Now, instead, pretend Jennifer gets married and decides to start a family and stay in Georgia for a while. Federal law governs determinations involving coverage of State and local government employees. It is important to remember though, when establishing the authority under which determinations are to be made, you should assess the situation independent of prior determinations. Please click here for a Printable Version of this course >>. What is the definition of a governmental entity? There are several search tools and strategies you can use to locate them. a law firm or a substitute for an attorney or law firm. selection of forms or strategies. Tracking someone’s location should be your pressing need when you wanna know exactly where the person is now. 9. Opinions are not rules of law; however, Attorney General Opinions are given substantial weight and are presumed to be correct interpretations of State law unless the opinion is modified by legislative or judicial means. An Attorney General Opinion generally consists of a written interpretation of an existing State law. Looking for someone who you suspect has changed their name? Accreditation may be provided to certain attorneys of the state by that state’s bar association. In addition to the above, IRS private letter rulings can also serve as indicators of the entity’s legal status. Your access to the website is subject to our advice or representation for any purpose. “Political subdivision” ordinarily includes counties, cities, townships, villages, schools, sanitation, utility, irrigation, drainage and flood-control districts, and similar governmental entities. An “inactive” or “dissolved” status indicates that the business has not kept up with registration reports in a timely manner or that the company may, in fact, be out of business entirely. 501(c)(3) determinations are not factors for consideration in Social Security and Section 218 determinations and should not be considered. © LegalZoom.com, Inc. All rights reserved.

Facebook is a very helpful platform when searching for a person. Generally, the State determines the legal status of an entity of the State. Are earnings reported as Social Security wages? What is Section 501(c) of the Internal Revenue Code (IRC)? This course looks at the various factors to consider when determining whether an entity is governmental or non-governmental. If necessary, how do I make an individual determination of an entity’s status? Military personnel and college students are the most common examples. The term ordinarily includes a county, city, town, village, or school district, and, in many States, a sanitation, utility, reclamation, drainage, flood control, or similar district.” A political subdivision’s legal status is governmental. By entering this site you agree not to use LegalNature.com as legal 1. When a person has lived in only one place for a long time, it’s easy to figure out his or her domicile.

Even if you can't find their current location, try to at least locate their last known address, phone number, and city. 7. Is the performance of its function on behalf of the state or a political  subdivision/instrumentality of government? Which state is his or her driver’s license from? Other counties don't have an online search system at all. 6.  Who is responsible for negotiating the legal status with an entity? Someone convicted of violating a criminal law could be placed on probation instead of going to jail or prison. Sometimes you will be asked to specify the place of domicile—also called legal residency—of yourself or someone you know for legal purposes. People often list their maiden or former names on their profiles. Jennifer’s example would play out the same if she went to college instead of the Navy. Use this information to perform more detailed searches with online search engines such as people locators. Take your best guess based on what you know. A name change in connection with a marriage should appear on the marriage certificate, and a name change in connection with a divorce should appear on the divorce decree. explanation, opinion, or recommendation about possible legal rights, remedies, defenses, options,

Privacy Policy but not by the attorney-client privilege or as work product. First, you need to identify the county or counties where the person may have resided when they changed their name. How do I determine if Federal or State Laws apply? With incompetent individuals, again the legal residency is normally determined by the domicile of the parents, legal guardian, or custodian. It is important to know whether Federal or State law is applied in making a determination on a specific issue. If the change was not related to a marriage or divorce, there should be a separate record of a request for a name change. However, when someone has traveled a lot, has multiple homes, is in the military, is a minor, or is mentally incompetent, this can get a little tricky to figure out. 2.

Are there private interests involved or does the state or political subdivision involved have the powers and interests of an owner? If the change occurred as part of a marriage or divorce, the record will likely be with the marriage or divorce case. What is the definition of a police officer or firefighter position? A governmental entity is that which is closely affiliated, generally by government ownership or control, with State and local governments. Unless the record was sealed, there will be a public record of any official name change, but that doesn't mean it's an easy find. Is a function governmental or proprietary? If she started working, paying taxes, and voting in Illinois, say in order to receive in-state tuition, then she would now be considered a resident of Illinois, even if she had some attenuated desire to return to Virginia one day. subject to our. Which employees are eligible for membership in a retirement system? If she only has a vague intent to “someday return to Virginia” but intends to stay in Georgia for an indefinite amount of time, then she is now likely domiciled in Georgia. These determinations may be based on decisions regarding specific issues to which Federal law is applied and other issues to which State law is applied.

Disclaimer: Communications between you and LegalZoom are protected by our There may be language distinguishing an entity as governmental for some purposes (i.e., open disclosure and public meetings), but that should be expected from any entity that provides any degree of public service; therefore, it should not necessarily be used as the sole consideration for determining an entity’s legal status. While states differ somewhat in how they define the place of domicile, the general rule of thumb can be stated as follows: the domicile is the place a person regards as his or her true home, and where they maintain the most economic, social, political, and family ties. Next, check with the clerk of court in the county or counties on which you've decided. What is the definition of a governmental entity? Sometimes you will be asked to specify the place of domicile—also called legal residency—of yourself or someone you know for legal purposes. Thank you for subscribing to our newsletter! The reliability or currency of that information, however, can be questionable, and often requires some form of corroboration or additional investigation. You may have some off the wall reason for tracking someone using his or her phone. There are several search tools and strategies you can use to locate them. Our personal and financial information has become even more accessible these days via the Internet and various third-party services, such as credit bureaus. The domicile of minors is usually straightforward and follows the domicile of their parent, legal guardian, or whoever’s custody they remain in most the time. This website is produced and published at U.S. taxpayer expense. How do I determine if Federal or State Laws apply? Use our simple affidavit of domicile form to quickly and easily create the legal document that you need in minutes online. LegalZoom provides As a preliminary step, search the web and social media for the individual you are seeking. An individual can easily change their name because of marriage, divorce, or any other reason, as long as it's not unlawful for fraudulent. What is the definition of a non-governmental or private entity? Looking for someone who you suspect has changed their name? The chart below can serve as a first-step approach to determining whether an issue lies within the authority of the Federal or State governments. This is usually the parent that the minor spends the majority of his or her time with. Is the entity used for a governmental purposes? Does an employer or employee relationship exist? Who makes the determination as to whether or not an entity is governmental or non-governmental? As explained by the American Foreign Service Association (AFSA), when the place of domicile is not so clear-cut, courts usually consider domicile to be the place the person has the most ties with. She would still be a resident of her home state Virginia while going to college in Illinois. This is because Jennifer now has substantial ties to Georgia—she resides there most the year, has a family and career there, and has no present intent to return to Virginia in the near future. It takes time and a few tries to figure out whether someone has changed their name, but with a little creativity and perseverance, nothing is impossible. For example, if the individual never legally changed their name and merely started using a new name without going through the court system, there won't be any public court records.

What is the legal status of a new entity? Where is the person a member of social or religious groups or most involved in the community? Figuring out their domicile often requires looking at all the surrounding circumstances, including the person’s intent.

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