Entity. A real being; existence.
An organization or being that possesses separate existence for tax
purposes. Examples would be corporations, partnerships, estates and trusts. The accounting entity for
which accounting statements are prepared may not be the same as the entity defined by law. An
existence apart, such as a corporation in relation to its stockholders. Entity includes person, estate, trust,
governmental unit. Bankruptcy Act, § 101(14). See also Legal entity.
Legal entity. Legal existence. An entity, other than a natural person, who has sufficient existence in legal
contemplation that it can function legally, be sued or sue and make decisions through agents as in the
Case of corporations.
Birth certificate. A formal document which certifies as to the date and place of one's birth and a
recitation of his or her parentage, as issued by an official in charge of such records. Furnishing of such is
often required to prove one's age. See Birth record.
Birth record. Official statistical data concerning dates and places of persons' birth, as well as
parentage,kept by local government officials. See Birth certificate.
Birth. The act of being born or wholly brought into separate existence.
Date. The specification or mention, in a written instrument, of the time (day, month and year) when it
was made (executed). Also the time so specified. The word is derived from the Latin word "datum"
meaning given and is defined as the time given or specified-in some way ascertained and fixed. The time
when an instrument was made, acknowledged, delivered or recorded; the clause or memorandum
which specifies that fact; and the time from which its operation is to be reckoned. That part of a deed or
writing which expresses the day of the month and year in which it was made or given.
The primary signification of date is not time in the abstract, nor time taken absolutely, but time given or
specified; time in some way ascertained and fixed. When we speak of the date of a deed, date of issue of
a bond or date of a policy, we do not mean the time when it was actually executed, but the time of its
execution as given or stated in the deed itself. The date of an item, or of a charge in a book-account, is
not necessarily the time when the article charged was, in fact, furnished, but rather the time given or set
down in the account, in connection with such charge. And so the expression "the date of the last work
done, or materials furnished," in a mechanic's lien law, may be taken, in the absence of anything in the
act indicating a different intention, to mean the time when such work was done or materials furnished,
as specified in the plaintiffs written claim.
The precise meaning of date, however, depends upon context, since there are numerous instances
when it means actual as distinguished from conventional time. See also Antedate; Backdating; Post-
date.
Instrument. A written document; a formal or legal document in writing, such as a contract, deed, will,
bond, or lease. A negotiable instrument (defined in U.C.C. § 3- 104), or a security (defined in U.C.C. § 8- 1
02) or any other writing which evidences a right to the payment of money and is not itself a security
agreement or lease and is of a type which is in ordinary course of business transferred by delivery with
any necessary indorsement or assignment. U.C.C . § 9- 1 05( 1).
Anything reduced to writing, a document of a formal or solemn character, a writing given as a means of
affording evidence. A document or writing which gives formal expression to a legal act or agreement, for
the purpose of creating, securing, modifying, or terminating a right. A writing executed and delivered as
the evidence of an act or agreement. Moore v. Diamond Dry Goods Co. , 47 Ariz. 128, 54 P.2d 553, 554.
Anything which may be presented as evidence to the senses of the adjudicating tribunal See also Bearer
instrument; Bill; Commercial paper; Negotiable instruments; Note.
Insufficient. Not sufficient; inadequatt: to some need, purpose, or use; wanting in needful value, ability,
or fitness; incompetent; unfit, as insufficient food; insufficient means. It is the antonym of "sufficient. "
Nissen v . Miller, 4 4 N.M. 487, 1 05 P.2d 324, 325.
R. In the signatures of royal persons, "R." is an abbreviation
for "rex" (king) or "regina " (queen).
213.011bDefinitions for chapter.
(4) "File" means the presentation of a vital record provided for in this chapter for
registration by the Vital Statistics Branch;
(10) "Registration" means the acceptance by the Vital Statistics Branch and the
incorporation of vital records provided for in this chapter into its official records;
213.046bRegistration of births required -- Establishment of paternity -- Duties
of institution and cabinet -- Contents of birth certificate.
(1) A certificate of birth for each live birth which occurs in the Commonwealth shall
be filed with the local registrar within ten (10) days after such birth and shall be
registered if it has been completed and filed in accordance with this section. All
certificates shall be typewritten. No certificate shall be held to be complete and
correct that does not supply all items of information called for in this section
and in KRS 213.051, or satisfactorily account for their omission except as
provided in KRS 199.570(3). If a certificate of birth is incomplete, the local
registrar shall immediately notify the responsible person and require that
person to supply the missing items, if that information can be obtained.
213.051bContents of birth certificate.
(1) The person who assumes the custody of a live-born infant of unknown
parentage shall report on a form and in a manner prescribed by the state
registrar within ten (10) days to the Cabinet for Health and Family Services the
following information:
(a) The date and place of finding;
(b) Sex, color or race, and approximate birth date of child;
(c) Name and address of the person or institution with which the child has
been placed for care;
(d) Name given to the child by the custodian of the child; and
(e) Other data as required by the state registrar to complete a birth
certificate.
(2) The place where the child was found shall be entered as the place of birth.
(3) A report registered under this section shall constitute the certificate of birth for
the child.
(4) If the child is identified and a certificate of birth is found or obtained, the report
registered under this section shall be placed in a special file and shall not be
subject to inspection except upon order of a Circuit Court.
Matrix Imeytks/ . In civil law, the protocol or first
draft of a legal instrument, from which all copies
must be taken.
Person. In general usage, a human being (i.e. natural
person), though by statute term may include a firm,
labor organizations, partnerships, associations, corporations,
legal representatives, trustees, trustees in
bankruptcy, or receivers. National Labor Relations
Act, § 2(1).
Illegitimate child. Illegitimate children are "persons"
within meaning of the Equal Protection Clause of the
Fourteenth Amendment, Levy v. Louisiana, 391 U.S.
68, 88 [Link]. 1 509, 1 5 1 1 , 20 [Link].2d 436; and scope of
wrongful death statute, Jordan v. Delta Drilling Co.,
Wyo., 541 P.2d 39, 48.
Interested person. Includes heirs, devisees, children,
spouses, creditors, beneficiaries and any others having
a property right in or claim against a trust estate
or the estate of a decedent, ward or protected person
which may be affected by the proceeding.
Protected person. One for whom a conservator has
been appointed or other protective order has been
made. Uniform Probate Code, § 5-101(3).
(ax) "Jurisdiction of organization," with respect to a registered organization,
means the jurisdiction under whose law the organization is organized;
(bs) "Registered organization" means an organization formed or organized
solely under the law of a single state or the United States by the filing of a
public organic record with, the issuance of a public organic record by, or
the enactment of legislation by the state or the United States. The term
includes a business trust that is formed or organized under the law of a
single state if a statute of the state governing business trusts requires that
the business trust's organic record be filed with the state;
(bu) "Secured party" means:
5. A trustee, indenture trustee, agent, collateral agent, or otherrepresentative in whose favor a security
interest or agricultural lien is
created or provided for; or
6. A person that holds a security interest arising under KRS 355.2-401,
355.2-505, 355.2-711(3), 355.2A-508(5), 355.4-210, or 355.5-118;
(as) "Governmental unit" means a subdivision, agency, department, county,
parish, municipality, or other unit of the government of the United States,
a State, or a foreign country.
Flag, law of. In maritime law, the law of that nation or
country whose flag is flown by a particular vessel. A
ship owner who sends his vessel into a foreign port
gives notice by his flag to all who enter into contracts
with the master that he intends the law of that flag to
regulate such contracts, and that they must either
submit to its operation or not contract with him.
Flag. A national standard on which are certain emblems;
an ensign; a banner. It is carried by soldiers,
ships, etc., and commonly displayed at forts, businesses
and many other suitable places.
355.9-307bLocation of debtor.
(1) In this section, "place of business" means a place where a debtor conducts its
affairs.
(2) Except as otherwise provided in this section, the following rules determine a
debtor's location:
(a) A debtor who is an individual is located at the individual's principal
residence.
(b) A debtor that is an organization and has only one (1) place of business is
located at its place of business.
(c) A debtor that is an organization and has more than one (1) place of
business is located at its chief executive office.
(3) Subsection (2) of this section applies only if a debtor's residence, place of
business, or chief executive office, as applicable, is located in a jurisdiction
whose law generally requires information concerning the existence of a
nonpossessory security interest to be made generally available in a filing,
recording, or registration system as a condition or result of the security
interest's obtaining priority over the rights of a lien creditor with respect to the
collateral. If subsection (2) of this section does not apply, the debtor is located
in the District of Columbia.
(4) A person that ceases to exist, have a residence, or have a place of business
continues to be located in the jurisdiction specified by subsections (2) and (3)
of this section.
(5) A registered organization that is organized under the law of a state is located in
that state.
(6) Except as otherwise provided in subsection (9) of this section, a registered
organization that is organized under the law of the United States and a branch
or agency of a bank that is not organized under the law of the United States or
a state are located:
(a) In the state that the law of the United States designates, if the law
designates a state of location;
(b) In the state that the registered organization, branch, or agency
designates, if the law of the United States authorizes the registered
organization, branch, or agency to designate its state of location,
including by designating its main office, home office, or other comparable
office; or
(c) In the District of Columbia, if neither paragraph (a) nor paragraph (b) of
this subsection applies.
(7) A registered organization continues to be located in the jurisdiction specified by
subsection (5) or (6) of this section notwithstanding:
(a) The suspension, revocation, forfeiture, or lapse of the registered
organization's status as such in its jurisdiction of organization; or
(b) The dissolution, winding up, or cancellation of the existence of the
registered organization.
(8) The United States is located in the District of Columbia.
355.3-103bDefinitions.
(h) "Order" means a written instruction to pay money signed by the person
giving the instruction. The instruction may be addressed to any person,
including the person giving the instruction, or to one (1) or more persons
jointly or in the alternative but not in succession. An authorization to pay is
not an order unless the person authorized to pay is also instructed to pay;
355.1-201bGeneral definitions.
(u) "Holder" means:
1. The person in possession of a negotiable instrument that is payable
either to bearer or to an identified person that is the person in
possession;
(x) "Money" means a medium of exchange currently authorized or adopted
by a domestic or foreign government. The term includes a monetary unit
of account established by an intergovernmental organization or by
agreement between two (2) or more countries;
(y) "Organization" means a person other than an individual;
(aa) "Person" means an individual, corporation, business trust, estate, trust,
partnership, limited liability company, association, joint venture,
government, governmental subdivision, agency, or instrumentality, public
corporation, or any other legal or commercial entity;
(af) "Remedy" means any remedial right to which an aggrieved party is
entitled with or without resort to a tribunal;
(ah) "Right" includes remedy;
355.1-206bPresumptions.
Whenever the Uniform Commercial Code creates a "presumption" with respect to a
fact, or provides that a fact is "presumed," the trier of fact must find the existence of
the fact unless and until evidence is introduced that supports a finding of its
nonexistence.
379.170bCircuit court has jurisdiction of action for settlement of estate.
396.011bPresentation of claims against estate -- Time limitations --
Exceptions.
396.015bMethod of presentation of claims.
Claims against a decedent's estate shall be presented as follows:
396.026bAffidavit of claimant.
386A.1-020bDefinitions for chapter.
(3) "Beneficial owner" means the owner of a beneficial interest in a statutory trust
or foreign statutory trust;
(26) "Property" means all property, whether real, personal, or mixed, or tangible or
intangible, or any interest therein;
(5) "Common-law trust" means a fiduciary relationship with respect to property
arising from a manifestation of intent to create that relationship and subjecting
the person that holds title to the property to duties to deal with the property for
the benefit of charity or for one (1) or more persons, at least one (1) of which is
not the sole trustee, whether the purpose of the trust is donative or commercial.
The term includes the type of trust known at common law as a "business trust,"
"Massachusetts trust," or "Massachusetts business trust";
(34) "Trust" includes a common-law trust, statutory trust, and foreign statutory trust;
(14) "Entity" has the meaning set forth in KRS 14A.1-070;
(16) "Foreign entity" has the same meaning as set forth in KRS 14A.1-070;
(18) "Governing instrument" means the trust instrument and certificate of trust;
(21) "Organization" means a common-law trust that does not have a predominantly
donative purpose; general partnership, including a limited liability partnership;
limited partnership, including a limited liability limited partnership; limited liability
company; corporation; or foreign statutory trust. The term includes a domestic
or foreign organization whether or not organized for profit;
(22) "Organizational documents" means the records that create an organization and
determine its internal governance and the relations among the persons that
own it, have an interest in it, or are members of it;
(1) The law of this Commonwealth pertaining to common-law trusts supplements
this chapter.
386A.1-050bApplicability of trust and other law.b
(2) A governing instrument may supersede or modify application to the statutory
trust of any law of this Commonwealth pertaining to common-law trusts.
(3) Unless displaced by particular provisions of this chapter, the principles of law
and equity supplement this chapter.
(4) Although this chapter is in derogation of common law, the rule of construction
requiring strict construction of statutes which are in derogation of common law
shall not apply to its provisions.
(5) Each statutory trust and each foreign statutory trust is subject to KRS Chapter
14A.
386A.1-060bRule of construction.
(1) It shall be the policy of the Commonwealth through this chapter to give
maximum effect to the principles of freedom of contract and the enforceability
of governing instruments.
(8) A statutory trust governed by this chapter is subject to any amendment or
repeal thereof.
386A.6-010bBeneficial interest.
(1) A beneficial interest in a statutory trust is personal property regardless of the
nature of the property of the trust.
(2) A beneficial interest in a statutory trust is not an interest in specific property of
the statutory trust.
(3) A beneficial interest in a statutory trust is freely transferable.
(4) Any limitations upon transfer of a beneficial interest set forth in the governing
instrument shall be void if the same person is the sole trustee and sole
beneficial owner.
386A.6-020bVoting or consent by beneficial owners.b
(1) The vote of all beneficial owners is required for:
(a) The amendment of the governing instrument;
(b) Compromise of a beneficial owners obligation to make a contribution to
the statutory trust;
(c) The conversion of the statutory trust;
(d) The merger of the statutory trust;
(e) The extension of the term of the statutory trust beyond that provided for in
the governing instrument; and
(f) The dissolution of the statutory trust.
386A.6-030bContribution by beneficial owner.
386A.6-040bDistribution to beneficial owner.
386A.6-070bTransaction with beneficial owner.
Subject to KRS 386A.5-070, a beneficial owner may lend money to, borrow money
from, act as a surety, guarantor, or endorser for, guarantee or assume an obligation
of, provide collateral for, or do other business with the statutory trust and, subject to
law other than this chapter, has the same rights and obligations with respect to those
matters as a person that is not a beneficial owner.
386A.6-100bBeneficial owner's right to information.b
(1) A beneficial owner has the right to receive from the statutory trust or a trustee
information relating to the affairs of a statutory trust which is reasonably related
to the beneficial owners interest.
386A.6-110bAction by beneficial owner.
(1) A beneficial owner may maintain a direct action against a statutory trust or a
trustee to redress an injury sustained by, or to enforce a duty owed to, the
beneficial owner if the beneficial owner can prevail without showing an injury or
breach of duty to the trust.
(2) A beneficial owner may maintain a derivative action to redress an injury
sustained by or enforce a duty owed to a statutory trust if:
(a) The beneficial owner first makes a demand on the trustees, requesting
that the trustees cause the trust to bring an action to redress the injury or
enforce the right, and the trustees do not bring the action within a
reasonable time; or
(b) A demand would be futile.
386A.10-040bEffective date -- Application to business trusts -- Application to
foreign business trusts.
Arrest involves the authority to arrest, the assertion
of that authority with the intent to effect an
arrest, and the restraint of the person to be arrested.
Village of Hoffman Estates v. Union Oil Co. of California,
13 [Link]. 277, 370 N.E.2d 1304, 1 308. All
that is required for an "arrest" is some act by officer
indicating his intention to detain or take person into
custody and therby subject that person to the actual
control and will of the officer; no formal declaration
of arrest is required. Com. v. Brown, 230 [Link].
2 14, 326 A.2d 906, 907.
Civil arrest. The apprehension of a person by virtue
of a lawful authority to answer the demand against
him in a civil action. Also includes arrest of a ship or
cargo in maritime in rem actions. Fed.R. Civil P.,
[Link].R. C(3), D.