Terms Used In Virginia Code > Title 8.01 > Chapter 22 - Receivers, General and Special

• Agency: means any authority, instrumentality, officer, board or other unit of the state government empowered by the basic laws to make regulations or decide cases. See Virginia Code 2.2-4001
• Agency action: means either an agency's regulation or case decision or both, any violation, compliance, or noncompliance with which could be a basis for the imposition of injunctive orders, penal or civil sanctions of any kind, or the grant or denial of relief or of a license, right, or benefit by any agency or court. See Virginia Code 2.2-4001
• Agent: means any person who acts for another with or without compensation at the request, or with the knowledge and acquiescence, of the other in dealing with third persons. See Virginia Code 54.1-3939
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• attorney: means attorney-at-law. See Virginia Code 54.1-3900
• 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.
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• 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}
• Board: means the Commonwealth Transportation Board. See Virginia Code 33.2-100
• Bond with surety: includes the payment in cash of the full amount of the required bond and, in such case, no surety shall be required. See Virginia Code 1-205
• Capital investment: means an expenditure by or on behalf of a qualified company on or after January 1, 2020, in real property, tangible personal property, or both, at a facility located in an eligible county that is properly chargeable to a capital account or would be so chargeable with a proper election. See Virginia Code 59.1-284.38
• Capital investment: means an expenditure within an eligible locality, by or on behalf of a qualified company on or after January 1, 2021, in real property, tangible personal property, or both, at one of the facilities within an eligible locality that has been capitalized or is subject to being capitalized. See Virginia Code 59.1-284.39
• capper: means any person acting within the Commonwealth as an agent for an attorney in the solicitation of professional employment for the attorney. See Virginia Code 54.1-3939
• case decision: means any agency proceeding or determination that, under laws or regulations at the time, a named party as a matter of past or present fact, or of threatened or contemplated private action, either is, is not, or may or may not be (i) in violation of such law or regulation or (ii) in compliance with any existing requirement for obtaining or retaining a license or other right or benefit. See Virginia Code 2.2-4001
• Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
• 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.
• Coal surface mining operation: means :

  1. See Virginia Code 45.2-1000

• Commission: means the State Corporation Commission. See Virginia Code 6.2-100
• Commissioner: means the Commissioner of Financial Institutions. See Virginia Code 6.2-100
• Commissioner of Highways: means the individual who serves as the chief executive officer of the Department of Transportation. See Virginia Code 33.2-100
• 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.
• Conservation easement: means a nonpossessory interest of a holder in real property, whether easement appurtenant or in gross, acquired through gift, purchase, devise, or bequest imposing limitations or affirmative obligations, the purposes of which include retaining or protecting natural or open-space values of real property, assuring its availability for agricultural, forestal, recreational, or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural or archaeological aspects of real property. See Virginia Code 10.1-1009
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• Department: means the Department of Conservation and Recreation. See Virginia Code 10.1-100
• Director: means the Director of the Department of Conservation and Recreation. See Virginia Code 10.1-100
• Division: means the Division of Mined Land Repurposing. See Virginia Code 45.2-1000
• Donee: The recipient of a gift.
• Eligible county: means Fairfax County. See Virginia Code 59.1-284.38
• Eligible locality: means the City of Norfolk or the County of Arlington. See Virginia Code 59.1-284.39
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Facilities: means the buildings, group of buildings, or campus, including any related furniture, fixtures, equipment, and business personal property, in an eligible locality that is owned, leased, licensed, occupied, or otherwise operated by or on behalf of a qualified company for use as a headquarters facility, a customer care center, or a research and development innovation center in the furtherance of its shipping and logistics business. See Virginia Code 59.1-284.39
• Facility: means the building, group of buildings, or corporate campus, including any related machinery and tools, furniture, fixtures, and business personal property, located in an eligible county, that is owned, leased, licensed, occupied, or otherwise operated by a qualified company for use in the administration, management, and operation of its business, including software development and technology research and development. See Virginia Code 59.1-284.38
• Federal act: means the federal Surface Mining Control and Reclamation Act of 1977, P. See Virginia Code 45.2-1000
• 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}
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiduciary: shall include any one or more of the following:

  a. See Virginia Code 8.01-2

• Fraud: Intentional deception resulting in injury to another.
• Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. ^{Source: OCC}
• Fund: means the Shipping and Logistics Headquarters Grant Fund. See Virginia Code 59.1-284.39
• Fund: means the Technology Development Grant Fund. See Virginia Code 59.1-284.38
• Grant: means a grant from the Fund awarded to a qualified company in an aggregate amount of up to $9,042,875. See Virginia Code 59.1-284.39
• Grantor: The person who establishes a trust and places property into it.
• Grants: means grants from the Fund awarded to a qualified company in an aggregate amount not to exceed $22. See Virginia Code 59.1-284.38
• Hearing: means agency processes other than those informational or factual inquiries of an informal nature provided in §§ Virginia Code 2.2-4001
• Hearing officer: means an attorney selected from a list maintained by the Executive Secretary of the Supreme Court in accordance with § Virginia Code 2.2-4001
• Highway: means the entire width between the boundary lines of every way or place open to the use of the public for purposes of vehicular travel in the Commonwealth. See Virginia Code 33.2-100
• Holder: means a charitable corporation, charitable association, or charitable trust which has been declared exempt from taxation pursuant to Virginia Code 10.1-1009
• Legatee: A beneficiary of a decedent
• Licensee: means a mortgage lender or mortgage broker licensed by the Commission pursuant to this chapter. See Virginia Code 6.2-1600
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Memorandum of understanding: means a performance agreement or related document entered into on or before August 1, 2022, between a qualified company and the Commonwealth that sets forth the requirements for capital investment and the creation of new jobs for the qualified company. See Virginia Code 59.1-284.39
• Memorandum of understanding: means a performance agreement or related document entered into on or before August 1, 2020, among a qualified company, the Commonwealth, and VEDP that sets forth the requirements for capital investment and the creation of new full-time jobs for the qualified company to be eligible for grants from the Fund. See Virginia Code 59.1-284.38
• Mortgage broker: means any person who directly or indirectly negotiates, places or finds mortgage loans for others, or offers to negotiate, place or find mortgage loans for others. See Virginia Code 6.2-1600
• Mortgage lender: means any person who directly or indirectly originates or makes mortgage loans. See Virginia Code 6.2-1600
• Mortgage loan: means a loan made to an individual, the proceeds of which are to be used primarily for personal, family or household purposes, which loan is secured by a mortgage or deed of trust upon any interest in one- to four-family residential property located in the Commonwealth, regardless of where made, including the renewal or refinancing of any such loan, but excluding (i) loans to persons related to the lender by blood or marriage and (ii) loans to persons who are bona fide employees of the lender. See Virginia Code 6.2-1600
• Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
• New job: means full-time employment at or associated with any of the facilities measured at any time after January 1, 2021, for which the annual average wage is at least $56,713 for a position in the City of Norfolk or at least $99,385 for a position in the County of Arlington, that requires a minimum of 38 hours of an employee's time per week for the entire normal year, consisting of at least 48 weeks, of the qualified company's operations. See Virginia Code 59.1-284.39
• Office: means a location other than a licensee's principal place of business where (i) the licensee negotiates, places, finds, or makes Virginia mortgage loans; (ii) the licensee's name, advertising or promotional materials, or signage indicates that the licensee negotiates, places, finds, or makes Virginia mortgage loans from the location; or (iii) the licensee maintains books, accounts, or records of Virginia mortgage loans. See Virginia Code 6.2-1600
• Operator: means any person engaging in a coal surface mining operation whether or not such coal is sold within the Commonwealth. See Virginia Code 45.2-1000
• Oversight: Committee review of the activities of a Federal agency or program.
• Permit: means a permit issued by the Director pursuant to state regulations. See Virginia Code 45.2-1000
• Permittee: means a person holding any of the following permits issued by the Director: (i) a permit for coal surface mining pursuant to § Virginia Code 45.2-1000
• Person: shall include individuals, a trust, an estate, a partnership, an association, an order, a corporation, or any other legal or commercial entity;

  6. See Virginia Code 8.01-2

• Person: means any individual, partnership, association, joint venture, trust, company, firm, joint stock company, corporation, other group or combination acting as a unit, or other legal entity. See Virginia Code 45.2-1000
• Person: means any individual or entity. See Virginia Code 6.2-1600
• Person under a disability: shall include :

  a. See Virginia Code 8.01-2

• 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.
• Principal: means any person who, directly or indirectly, owns or controls a 10 percent or greater interest in any entity. See Virginia Code 6.2-1600
• Public assistance and social services programs: means those programs specified in § Virginia Code 2.2-4001
• Public body: means any entity defined in § Virginia Code 10.1-1009
• Qualified company: means a shipping and logistics company, and its affiliates, that between January 1, 2021, and September 30, 2030, is expected to (i) retain its North American headquarters operations in the City of Norfolk; (ii) make or cause to be made a capital investment at one or more of the facilities of at least $36 million; (iii) create and maintain at least 415 new jobs at or associated with the facilities related to, or supportive of, its shipping and logistics business functions; and (iv) establish and operate a research and development innovation center. See Virginia Code 59.1-284.39
• Qualified company: means a technology company, including its affiliates, that between January 1, 2020, and June 30, 2025, is expected to (i) make a capital investment at a facility of at least $64 million and (ii) create at least 1,500 new full-time jobs at the facility related to, or supportive of, its business. See Virginia Code 59.1-284.38
• Registry: means the mortgage licensing and registration system developed and maintained by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators. See Virginia Code 6.2-1600
• regulation: means any statement of general application, having the force of law, affecting the rights or conduct of any person, adopted by an agency in accordance with the authority conferred on it by applicable basic laws. See Virginia Code 2.2-4001
• 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.
• Remote location: means a location, other than a licensee's principal place of business or office, at which the employees or exclusive agents of a licensee may conduct business if the requirements set forth in subsection F of § Virginia Code 6.2-1600
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Secretary: means the Secretary of Commerce and Trade. See Virginia Code 59.1-284.38
• Secretary: means the Secretary of Commerce and Trade or his designee. See Virginia Code 59.1-284.39
• Secretary: means the U. See Virginia Code 45.2-1000
• 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.
• state agency: means the same as that term is defined in § Virginia Code 1-206
• Statute: A law passed by a legislature.
• VEDP: means the Virginia Economic Development Partnership Authority. See Virginia Code 59.1-284.38