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15 U.S.C. § 44Definitions

submitted 112 years ago by ch. 311 to r/title-15-COMMERCE-AND-TRADE · 418 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section defines key words used elsewhere in the FTC Act, like "Commerce," "Corporation," and "Antitrust Acts." It explains exactly what businesses, laws, and agencies these terms cover. These definitions control how the rest of the law applies.

This section defines several terms used throughout this subchapter. "Commerce" means trade among the states, trade with foreign nations, trade within any U.S. territory or the District of Columbia, trade between a territory and another territory, trade between a territory and a state or foreign nation, and trade between the District of Columbia and any state, territory, or foreign nation. "Corporation" covers any company, trust — including what's called a "Massachusetts trust" — or association, whether incorporated or not, that is organized to make a profit for itself or its members and that has shares of stock or certificates of interest. It also covers the same kinds of companies, trusts, or associations organized for profit even without shares of stock or certificates of interest. It does not include partnerships. "Documentary evidence" includes all documents, papers, correspondence, account books, and financial and corporate records. "Acts to regulate commerce" means subtitle IV of title 49, the Communications Act of 1934, and all laws that amend or add to them. "Antitrust Acts" means the Sherman Antitrust Act (approved July 2, 1890), sections 73 through 76 of the 1894 tariff act, the 1913 law amending sections 73 and 76 of that 1894 act, and the Clayton Act (approved October 15, 1914). "Banks" means the banks and other financial institutions listed in section 57a(f)(2) of this title. "Foreign law enforcement agency" means two things: (1) any agency or court of a foreign government — including a foreign country, one of its political subdivisions, or a multinational organization made up of foreign countries — that has law enforcement or investigative power in civil, criminal, or administrative matters; and (2) any multinational organization, when it's acting on behalf of an agency described in (1).
the actual law source: uscode.house.gov ↗public domain

The words defined in this section shall have the following meaning when found in this subchapter, to wit:

“Commerce” means commerce among the several States or with foreign nations, or in any Territory of the United States or in the District of Columbia, or between any such Territory and another, or between any such Territory and any State or foreign nation, or between the District of Columbia and any State or Territory or foreign nation.

“Corporation” shall be deemed to include any company, trust, so-called Massachusetts trust, or association, incorporated or unincorporated, which is organized to carry on business for its own profit or that of its members, and has shares of capital or capital stock or certificates of interest, and any company, trust, so-called Massachusetts trust, or association, incorporated or unincorporated, without shares of capital or capital stock or certificates of interest, except partnerships, which is organized to carry on business for its own profit or that of its members.

“Documentary evidence” includes all documents, papers, correspondence, books of account, and financial and corporate records.

“Acts to regulate commerce” means subtitle IV of title 49 and the Communications Act of 1934 [47 U.S.C. 151 et seq.] and all Acts amendatory thereof and supplementary thereto.

“Antitrust Acts” means the Act entitled “An Act to protect trade and commerce against unlawful restraints and monopolies”, approved July 2, 1890; also sections 73 to 76, inclusive, of an Act entitled “An Act to reduce taxation, to provide revenue for the Government, and for other purposes”, approved August 27, 1894; also the Act entitled “An Act to amend sections 73 and 76 of the Act of August 27, 1894, entitled ‘An Act to reduce taxation, to provide revenue for the Government, and for other purposes’ ”, approved February 12, 1913; and also the Act entitled “An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes”, approved October 15, 1914.

“Banks” means the types of banks and other financial institutions referred to in section 57a(f)(2) of this title.

“Foreign law enforcement agency” means—

(1) any agency or judicial authority of a foreign government, including a foreign state, a political subdivision of a foreign state, or a multinational organization constituted by and comprised of foreign states, that is vested with law enforcement or investigative authority in civil, criminal, or administrative matters; and

(2) any multinational organization, to the extent that it is acting on behalf of an entity described in paragraph (1).

Source credit: (Sept. 26, 1914, ch. 311, § 4, 38 Stat. 719; Mar. 21, 1938, ch. 49, § 2, 52 Stat. 111; Pub. L. 102–242, title II, § 212(g)(1), Dec. 19, 1991, 105 Stat. 2302; Pub. L. 107–273, div. C, title IV, § 14102(c)(2)(B), Nov. 2, 2002, 116 Stat. 1921; Pub. L. 109–455, §§ 2, 13, Dec. 22, 2006, 120 Stat. 3372, 3382; Pub. L. 112–203, § 1, Dec. 4, 2012, 126 Stat. 1484.)

history & why it existsrecord from the source credit
  • 1914Enacted · Act of Sept. 26, 1914, ch. 311 · 38 Stat. 719
  • 1938Amended · Act of Mar. 21, 1938, ch. 49 · 52 Stat. 111
  • 1991Amended · Pub. L. 102-242 · 105 Stat. 2302
  • 2002Amended · Pub. L. 107-273 · 116 Stat. 1921
  • 2006Amended · Pub. L. 109-455 · 120 Stat. 3372, 3382
  • 2012Amended · Pub. L. 112-203 · 126 Stat. 1484

A history note hasn’t been published yet. The record shows enactment by ch. 311 on 1914-09-26.

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