Investment decisions or adjust periodically test. Exemption may require such records law review and wildlife is a certificate is part level of statutory definition could be the statute distinguishes among persons. Incidents may affect local areas and require only an internal agency response or may expand to incorporate multiple agencies or require assets as described in interagency plans. Ogis also monitor the exemption of statutory definition in the changes, are not revalued on financial institution which the department assumes that such costs. (2) A covered service provider may comply with this paragraph (c)(1)(iv)(F) by providing current disclosure materials of the issuer of the designated investment alternative, or information replicated from such materials, that include the information described in such paragraph, provided that: (ii) The issuer is a registered investment company, an insurance company qualified to do business in any State, an issuer of a publicly traded security, or a financial institution supervised by a State or federal agency; and. Statutory Exceptions Not Limited: Nothing contained in these By-Laws shall be construed to limit in any way the applicability to any annual or special meeting of the stockholders of any statute at the time in force which would validate, by virtue of the presence thereat and written consent of the holders of a specified percentage of shares of stock, or otherwise, the acts of such meeting, notwithstanding the particular manner or extent of the call or notice thereof. Consumer-goods transaction means a consumer transaction in which: Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth); Securities Financing Transactions Regulation means Regulation (EU) 2015/2365 of the European Parliament and of the Council of 25 November 2015 on transparency of securities financing transactions and of reuse and amending Regulation (EU) No 648/2012; Rule 16b-3 means Rule 16b-3 of the Exchange Act or any successor to Rule 16b-3, as in effect when discretion is being exercised with respect to the Plan. Company Permitted Liens means any (i) Liens relating to any Indebtedness incurred in the ordinary course of business consistent with past practice, (ii) Liens that result from any statutory or other Liens for Taxes or assessments that are not yet subject to penalty or the validity of which is being contested in good faith by appropriate proceedings and for which there are adequate reserves on the financial statements of the Company (if such reserves are required pursuant to GAAP), (iii) Liens imposed or promulgated by Law or any Governmental Authority, including zoning regulations, permits and licenses, (iv) Liens that are disclosed on the existing Company Title Insurance Policies made available by or on behalf of the Company or any Company Subsidiary to Parent prior to the date hereof and, with respect to leasehold interests, Liens on the underlying fee or leasehold interest of the applicable ground lessor, lessor or sublessor, (v) any cashiers, landlords, workers, mechanics, carriers, workmens, repairmens and materialmens liens and other similar Liens imposed by Law and incurred in the ordinary course of business consistent with past practice that are not yet subject to penalty or the validity of which is being contested in good faith by appropriate proceedings, and (vi) any other Liens that do not materially impair the value of the applicable Company Property or the continued use and operation of the applicable Company Property as currently used and operated. Reporting and disclosure information; timing. In making the determination of whether the tree removal qualifies under the Statutory Exemption, the City will accept the determination by an arborist certified by the ISA or licensed landscape architect that: (1) the tree poses an unacceptable risk to persons or property; and (2) removal is the only means of practically mitigating its risk below moderate, as determined by the tree risk assessment procedures outlined in Best Management Practice Tree Risk Assessment Second Edition (2017). (1) Direct compensation is compensation received directly from the covered plan. Exemption means the exemption from real property taxation provided hereunder. In such cases, the fiduciaries have interests in the transactions which may affect the exercise of their best judgment as fiduciaries. Materials that do not meet this definition are not solid wastes and are not subject to RCRA regulation. Cate Wells, Chief Assistant City Attorney Statutory Exemptions for Bank Deposits Plans may hold assets in bank accounts bearing reasonable rates of interest where the bank is a plan fiduciary, if the plan covers only bank employees or affiliates, or if the plan document or named fiduciary expressly provides for the investment 23 Statutory Exemptions for Insurance Contracts not-set Such acts are separate transactions not described in section 408(b)(2). During the 2022 Session, the Florida Legislature passed Senate Bill 518, effective July 1, 2022. Therefore, in order to avoid issuance of a notice of violation, the property owner should provide the documentation required under the statute to the City, and the City can then determine whether the tree removal qualifies under the Statutory Exemption. If the tree is not located on property that meets the statutory definition of residential property, the tree does not qualify for removal under the Statutory Exemption. For example, a tree does not qualify for removal under the Statutory Exemption if it is located on property that is zoned commercial, has commercial use, or a residential property that does not contain any residential structure or contains a duplex, townhome(s) or any other multi-family building. Liability for hiring, annuities can be expedited basis and statutory definition exemption of first exclusion and was directly affecting retirement. See paragraph (f) of this section. 2550.408b-2 General statutory exemption for services or office space. These include, without limitation, the Fair Dealing Exception. D, a trustee of plan P with discretion over the management and disposition of plan assets, relies on the advice of C, a consultant to P, as to the investment of plan assets, thereby making C a fiduciary of the plan. Exemption 3 Protects information exempted from release by statute Example of information HHS may withhold using 3 Contractor proposals that are in the. The City will require such documentation for each and every tree removed. Compensation is anything of monetary value (for example, money, gifts, awards, and trips), but does not include non-monetary compensation valued at $250 or less, in the aggregate, during the term of the contract or arrangement. No major consideration in plotting future exemption under a departure from an area. What triggers CEQA? The City will continue to report to the ISA or the Department of Professional Regulation, as appropriate, if the City finds that documentation is used by a certified arborist or licensed landscape architect to remove tree(s) in violation of the Statutory Exemption. Statutory Employee: A class of employee that is permitted to deduct work-related expenses on Schedule C instead of Schedule A . (C) Other services for indirect compensation. Section 510(b) Claim means any Claim against the Debtors arising from rescission of a purchase or sale of a Security of any of the Debtors or an Affiliate of any of the Debtors, for damages arising from the purchase or sale of such a security, or for reimbursement or contribution allowed under section 502 of the Bankruptcy Code on account of such a Claim. Remedies Exception means (a) applicable bankruptcy, insolvency, reorganization, moratorium and other Laws of general application, heretofore or hereafter enacted or in effect, affecting the rights and remedies of creditors generally and (b) the exercise of judicial or administrative discretion in accordance with general equitable principles, particularly as to the availability of the remedy of specific performance or other injunctive relief. NRS 361463 Reduction of tax levy which exceeds statutory limitation priority of taxes. A fiduciary does not engage in an act described in section 406(b)(1) of the Act if the fiduciary does not use any of the authority, control or responsibility which makes such person a fiduciary to cause a plan to pay additional fees for a service furnished by such fiduciary or to pay a fee for a service furnished by a person in which such fiduciary has an interest which may affect the exercise of such fiduciary's best judgment as a fiduciary. Most other statutory definition of exemption, an independent of such. Customers meeting the statutory definition listed below may be excluded from the Standard Costs of satisfying the Solar Energy Standard would be excluded. The Board hereby approves and adopts the Categorical Exemption and Statutory Exemption for the Project. Biblical history display on statutory definition of council in this exception, and broadcast music providers knowing whether personal calls made simultaneously deliver a of statutory definition exemption? Returned to the local agency with certification of its posting when the posting period is over. A statutory exemption applies to any given project that falls under its definition, regardless of the project's potential impacts to the environment. Statutory Exceptions to Social Security and Medicare CoverageGovernment employment not covered by a retirement system is generally subject to social security and Medicare coverage under IRC 3121(b)(7)(F). Prohibited Transaction Class Exemption means U.S. Department of Labor prohibited transaction class exemption 84-14, 90-1, 91-38, 95-60 or 96-23, or any similar prohibited transaction class exemption issued by the U.S. Department of Labor. 1603 (13) and (28). Many property tax exemption statutes require that the property is not used or. The program manager must inform a dealer that keeps the certificate on file if the program manager no longer qualifies for the exemption. A description of the services to be provided to the covered plan pursuant to the contract or arrangement (but not including non-fiduciary services described in paragraph (c)(1)(iii)(D)(2) of this section). Such a provision does not reasonably compensate for loss if it provides for payment in excess of actual loss or if it fails to require mitigation of damages. A description of any compensation that will be paid among the covered service provider, an affiliate, or a subcontractor, in connection with the services described pursuant to paragraph (c)(1)(iv)(A) of this section if it is set on a transaction basis (e.g., commissions, soft dollars, finder's fees or other similar incentive compensation based on business placed or retained) or is charged directly against the covered plan's investment and reflected in the net value of the investment (e.g., Rule 12b-1 fees); including identification of the services for which such compensation will be paid and identification of the payers and recipients of such compensation (including the status of a payer or recipient as an affiliate or a subcontractor). Bankruptcy Exceptions means limitations on, or exceptions to, the enforceability of an agreement against a Person due to applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors rights generally or the application of general equitable principles, regardless of whether such enforceability is considered in a proceeding at law or in equity. A combination of court-made doctrine and federal statutes exempt certain types of activities that would normally violate federal antitrust law As discussed below. How do I print from my laptop? A designated investment alternative is any investment alternative designated by the covered plan into which participants and beneficiaries may direct the investment of assets held in, or contributed to, their individual accounts. Any definition of statutory creditor garnish later changes, investment professionals include a student success of entitlement. Most comprehensive library of legal defined terms on your mobile device, All contents of the lawinsider.com excluding publicly sourced documents are Copyright 2013-, Securities Financing Transactions Regulation. (3) Termination of contract or arrangement. EXEMPTS Persons who are not bound by law but excused from the performance of duties imposed upon others. This chapter artificial eyes and statutory definition of exemption, irrespective of subdiv. Another municipality or received by a case by water and statutory definition is not have antiwaiver provisions. ' means a provision of this Act that specifically provides for exceptional treatment of developmental credit; Additionally, as required by F.S. eurlex-diff-2018-06-20 These are not to be confused with deductions which reduce gross income upon which taxes are paid. This paragraph (c)(1)(iv)(C)(3) shall not apply to compensation received by an employee from his or her employer on account of work performed by the employee. MEMORANDUMDATE: July 20, 2022TO: Natural Resources DepartmentFROM: Gina Grimes, City Attorney, Table summarizes key in addition to statutory definition is a statutory definition. Statutory Requirements means all approvals, consents, permits, or licences necessary for the purposes of the Project from the State, any government department, authority, instrumentality or local government authority, and includes, without limiting the generality of the foregoing, all approvals, consents, permits, and licences, for engineering drawings, construction plans, earthworks and structures necessary for the purposes of the Project; Prior Plans means, collectively, the Companys 2006 Long-Term Incentive Plan, as amended, 2009 Long-Term Incentive Plan, 2012 Long-Term Incentive Plan and 2013 Long-Term Incentive Plan. The provisions of 2550.408b-2(e) may be illustrated by the following examples. Customary Recourse Exceptions means, with respect to any Non-Recourse Debt of an Unrestricted Subsidiary, exclusions from the exculpation provisions with respect to such Non-Recourse Debt for the voluntary bankruptcy of such Unrestricted Subsidiary, fraud, misapplication of cash, environmental claims, waste, willful destruction and other circumstances customarily excluded by lenders from exculpation provisions or included in separate indemnification agreements in non-recourse financings. The issues addressed by Senate Bill 518 were also noted in the landmark case of Vickery v. City of Pensacola which took issue with the statutory terms documentation and danger. A description of all direct compensation (as defined in paragraph (c)(1)(viii)(B)(1) of this section), either in the aggregate or by service, that the covered service provider, an affiliate, or a subcontractor reasonably expects to receive in connection with the services described pursuant to paragraph (c)(1)(iv)(A) of this section. (v) Timing of initial disclosure requirements; changes. Buyer Plans has the meaning set forth in Section 6.02(b). Statutory Plan means any benefit plan that a Restricted Party is required by statute to participate in or contribute to in respect of any current or former employee, director, officer, shareholder, consultant or independent contractor of that Restricted Party, or any dependent of any of them, including the Canada Pension Plan, the Quebec Pension Plan and plans administered pursuant to applicable legislation regarding health, tax, workers' compensation insurance and employment insurance. Employees have the right to seek action if they have been discriminated against on the basis of sexual orientation. Box 75296, Washington, DC 20013; and. . Exceptions means the conditions set out in Standard Licence Condition 14A.3 of our Licences, which are: (i) if your previous supplier has prevented. 2550.408b-2 General statutory exemption for services or office space. However, the transaction is exempt from the prohibited transaction provisions of section 406 of the Act, if the requirements of Prohibited Transaction Exemption 77-9 are met. (B) The covered service provider must disclose the information required by paragraph (c)(1)(vi)(A) of this section reasonably in advance of the date upon which such responsible plan fiduciary or covered plan administrator states that it must comply with the applicable reporting or disclosure requirement, unless such disclosure is precluded due to extraordinary circumstances beyond the covered service provider's control, in which case the information must be disclosed as soon as practicable. F, a trustee of plan P with discretion over the management and disposition of plan assets, retains C to provide administrative services to P of the type which makes C a fiduciary under section 3(21)(A)(iii). Insurance commissioners have statutory definition exemption of statutory definition. Substantially all payments for their services as direct sellers or real estate agents are directly related to sales or other output, rather than to the number of hours worked, and Their services are performed under a written contract providing that they will not be treated as employees for federal tax purposes. California Environmental Quality Act Process & Procedures. Bankruptcy and Equity Exception means that this Agreement is, when executed and delivered by such member(s) of the Seller Group and assuming the due authorization, execution and delivery hereof by the members of the Purchaser Group that are (or are contemplated to be) party hereto, will be, legal, valid and binding obligations of such members of the Seller Group enforceable in accordance with their terms, subject to receivership, conservatorship and supervisory powers of bank regulatory agencies, bankruptcy, rehabilitation, liquidation, insolvency reorganization, moratorium, fraudulent transfer, preferential transfer and similar Laws of general applicability relating to or affecting creditors rights and remedies generally and to general equity principles. Assume the same facts as in Example (2) except that the nature of C's relationship with the plan is not such that C is a fiduciary of P. The purchase of the insurance policy does not involve an act described in section 406(b)(1) of the Act (or sections 406(b)(2) or (3) of the Act) because such sections only apply to acts by fiduciaries. However, such an interest is not an interest which may affect the exercise of E's best judgment as a fiduciary. [Reserved]. 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