8.01-465.14 - Definitions.
§ 8.01-465.14. Definitions.
As used in this chapter:
"Action" means a judicial proceeding or arbitration in which a payment inmoney may be awarded or enforced with respect to a foreign-money claim.
"Bank-offered spot rate" means the spot rate of exchange at which a bankwill sell foreign money at a spot rate.
"Conversion date" means the banking day next preceding the date on whichmoney, in accordance with this chapter, is (i) paid to a claimant in anaction or distribution proceeding; (ii) paid to the official designated bylaw to enforce a judgment or award on behalf of a claimant; or (iii) used torecoup, set off, or counterclaim in different moneys in an action ordistribution proceeding.
"Distribution proceeding" means a judicial or nonjudicial proceeding forthe distribution of a fund in which one or more foreign-money claims areasserted and includes an accounting, an assignment for the benefit ofcreditors, a foreclosure, the liquidation or rehabilitation of a corporationor other entity, and the distribution of an estate, trust, or other fund.
"Foreign money" means money other than money of the United States ofAmerica.
"Foreign-money claim" means a claim upon an obligation to pay, or a claimfor recovery of a loss, expressed in or measured by a foreign money.
"Money" means a medium of exchange for the payment of obligations or astore of value authorized or adopted by a government or by intergovernmentalagreement.
"Money of the claim" means the money determined as proper pursuant to §8.01-465.17.
"Person" means an individual, a corporation, government or governmentalsubdivision or agency, business trust, estate, trust, joint venture,partnership, association, two or more persons having a joint or commoninterest, or any other legal or commercial entity.
"Rate of exchange" means the rate at which money of one country may beconverted into money of another country in a free financial market convenientto or reasonably usable by a person obligated to pay or to state a rate ofconversion. If separate rates of exchange apply to different kinds oftransactions, the term means the rate applicable to the particulartransaction giving rise to the foreign-money claim.
"Spot rate" means the rate of exchange at which foreign money is sold by abank or other dealer in foreign exchange for immediate or next dayavailability or for settlement by immediate payment in cash or equivalent, bycharge to an account, or by an agreed delayed settlement not exceeding twodays.
"State" means a state of the United States, the District of Columbia, theCommonwealth of Puerto Rico, or a territory or insular possession subject tothe jurisdiction of the United States.
(1991, c. 24.)