per stirpes
per stirpes 〈拉〉按家系 用于遗产分配,即在被继承人未立有遗嘱时,已死亡继承人的应继份额由其子女代位继承。例如,被继承人有子女甲、乙两人,甲有子女两人,乙有子女三人,若甲、乙均先于被继承人死亡,则甲的子女每人继承甲应得遗产的1/2,即遗产总额的1/4;乙的子女每人继承乙应得遗产的1/3,即遗产总额的1/6。 (→per capita)
per stirpes 〈拉〉按家系 用于遗产分配,即在被继承人未立有遗嘱时,已死亡继承人的应继份额由其子女代位继承。例如,被继承人有子女甲、乙两人,甲有子女两人,乙有子女三人,若甲、乙均先于被继承人死亡,则甲的子女每人继承甲应得遗产的1/2,即遗产总额的1/4;乙的子女每人继承乙应得遗产的1/3,即遗产总额的1/6。 (→per capita)
annual permit. A permit, required by some states, that must be paid each year by a corporation that does business in the state. • In some states, the permit fee is set according to the corporation’s capitalization.
capital-risk test. Securities. A method of determining whether a transaction constitutes an investment contract (subject to securities laws), whereby if a substantial portion of the capital used by a franchiser to start its operations is provided by a franchisee, then the transaction is treated as an investment contract. [Cases: Securities Regulation 5.10. C.J.S. Securities Regulation
capital contribution. 1. Cash, property, or services contributed by partners to a partnership. [Cases: Partnership 72, 355. C.J.S. Partnership §§ 80, 409.] 2. Funds made available by a shareholder, usu. without an increase in stock holdings. [Cases: Corporations 60. C.J.S. Corporations §§ 122–125.]
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capitale (kap-i-tay-lee). [Latin “a thing”] Hist. 1. Movable property, esp. animals (such as 100 head of cattle). • Over time, chattel became the more common term. 2. A stolen thing, or its equivalent value. Pl. capitalia.
A loss on a capital asset held for an extended period, usu. at least 12 months. [Cases: Internal Revenue 3260. C.J.S. Internal Revenue § 127.]
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borrowed capital. Funds lent to a corporation or other entity to finance its operations, such as cash dividends that are declared by a corporation but temporarily retained (with stockholder approval) to provide operating funds. [Cases: Internal Revenue 4133; Taxation 378. C.J.S. Taxation § 550.]
The profit realized from selling or exchanging a capital asset held for less than a specified period, usu. one year. • It is treated as ordinary income under current federal tax law. [Cases: Internal Revenue 3260. C.J.S. Internal Revenue § 127.]
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capital structure. The mix of debt and equity by which a business finances its operations; the relative proportions of short-term debt, long-term debt, and capital stock.
suspendatur per collum (s[schwa]s-pen-day-t[schwa]r p[schwa]r kahl-[ schwa]m). [Law French] Hist. Let him be hanged by the neck. • This phrase was written by a judge in the margin of the sheriff’s calendar, opposite the name of a prisoner who had been sentenced to death. — Abbr. sus. per coll. “And now the usage is, for
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