Oklahoma § 12-729.2 - Definitions

§ 12-729.2. Definitions

As used in this act:

1. "Action" means a judicial proceeding or arbitration in which

a payment in money may be awarded or enforced with respect to a

foreign-money claim;

2. "Bank-offered spot rate" means the spot rate of exchange at

which a bank will sell foreign money at a spot rate;

3. "Conversion date" means the banking day next preceding the

date on which money, in accordance with this act, is:

Oklahoma Statutes - Title 12. Civil Procedure

a.

paid to a claimant in an action or distribution

proceeding,

b.

paid to the official designated by law to enforce a

judgment or award on behalf of a claimant, or

c.

used to recoup, set-off or counterclaim in different

moneys in an action or distribution proceeding;

4. "Distribution proceeding" means a judicial or nonjudicial

proceeding for the distribution of a fund in which one or more

foreign-money claims is asserted and includes, but is not limited

to, an accounting, an assignment for the benefit of creditors, a

foreclosure, the liquidation or rehabilitation of a corporation or

other entity, and the distribution of an estate, trust or other

fund;

5. "Foreign money" means money other than money of the United

States of America;

6. "Foreign-money claim" means a claim upon an obligation to

pay, or a claim for recovery of a loss, expressed in or measured by

a foreign money;

7. "Money" means a medium of exchange for the payment of

obligations or a store of value authorized or adopted by a

government or by intergovernmental agreement;

8. "Money of the claim" means the money determined as proper

pursuant to Section 5 of this act;

9. "Person" means an individual, a corporation, government or

governmental subdivision or agency, business trust, estate, trust,

joint venture, partnership, association, limited liability company,

two or more persons having a joint or common interest or any other

legal or commercial entity;

10. "Rate of exchange" means the rate at which money of one

country may be converted into money of another country in a free

financial market convenient to or reasonably usable by a person

obligated to pay or to state a rate of conversion. If separate

rates of exchange apply to different kinds of transactions, the term

means the rate applicable to the particular transaction giving rise

to the foreign-money claim;

11. "Spot rate" means the rate of exchange at which foreign

money is sold by a bank or other dealer in foreign exchange for

immediate or next day availability or for settlement by immediate

payment in cash or equivalent, by charge to an account or by an

agreed delayed settlement not exceeding two days; and

12. "State" means a state of the United States, the District of

Columbia, the Commonwealth of Puerto Rico or a territory or insular

possession subject to the jurisdiction of the United States.

Added by Laws 1994, c. 165, § 2, eff. Jan. 1, 1995.