the constitution to take oaths therein prescribed, shall refer to those oaths; when applied to other officers it shall mean sworn to the faithful discharge of the duties of their offices before a justice of the peace, or other person authorized to administer official oaths in such cases. See New Hampshire Revised Statutes 21:25
• 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.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• This chapter: means this New Hampshire municipal bond bank small scale power facility act. See New Hampshire Revised Statutes 374-E:3
• 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.
• Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on ^{Source: OCC}
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• United States: when used in a geographical sense, means the several states, the District of Columbia, Puerto Rico, Guam, American Samoa, the American Virgin Islands, the Trust Territory of the Pacific Islands, and any other territory of the United States; and, when used in a political sense, means the federal government of the United States. See New Hampshire Revised Statutes 384-F:2
• United States: shall include said district and territories. See New Hampshire Revised Statutes 21:4
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• utility bond: means a bond or note or evidence of debt issued by a public utility and payable from rates, charges or other revenue, but shall not include any bond or note or evidence of debt issued by any other state or any public body or public utility thereof. See New Hampshire Revised Statutes 374-C:2
• vanpooling: means an arrangement for the transportation of persons to and from work on a nonprofit basis utilizing a motor vehicle manufactured primarily for use in transporting not less than 8 people and not more than 15 people, whose operator must be 18 years of age or older and must hold a vanpool operator's permit. See New Hampshire Revised Statutes 376:2
• Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
• Venue: The geographical location in which a case is tried.
• 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.