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Oyster Plant (Tradescantia spathacea) Pruning & Propagation
I've got a Tradescantia spathacea (Oyster plant) here which I've had for 1 month. It's growing extremely fast and now can't support itself and is leaning over.
I've attached two pictures which show the growth over the past month.
What's the best way to keep these plants pruned?
If I cut off the long part and stick it into the soil, will it root and start a new plant?
I believe I read that this plant can be propagated from cuttings. Is it better to root the cuttings in a separate pot where you can water it differently from the main plant until the cuttings are rooted? etc.
Hmm, I have it on the top shelf in an open area with windows on three sides, but it is about 6-10 feet away from the windows, depending on the window. It gets a short bit of direct morning sunlight at this time of year. I'm limited as to where I can put it.
I'm not sure what the root nubs would look like, however on the main stem there is a small offshoot and another which appears to be coming from the soil very close to the stem.
(see attached pic)
That is likely too far away for decent plant growth as born out by how stretched out (etiolated) the plant appears to be. Two things to keep in mind when contemplating light:
1) The amount of light a plant needs for photosynthesis is FAR greater than our eyes need by which to see. Just because an area seems plenty bright to our eyes, doesn't mean it is enough light to meet a plant's needs.
2) Light intensity falls off rapidly the further away you are from the source. It follows what is known as the invenvers square law -- the intensity of the light falls off with the square of the distance one is from the light source. So if we assume the light right at the window is "the source" (and therefore strongest), if you plant is 6ft away from the window it is only receiving 1/36 of the light it would have received right by the window. If the plant is 10ft away, it is only receiving 1/100 the amount of light.
Thanks for the explanation. I am aware that to a plant it's not always as bright as it is to us, but it sounds worse than I was aware. I really wish I had more locations near windows I could put them, but that's just not possible.
Most of my plants are doing well on the multi-level shelves where this plant is located, though I'm noticing a few, such as this one we are discussing, are clearly wanting more light.
So, does anyone know about propagation?
Can I chop off the tall pieces and stick them back in to the pot and start new plants?
Should they be cut at any specific spot?
Should they be rooted in water or in a separate pot so watering can be controlled differently vs. having them planted back with the parent plant?
I was reminded of this plant again today when I noticed it has grown another couple of inches! :)
I've not tried propagating pieces that didn't have aerial root nubs yet. I don't see any on your plant, but if you pull the brown bits of lost leaves off (in the last pic,) you'll be able to see them when they start, you may see bumps under the brown bits now. If there's not enough light for the mama to grow correctly, I don't think you'd have great results trying to propagate right now. Doing it outside in the humidity of summer would be the best thing to try.
I agree, your plant looks like it's reaching for light, it could/should be standing up straight, eventually developing a trunk appearance though I haven't left my plant(s) alone long enough to know if the stem actually lignifies with age. This plant is not a creeper. Are you able to offer more light by putting plants outside for summer? You wouldn't want to put this in direct sun, except maybe the first or last hour of the day, but the shade outside is infinitely brighter than inside.

subset: commoncrawl


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Some Advertising
Closing down my fracking company early for Earth Day. You're welcome.
Apr 22, 2014 @ 3:57pm
I love fire drills. In other news, who wants to buy a gently used iPad? I have seven.
Hey, thank you all for the Earth Day wishes. It really means a lot to me!


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VIEWS: 51 PAGES: 12 CATEGORY: Business POSTED ON: 11/14/2010
Riley Real Estate + Alabama document sample
WINTER 2007 Sign of the Times and Unlicensed Activity By D. Philip Lasater, Executive Director Y ou knew it required a real estate established by the legislature. And likewise Fines equivalent to those Commissioners license to engage in real estate the Commission's jurisdiction extended may levy against licensees may be levied brokerage. Now it is unlawful to only to those individuals who held a against unlicensed individuals and in addi- engage in real estate brokerage without a license. With the new Act, the Commission tion they may impose a fine in the amount license. now has jurisdiction over individuals who of any gain or economic benefit derived I would draw your attention to two practice real estate without a real estate from a transaction. Failure to comply can notices within this edition. One is notice of license. The Act authorizes the Com- be enforced by civil court. Act 2006-601 becoming effective October mission to issue cease and desist orders This new Act is not to be confused as 1 and the other is the rule amendment clar- which would likely be the first step taken interfering in any way with the existing ifying how a real estate company is proper- upon our learning of the unlawful practice "owners" exemption within license law. ly identified as a real estate office. of real estate. If that is not effective or Any individual may sale or lease property The primary purpose of the real estate given other circumstances where transac- he or she owns without being required to commission has been to insure that indi- tions involving consumers have been com- have a real estate license. The Act does not viduals applying for real estate sales and pleted, the Commission may issue formal change that. The Act addresses the circum- brokers licenses meet the qualifications as complaints, subpoenas, and hold hearings. (Continued on page 2) New Appointments to Nine Member Commission real estate career twenty-seven years ago Alabama Association of REALTORS® and since 1989 her company has special- Arthur B. Pope Education Achievement ized in property management and residen- and Alabama Association of REALTORS® tial sales. Long Serving Committee Member Award. Commissioner Morris' distinguished (Continued on page 5) real estate career includes serving in vari- ous leadership positions in the Alabama Association of REALTORS®, National In This Issue Janet R. Morris Dorothy P. Riggins Association of REALTORS®, Alabama Act 2006-601: An Explanation.................. 2 CRS Chapter, National Women's Council New Rule Changes W e are pleased to announce the of REALTORS®, Alabama Women's Effective October 1, 2006 ............................ 3 appointment of Janet R. Morris Council of REALTORS® and Montgomery Briefly Legal: Earnest Money Disputes..... 4 and Dorothy P. Riggins to the Women's Council of REALTORS®. Education Corner: Stress-Free CE ............ 5 Alabama Real Estate Commission. The In addition to her leadership roles, Disciplinary Actions Taken........................ 6 new Commissioners were appointed by Commissioner Morris has been the recipi- Licensing Tidbits....................................... 8 Governor Bob Riley and confirmed by the ent of numerous awards, most notably the It's Not Too Late; Renewal Problems; Alabama Senate during the 2006 Regular National Association of REALTORS® Reminder: Commission's Fund Receipt Session. Omega Tau Rho Honor Fraternity, Policy; Online Transfers Representing the Third Congressional Alabama Association of REALTORS® New Employees Join Commission Staff .. 9 District is Janet R. Morris owner and bro- Robert Jemison, REALTOR® of the Year, Tax Rules for Foreign Investors ker of Morris VIP Realty in Montgomery, Top Forty REALTORS®, Alabama Asso- in U.S. Property .......................................10 Alabama. Commissioner Morris began her ciation of REALTORS® Honor Society, Sign of the Times... otherwise listed. It will continue to be do not carry pocket cards referral to the Continued from page 1 important for anyone who has knowledge Association of Real Estate License Law of illegal or unlicensed activity to report to Officials license/registration search Web stances where someone would procure the Real Estate Commission. Our investi- site www.arello.com would be the fastest prospects for or list for sale or lease or show gators and attorneys need the opportunity and most efficient way for another licensee property on behalf of another he or she does to evaluate situations that potentially or consumer to verify whether an individ- not own. In other words, any activity require our intervention or action. ual is licensed in Alabama or any other requiring a real estate license set out in Enactment of the authority is the first jurisdiction. Section 34-27-30 performed by an unli- step in compliance and enforcement. The second area to which I draw your censed person now becomes subject to the Education of licensees and the general attention relates to the signage of the place Commission's enforcement jurisdiction. consumer public will be an important of business. The statute states that a real There are individuals acting in isolated aspect over the coming months. estate company among other things shall instances that for whatever reason do not Commissioners are currently evaluating be properly identified as a real estate understand this and generally upon learn- the cost feasibility and potential effective- office. The place of business rule as ing will cease and desist and become ness of a statewide public information amended defines the minimum standard licensed or let their business idea go. There campaign. The purpose would be to inform for how compliance with this requirement are other more deliberate attempts to cir- the public that any real estate transaction in is met. (See Rule 790-X-2.-07 in the cumvent by deceit or fraud actual real which they do not own the property for revised insert of the License Law book.) estate transactions on behalf of others which buyers or tenants are being solicited At least once every five years a broker without having met the qualifications for requires using a licensed real estate sales- and company should incur a random com- having a license issued and the authoriza- person or broker. How does one determine pliance audit from the Commission. The tion it allows. Experience from other juris- if an individual is licensed or not? Every Audit checklist which may be referenced dictions alerts us particularly to unlicensed company and broker are required by in the back of the license law book on page individuals who would link qualification license law to have the licenses of those for A-2 will now contain, along with all the and approval for consumer financing to which they are responsible for available for other items on the check list, review of how properties they do not own nor may not be public viewing. Since Alabama licensees the company signage meets the rule. ■ Act 2006-601: An Explanation The license law has been amended to include some new provi- (3) the amount of the Commission's costs incurred. These sions regarding practicing real estate without a license and the provisions are incorporated into Section 34-27-36 Ala. Code. extent of the Commission's jurisdiction. Some explanation is in order to help in understanding these provisions, because they are Jurisdiction significant. Until now the Commission's jurisdiction was limited to Alabama real estate transactions. This meant that only those transactions Unlicensed Activity that had the major provisions of the negotiations, etcetera con- Until now the Commission had no jurisdiction over unlicensed ducted in Alabama were subject to the requirements for an activity. What this means is that the Commission had no authori- Alabama real estate license. This also meant, for example, that ty to deal directly with persons and companies who engaged in the out-of-state companies could list Alabama real estate on their practice of real estate without being licensed. The new act changes Web sites and claim that this activity did not require an Alabama that and has two key provisions. Now the Commission will be able real estate license, since the listing, selling, etcetera occurred out- to issue cease and desist orders to persons and companies who side Alabama. The new provisions make it clear that an Alabama are practicing real estate without a license. In addition, the real estate license is required any time one engages in any activ- Commission now has authority to hold a hearing, and to impose ity requiring a license concerning real estate situated within the a fine for these activities. The fine may be calculated as follows: state of Alabama. In other words the mere fact that Alabama real estate is the subject of the transaction activities will make an (1) the same fine as may be imposed upon licensees for Alabama real estate license mandatory, regardless of where the violations of the law, and in addition (2) a fine in the amount listing, selling, etcetera occurred. These provisions are incorpo- of any gain or economic benefit derived, and in addition rated into Section 34-27-30 Ala. Code. 2 WINTER 2007 New Rule Changes Effective October 1, 2006 790-X-3.-03. Deposit of Funds. ker's license to be issued. No refund shall be made of any fee or (1) The deposit and accounting for at all times of all funds recovery fund deposit pertaining to the salesperson's, broker's, or belonging to or being held for others in a separate federally company's license. insured account or accounts in a financial institution located in Alabama shall require that the qualifying broker be a customer of 790-X-2.-07. Place Of Business and Signage the financial institution holding all such accounts and the qualify- A place of business shall be identified by a sign which sets out ing broker shall have full authority to deposit and withdraw funds the name of the company as licensed with the commission. In and to write or make checks as necessary on all such accounts. places where an exterior sign is permitted a sign shall be posted outside of the office so that it is plainly and readily visible to the Explanation public. In places where an exterior sign is not permitted, an inte- It has come to the attention of commissioners that some compa- rior sign shall be posted. The interior sign shall be in keeping with nies have qualifying brokers who are not authorized to write checks the building restrictions, and if permitted, shall be posted in the on the company escrow accounts. The rule change will prevent a entry area and on the door of the office or suite of offices. company from engaging the services of a real estate qualifying bro- Appropriate files and records shall be maintained in the place of ker who does not have full authority as a signatory on the compa- business. ny escrow accounts. It should also insure that the broker has access to the bank statements thereby increasing the broker's Explanation accountability. The rule is not intended to prevent a company or The place of business requirements of the law set out in Section broker from designating other signatories on the escrow accounts. 34-27-2(a)(11) require that a place of business be "properly identified as a real estate office." This rule says that a sign reflect- 790-X-2-.21. License Transfers. Repealed ing the company name is required to satisfy the requirement of the (1) A $25.00 fee shall be required of a licensee when a change on law. Of course, some building restrictions and some local zoning a license certificate necessitates the issuance of a new license restrictions will dictate what exact kind of signage is appropriate. certificate, i.e., name change, address change, transfer, etc. The rule is designed to accommodate those restrictions. If an out- (2) The qualifying broker is responsible for the immediate return side sign is permitted, one must be posted. If not, an interior sign of any license certificate which is in need of any change. or signs must be posted, consistent with what is allowed locally. Explanation 790-X-1-.12. was amended to specify the acceptance of Paragraph (1) of this rule was repealed because transfer fees are ARELLO-certified distance education courses as reciprocal set out in the law. Paragraph (2) was repealed so that license cer- CE credit. tificates would not have to be returned to accommodate online (15) Any licensee who completes a continuing education class- transfers. It is important to note that this rule does not change the room course or an ARELLO certified distance education course in places in the law where license certificates are required to be another state which is approved by any state may receive credit returned. Here are the pertinent parts of those two statutes: in Alabama for successful completion of that course by sub- 34-27-34. Who may serve as qualifying broker; responsibility mitting appropriate documentation as prescribed by the of qualifying broker; change of broker; termination of qualify- Commission. Such courses will count as elective continuing edu- ing broker's status. cation credit only. These courses are not subject to renewal pro- (c) A person who wishes to terminate his or her status as quali- cedures, instructor application and fee or the course review fee. fying broker for a licensee may do so by notifying the licensee Explanation and the commission in writing and sending the licensee's license Therefore, an Alabama licensee may take either a classroom certificate to the commission or verifying in writing to the com- course or an ARELLO certified distance education course while he mission that the certificate has been lost or destroyed. or she is physically in another state and receive credit for that Section 34-27-35. License certificates generally. course by submitting proper documentation. The documentation (f) The license of a salesperson who is subsequently issued a includes verification the licensee successfully completed the broker's license automatically terminates upon the issuance of course, verification the course is approved by any real estate com- his or her broker's license certificate. The salesperson's license mission and the number of hours for which the course is certificate shall be returned to the commission in order for a bro- approved. The credit received can be up to 12 elective hours of CE. WINTER 2007 3 BRIEFLY LEGAL EARNEST MONEY DISPUTES By Charles R. Sowell, General Counsel This means the property management company is free to apply the terms of the agreement, and disburse funds received under the terms of the agreement. This includes forfeiture of the security deposit. The property management company is not required under any circumstances to get written permission from the tenant to for- feit all or part of a security deposit. When the parties just cannot agree, then W e get many, many questions Earnest money under a sales contract is about this subject. The answers different. A sale is not consummated until it the broker must continue to hold the money are found in Alabama Real is closed. Pay careful attention to what the in the escrow account. Brokers usually do Estate Commission Rule 790-X-3-.03(4) rule says about a sale that does not close. not file an interpleader action, because that and (5.) Here is what the relevant part of the The reason it does not close does not mat- requires a lawsuit with court costs and rule says with underlining for emphasis: ter. It does not matter if a financing contin- attorney's fees. Some contracts provide that gency cannot be met, for example. It does the earnest money can be used to pay these 790-X-3.-03. Deposit of Funds. not matter what the contract says. Even if expenses right out of the earnest money in (4) Each qualifying broker shall the contract says the earnest money is "non- the event an interpleader action is filed. promptly disburse to the appropriate refundable," whatever that means, the rule Perhaps the best remedy is for one party to party or parties any trust funds within controls. If the money is supposedly "non- file a civil action against the other for the 7 days of the consummation of the refundable," what is it doing in an escrow money. Small claims courts are appropri- transaction for which the funds were account? If it is truly non-refundable, then ate, provided the amount in dispute does deposited. If for any reason the trans- it should be paid directly to the seller under not exceed $3,000. When a judge enters an action is not consummated, or if for a written, signed addendum to the contract order deciding the question, the rule allows any reason there is a disagreement clearly setting out the fact that the broker is the broker to disburse the money to the pre- involving to whom trust funds should relieved of responsibility for the money. vailing party. Another possible remedy lies be disbursed, the qualifying broker The rule says flatly that if a sale does not with the State Treasurer's office. In some shall not disburse any trust funds close, or if there is some dispute about to circumstances a broker might be able to pay except pursuant to a written agreement whom the earnest money should be dis- the money over to the State Treasurer's signed by all parties or pursuant to a bursed, the broker shall not disburse the office as unclaimed property, provided court order. money without written, signed authoriza- three years have lapsed since the apparent tion from the parties to the contract. This owner last communicated to the broker an (5) This Rule shall not prohibit a bro- authorization may not be contained in the interest in the money. The State Treasurer's ker from depositing with the appropri- original contract or addendum to it. I will Web site has information regarding ate court any trust funds which are the repeat: It does not matter what the contract unclaimed property that is easy to access. subject of disagreement among or says. There must be a separate, written and If you are waiting for an exception to the between parties under the rules of signed authorization coming after it is rule, there is one. It concerns foreclosed interpleader or other lawful procedure. established that that contract will not close. upon sellers. Here is the scenario. The seller First, let's look at how this rule is Notice the rule does not require the parties (owner) has entered into a contract that is applied to security deposits in property to give a full release of all claims. The par- waiting to be closed. During this time the management situations. A lease or rental ties usually do want to do this so they can seller is foreclosed upon, and the sale does agreement is consummated when a tenant walk away without any further conse- not close. In this case it is not necessary to enters into a lease agreement or deposit quences. Brokers typically encourage a full get authorization from the seller to disburse agreement with the landlord or its agent. release for this reason. the earnest money to the buyer. The law in 4 WINTER 2007 Alabama is that a foreclosed upon owner of property is essentially stripped of all interest in the property, except EDUCATION CORNER the owner's right to redeem the property within one year. This is commonly referred to as the statutory right of redemption. Since this is the only right remaining, the STRESS-FREE CE seller's signature on a disbursement authorization is By Ryan Adair, Education Director worthless. Our rule does not supersede the law in this M instance, nor does it require that a worthless signature be any licensees are convinced that the "CE Year" is always the sec- obtained. ond year of a license period. Well, a clarification needs to be made. It is important to understand that this rule governs Every year is a "CE Year!" Let me explain why I say that. Approx- what a broker can and cannot do. The language of the imately 3,000 licensees were forced inactive on October 1 because of a fail- contract is very important to establish the rights and ure to have the proper education requirements for license renewal on record responsibilities of the buyer and seller. The parties them- with the Commission. Now, there were many reasons for the absence of edu- selves and the courts will look to the contract to ulti- cation qualifications on record, all of which can be avoided in the future. Here mately decide who is entitled to earnest money when a are five suggestions to avoid the stress and worry associated with education contract does not close. Our rule just prevents the broker required for license renewal: from being the one who makes the decision. Some other 1. Take your CE now! Don't wait until the second year or, much worse, states have similar rules, while some do not. The reason the last month of the license period. CE is offered throughout the two for the rule is simple. It protects both the buyer and sell- year license period so go ahead and take your 15 hours now and don't er from arbitrary disbursements by brokers. Judges worry about it in September of 2008. struggle with many contract issues that come before them in court. Brokers have no business deciding on 2. Make sure the courses you take are approved. You may veri- their own who is entitled to earnest money. ■ fy the approval of courses by using the Real Estate Course Search feature on the Commission's Web site. All approved course offerings are required to be entered into CMap for public viewing prior to their offering. Make New Appointments to Commission... use of the Real Estate Course Search to verify approval of courses. Continued from page 1 3. Provide proper documentation for out-of-state courses. If you take a CE course while in another state and it is approved by any state, Commissioner Morris is an active member of you may receive credit in Alabama for successful completion of that Heritage Baptist Church. She is married to Wayne and course. The Commission will accept up to 12 elective hours of CE credit they have a son and daughter. for courses taken while physically in another state. The course may be a Serving in the consumer-at-large commission posi- classroom course or an ARELLO-certified distance education course. tion is Dorothy P. Riggins. Commissioner Riggins is Proper documentation must be provided to the Commission in order to employed full-time as an Education Administrator in receive credit. the Federal Programs Section of the Alabama Department of Education. A leader and expert in adult 4. Check your credit online. Always check the Commission's Web site and education administration, Commissioner Riggins two weeks after completing a CE course to make sure your credit has holds B.S., M.Ed., Ed.S. and Ph.D. degrees. She has been entered. If you do not see the credit, you must contact the provider held positions with Trenholm State Technical College of the course and let them know that the credit can not be viewed. and Tuskegee University. A native Alabamian, Commissioner Riggins is 5. Reciprocal licensees send documentation prior to the known in and around Montgomery, for her beautiful renewal deadline. All reciprocal licensees who hold active licenses singing voice and is often the featured singer of the in another state at the time of Alabama license renewal may provide a national anthem at local sporting, private and public copy of that license or a certification of licensure to satisfy the education events. She is a member of St. John's A.M.E. Church requirement for renewal. This must be provided when requested by the of Montgomery and is a member of Beta Nu Omega Commission and prior to the license renewal deadline. Chapter of Alpha Kappa Alpha, Phi Delta Kappa honor These five suggestions can help licensees avoid trouble during license society, Alabama Education Association, Alabama renewal. You are encouraged to keep a record of these suggestions State Employees Association, National Education and make license renewal in 2008 a stress-free and even enjoyable experi- Association and National Association for the Edu- ence. Please contact the Education Division at 334.242.5544 if you have cation of Homeless Children and Youth. ■ any questions. ■ WINTER 2007 5 DISCIPLINARY ACTIONS TAKEN June through October 2006 DISPOSITION Kevin M. Kendall Salesperson; Alexander City, Alabama The below were found guilty for violation Date of Hearing: June 23, 2006 of Section 34-27-36(a)(16) by presenting to the Alabama Real Estate Commission, Fined $1000 and license as payment for a fee or fine, a check which suspended for 30 days. was returned unpaid by the bank upon which it was drawn. Carol A. Lersch Associate Broker; Mobile, Alabama Jennifer R. Cade Date of Hearing: August 18, 2006 Salesperson; Gulf Breeze, Florida Reprimanded Date of Hearing: June 23, 2006 Fined $250 Dorothy M. Walther Inactive Salesperson; Mobile, Alabama Kerry C. Glenn Date of Hearing: August 18, 2006 Salesperson; Columbus, Georgia Valley E. O'Neal License Revoked Date of Hearing: June 23, 2006 Inactive Salesperson; Mobile, Alabama Fined $250 Date of Hearing: October 20, 2006 Jeffrey L. Stinson Fined $250 Inactive Salesperson; Jennifer Eileen Middleton Pawley's Island, South Carolina Inactive Salesperson; Jonathan R. Long Date of Hearing: September 15, 2006 Bay Minette, Alabama Salesperson; Rainbow City, Alabama License Revoked Date of Hearing: June 23, 2006 Date of Hearing: October 20, 2006 Fined $250 Fined $250 Sara B. Batson James Ryan Jackson Salesperson; Huntsville, Alabama Deborah Ann Sisley Date of Hearing: October 20, 2006 Salesperson; Jasper, Alabama Salesperson; Daphne, Alabama Fined $1000 and license Date of Hearing: August 18, 2006 Date of Hearing: October 20, 2006 suspended for 30 days. Fined $250 Fined $250 Jody Lynn Marsh Eunice Y. Baker Salesperson; Gulf Shores, Alabama Randy S. Morris Associate Broker; Daleville, Alabama Date of Hearing: August 18, 2006 Qualifying Broker; Mobile, Alabama Date of Hearing: October 20, 2006 Fined $250 Date of Hearing: October 20, 2006 Reprimanded Fined $250 Jason S. Graviet Jimmy A. Dichiara Temporary Salesperson; DISPOSITION Qualifying Broker; Ardmore, Alabama Gulf Shores, Alabama Date of Hearing: September 15, 2006 The below were found guilty for violation Date of Hearing: October 20, 2006 Fined $250 of Section 34-27-36(a)(19) by failing to Fined $1000 and reprimanded comply with Rule 790-X-1-.12(8) and Kim Smalley Robinson Rule 790-X-1-.12(9) by failing to provide Kenneth E. Harve Temporary Salesperson; to the Commission, upon request, original Salesperson; Bessemer, Alabama Clanton, Alabama certificates of completion of all the Date of Hearing: October 20, 2006 Date of Hearing: September 15, 2006 requested hours of approved continuing Fined $250 Fined $250 education courses. Anne S. Deakle Karen Shaw-Nichols Rodney E. Barstein Inactive Salesperson; Temporary Salesperson; Inactive Broker; Birmingham, Alabama Mobile, Alabama Chelsea, Alabama Date of Hearing: June 23, 2006 Date of Hearing: October 20, 2006 Date of Hearing: September 15, 2006 Fined $1000 and license Fined $1000 and license Fined $250 suspended for 30 days. suspended for 30 days. 6 WINTER 2007 DISPOSITION DISPOSITION DISPOSITION The below were found guilty for violation The below were found guilty for violation The below was found guilty for violation of Section 34-27-36(a)(19) for a real of Section 34-27-36(a)(8)a. and Section of Section 34-27-2(a)(11)b. via Section estate licensee to violate or disregard a 34-27-36(a)(8)b. for failure to deposit and 34-27-36(a)(19) to operate within the city Commission order by failing to pay an account for at all times all funds being limits of a municipality without having ordered fine. held for others by having a shortage funds an office place of business that meets in this account. the requirements of the aforementioned Christopher Allen Cummings section. Qualifying Broker; Clarence P. Evans, Jr. Orange Beach, Alabama and Lorraine S. Nichols Date of Hearing: June 23, 2006 Bo Evans Realty and Qualifying Broker; Fined $500 Auction Company LLC Gulf Shores, Alabama Date of Hearing: June 23, 2006 Linda M. Bartlett DBA Bo Evans Realty Fined $1,000 Inactive Salesperson; Qualifying Broker; Birmingham, Alabama Prattville, Alabama Date of Hearing: August 18, 2006 DISPOSITION Date of Hearing: September 15, 2006 License is suspended for one year. Fined $1,000 The below was found guilty of Count #1 for violation of Section 34-27-36(a)(19) Marie Knight Sunset Properties and to fail to comply with Section 34-27-31(j) Temporary Salesperson; John Bobe in the failure of real estate licensee Orange Beach, Alabama Qualifying Broker; to notify the Commission within 10 days Date of Hearing: September 15, 2006 Gulf Shores, Alabama of the institution of criminal prosecution License is suspended for 60 days. Date of Hearing: August 18, 2006 against him and subsequent arrest; Count Fined $1,500, license suspended #2 for violation of Section 34- DISPOSITION for 90 days, suspension 27-36(a)(23)a. for having entered a plea of guilty or nolo contendere to, or The below was found guilty for violation of stayed pending completion having been found guilty of or convicted Section 34-27-36(a)(1) by procuring a of three hour continuing of a felony or a crime involving moral license by fraud, misrepresentation, or deceit, education course containing turpitude. or by making a material misstatement of fact information on trust or escrow in an application for license and Section 34- Richard E. Hilley 27-32(a)(5) that states the Commission may accounting. Salesperson; deny a license for having been convicted of Gulf Shores, Alabama or plead guilt to a crime of moral turpitude. DISPOSITION Date of Hearing: June 23, 2006 License revoked; William Clarence Scruggs, Jr. The respondent Martin was found guilty of violating Section 34-27-36(a)(3) appeal pending. Inactive Temporary Salesperson; Mobile, Alabama by making a material misrepresentation Date of Hearing: June 23, 2006 to the buyer concerning the lot that DISPOSITION Licensed Revoked was for sale by his company and respondent Fedder was found guilty of The below were found guilty of Count #1 violating of Section 34-27-36(a)(2) for for violation of Section 34-27-36(a)(19) DISPOSITION to fail to comply with Rule 790-X-3-.01 failing to see that the actions of Martin The below was found guilty for violation complied with the provisions of the cited for moving his place of business and of Section 34-27-36(a)(19) by failing to Code of Alabama. failure to notify the commission comply with Section 34-27-30(10) to pres- within 30 days of the change; Count #2 ent to the public a company as being able Robert J. Fedder, Section 34-27-2(a)(11)b. for failure to to perform an act for which a real estate Qualifying Broker and establish a place of business; Count #3 license is required while not actually being Section 34-27-36(a)(8)a. and Section 34- Donald W. Martin, 27-36(a)(8)b. for failure to properly licensed as a real estate company. Salesperson; account for or remit money coming into Sonya Bovee-Partridge Daphne, Alabama his possession which belongs to others; Qualifying Broker; Enterprise, Alabama Date of Hearing: July 14, 2006 and Count #4 Section 34-27-36(a)(28) Date of Hearing: August 18, 2006 Mr. Fedder fined $500 and for failure or refuse to produce a record Reprimanded Mr. Martin fined $1,000 (Continued on page 9) WINTER 2007 7 LICENSING TIDBITS By Annie Hall, Licensing Supervisor It's Not Too Late online at www.arec.alabama.gov. An licenses cannot be activated online. The biggest part of the 2006 license inactive company cannot be renewed Those activations must be mailed to renewal process has come and gone. online. The fees must be mailed to the the Commission office. If the activa- Hopefully, everyone has received their Commission office. tion forms are mailed by Certified or 2007-2008 real estate licenses. Please remember that when you Registered mail, you may resume Licenses not renewed by October 1, renew your license, that license is your real estate activities. Activation 2006 have expired. Real Estate renewed on inactive status. To activate forms are processed in the order in License Law allows an expired license the license, individuals must first com- which they are received. to be renewed during the 12-month plete the required continuing education period following the license renewal courses. You must then complete an Renewal Problems for which the license was current. An Application for License Activation and We have some licensees who are expired license can be renewed by submit it with the required activation performing activities that require an paying the license renewal fees plus fee(s). The application can be obtained active real estate license, but either $150.00 penalty fee. These fees from our Web site at www.arec. the company or qualifying broker (or must be received in our office or post- alabama.gov. Once there, click on both) have not met all renewal marked by the US Postal Service by "Forms and Applications" and down- requirements, and therefore does not September 30, 2007. Failure to renew load the application. For faster serv- hold an active real estate license. a license by that date will result in a ice, you may also activate your Both the company and qualifying lapsed license and shall be subject to license online at the above Web site. broker must hold an active real estate all requirements applicable to persons From our homepage, click on "Online license in order for them or agents who have never been licensed. Services" and follow the prompts. registered to that company to engage Individuals may renew their license Company and qualifying broker in real estate transactions. Qualifying brokers must make sure that their license and their company license REMINDER: have met all renewal requirements and the licenses are active. Failure Commission's Fund Receipt Policy to do so will result in the company, qualifying broker and all agents In accordance with the Alabama Real Estate License Law Rule 790-X-1- registered to that company being .01(2), the Commission adopted the following policy that became effective placed on inactive status. November 21, 2003: "It shall be the policy that all fees must be accompanied by the appro- Online Transfers priate corresponding application or form for which the fees are being Qualifying brokers are notified by submitted. The amount of the fees must be exact as set out in the statute email immediately after an agent and as reflected on the most recently revised prescribed application or completes an online transfer of invoice form. Failure to comply in either case will result in the check his/her license from that company or application/form being returned. The return will contain information followed by written notification. The regarding the specific nature of the deficiency and provide 10 business law requires that licenses be returned days from the date of return for receipt of the transaction to accommo- in cases where the qualifying broker date any crossed deadline." has terminated his/her status as the qualifying broker. Otherwise, licenses Please be sure to submit appropriate fees, forms and licenses (if applica- for transfers do not have to be ble) for all transactions. Failure to follow the above policy will result in the returned to the Commission office as delay of processing your requests. provided by the recent repeal of Rule 790-X-2-.21. ■ 8 WINTER 2007 New Employees Join Commission Staff Disciplinary Actions... Continued from page 7 We are pleased to announce and welcome the following people in his possession for inspection by the commission. to the staff of the Alabama Real Estate Commission. Corey Demetruis Springs Connie Rembert joined the Education Division in the posi- and Springs Realty tion of Education Assistant. Connie is relatively new to state Qualifying Broker; Montgomery, Alabama service, having spent her career in the non-profit sector in the Date of Hearing: October 20, 2006 Blood Services Unit of the American Red Cross in Fined $500 each for Counts 1 Montgomery. Connie is a graduate of Auburn University of and 2; Licenses revoked on Montgomery where she received a Bachelor's in Business Count 3 and Fined $2,500 on Administration. Connie has one son, Joseph, III. Count 4. Connie Rembert Jamyla Genous recently joined the staff as the Executive DISPOSITION Assistant to the Executive Director, Philip Lasater. Jamyla The below were found guilty for viola- has six years public service with the state of Alabama tion of Rule 790-X-3-.01 via Section 34- and comes to the Real Estate Commission from the Depart- 27-36(a)(19) for a real estate licensee to ment of Rehabilitation Services. Additionally, Jamyla has change their place of business as set out worked in the Department of Public Health and the Alabama on their numbered license certificate, and Office of the Attorney General. Jamyla is married to Minister to fail to notify the commission in writ- Kevin Genous and they are the proud parents of four year ing within 30 days after the change. Jamyla Genous old Kevin, II. Peter B. Jones Qualifying Broker; Pam Oates has joined the Education Division in the role of Dauphin Island, Alabama Education Specialist. Pam holds a Bachelor's degree in Date of Hearing: September 15, 2006 Education from Troy University and a Master's degree in Reprimanded Education from Troy University in Montgomery. While Wayne Sturgis assisting in all areas of education, Pam's primary duties are Qualifying Broker; Marietta, Georgia to audit real estate schools, courses and instructors through- Date of Hearing: September 15, 2006 out the state. Pam began her teaching career in Alabama's Fined $250 public schools in 1987 and has taught at all grade levels. Pam Oates William T. McLemore Qualifying Broker; Lebanon, Tennessee Matt Davis, a graduate of Gadsden State Community College Date of Hearing: September 15, 2006 has joined the Information Technology Division in the Fined $250 position of computer programmer. Matt holds an associate degree in Computer Information Systems and an associate degree in Telecommunications. He has completed additional OTHER ADMINISTRATIVE ACTIONS course work at Jacksonville State University. Matt and his wife Determination for Licensure Cara just celebrated their first wedding anniversary. Approved . . . . . . . . . . . . . . . . . . . . . . 21 Denied . . . . . . . . . . . . . . . . . . . . . . . . . 6 Matt Davis Molli Jones has been appointed staff accountant in the Determination of Eligibility Accounting Division to assist with accounting and business Approved . . . . . . . . . . . . . . . . . . . . . . 11 administration duties of the Commission. Molli has a total of Denied . . . . . . . . . . . . . . . . . . . . . . . . . 6 twenty-one years of public service starting with the Alabama COMPLAINTS AND INQUIRIES Department of Education. A graduate of Auburn University HANDLED BY LEGAL AND Montgomery, Molli holds a bachelor's degree in business INVESTIGATIVE STAFF administration. Molli who enjoys reading, camping and is From Licensees . . . . . . . . . . . . . . .2342 married to Doug Jones. They are the parents of eleven year From Public . . . . . . . . . . . . . . . . . . 1237 Molli Jones old Adam. ■ Anonymous . . . . . . . . . . . . . . . . . . . 13 WINTER 2007 9 Tax Rules for Foreign Investors in U.S. Real Property By Nora S. Gunn, Senior Stakeholder Liaison, Internal Revenue Service NOTE: This headliner is current through There are exemptions to the withholding income as effectively connected to a the publication date. Since changes may requirements of Internal Revenue Code U.S. trade or business (W-8EIC). have occurred after the publication date section 1445. One of the most common • Withholding agents must use Form 1042 that would affect the accuracy of this doc- exemptions to FIRPTA withholding is that and 1042S to report the tax withheld. ument, no guarantees are made concern- the transferee does not have to withhold in • The requirement to withhold 30% ing the technical accuracy after the publi- a situation where the real property is pur- extends to the manager of the rental cation date. chased for use as a residence and the pur- property if the tenant has not met the Headliner Volume 162, May 11, 2006 chase price is not more than $300,000. A 30% withholding. Property managers listing of the exemptions from FIRPTA who do not comply with these rules will withholding is in IRS Publication 515, be held liable for 30% of gross rent, plus U.S. real estate licensees and Withholding of Tax on Nonresident Aliens penalties and interest. rental agents/property and Foreign Entities, and at IRS.gov, using managers are encounter- "FIRPTA" as a key search word. Withholding Required on ing an increasing number of situations In certain situations, such as when the Certain U.S. Real Property that involve foreign persons, defined as tax due on the transferor's gain from the Transactions Involving Foreign persons other than U.S. persons, acquir- sale is less than the withholding, the for- ing U.S. real property. The tax rules gov- eign transferor (or the transferee) can Persons, IRS Warns erning disposition of any U.S. real proper- request from the IRS a reduction or elimi- FS-2005-16, September 2005 ty interest by foreign persons vary in nation of withholding. The FIRPTA many ways from those that apply to U.S. The IRS today reminds all real estate Withholding section on IRS.gov has more persons. Understanding the tax laws is and tax professionals of the withholding information about reducing the withhold- critical for real estate professionals to tax and the filing obligations with respect ing rate. avoid personal liability for improper U.S. to two transactions in which a foreign per- federal income tax compliance. son disposes of a U.S. real property inter- The disposition of a U.S. real property Withholding on Rental Income est. The transactions involve the disposi- interest by a foreign person (transferor) is Paid to a Foreign Person tion by a foreign person of an option or subject to the Foreign Investment in Real If a foreign person owns U.S. rental contract to acquire a U.S. real property Property Tax Act of 1980 (FIRPTA) property and receives rental/investment interest, and the disposition by a foreign income tax withholding. FIRPTA author- income not connected with a U.S. busi- corporation of a U.S. real property interest ized the United States for the first time to ness, the renter must withhold a flat rate of by way of a transfer to a shareholder. tax foreign persons on disposition of U.S. 30% (without deductions) of the rents, Real Property Interests (USRPI). unless a tax treaty provides a lower rate or Disposition of an Option or A USRPI includes any sale of an interest an exemption. Here are some basic rules Contract to Acquire a United States in parcels of real property, as well as sale regarding withholding on rent: Real Property Interest of any shares in certain U.S. corporations • IRC section 1441 provides for the with- Under U.S. tax law, a foreign person that that are considered U.S. real property hold- holding of tax paid by a withholding sells or exchanges a U.S. real property ing corporations. Any purchaser (transfer- agent to a nonresident alien on various interest must report the gain on a U.S. tax ee) of a USRPI from a transferor must items of income, including rental return, and the buyer of the U.S. real prop- withhold ten percent (10%) of the amount income. The person paying rent, as well erty interest must withhold and pay to the realized and remit such amount to the IRS as the real property manager who col- IRS 10 percent of the gross amount paid to within 20 days of the date of transfer, using lects rent on behalf of a foreign owner, the foreign person. A U.S. real property Form 8288, and Form 8288-A. are considered withholding agents. interest includes options or contracts to The transferee of the property must • The person making payment of U.S. acquire land or land improvements and determine if the transferor is a foreign per- source rents to a foreign person must leaseholds of land or land improvements. son. If the transferor is a foreign person withhold 30% unless the foreign person The disposition of such an option or con- and withholding does not take place in claims reduced withholding based on a tract by a foreign seller is reportable on the accordance with the law, the transferee and tax treaty (W-8BEN) or makes an irrev- foreign seller's U.S. tax return and is sub- the agent may be held liable for the tax. ocable election with the IRS to treat the ject to a 10 percent withholding tax 10 WINTER 2007 payable by the buyer to the IRS. Under rate level) or because the corporation is 3. The disposition is of an interest in a U.S. tax law, the buyer must determine if viewed as selling the entire U.S. real prop- domestic corporation and that corpora- the seller is a foreign person. If the seller is erty interest directly to the buyer. In cases tion furnishes you a certification stating, a foreign person and the buyer fails to where the foreign corporation is treated as under penalties of perjury, that the inter- withhold, the buyer can be held liable for making a distribution of the U.S. real prop- est is not a U.S. real property interest. the withholding tax. erty interest, the foreign corporation is also Generally, the corporation can make The IRS has become aware of instances subject to a withholding tax of 35 percent this certification only if the corporation in which foreign persons have acquired on the gain in the property, unless it quali- was not a USRPHC during the previ- options or entered into contracts to pur- fies for reduced withholding. ous 5 years (or, if shorter, the period chase U.S. real property interests and sold Taxpayers may find the following publi- the interest was held by its present the options or assigned the contracts before cation, forms, IRS guidance and regula- owner), or as of the date of disposition, such instruments are exercised or executed tions helpful: the interest in the corporation is not a and title to the underlying property is • Publication 515 U.S. real property interest by reason of taken. Buyers of the options or contracts • Form 8288 section 897(c)(1)(B) of the Internal are failing to withhold and remit to the IRS • Form 8288-A Revenue Code. The certification must the required 10 percent from the proceeds be dated not more than 30 days before of the sale. • Form 8288-B the date of transfer. • Form W-7 4. The transferor gives you a certification Transfer to a Shareholder • Form SS-4 stating, under penalties of perjury, that The IRS is also aware of potentially abu- • Form 1099-S the transferor is not a foreign person sive transactions where a foreign corpora- • Form 1120F and containing the transferor's name, tion arranges a sale of its U.S. real property • Rev. Proc. 2000-35 U.S. taxpayer identification number, interest to a buyer and then transfers its U.S. real property interest to its foreign • IRC Section 1445(a) and (e) and home address (or office address, in individual shareholder. The corporation • Treasury Regulation Section the case of an entity). 1.1445-1(b)(3) 5. You receive a withholding certificate often uses a quitclaim deed for the transfer, from the Internal Revenue Service which conveys to the shareholder only the Exceptions from FIRPTA Withholding that excuses withholding. Refer to corporation's interest in the property and You do not have to withhold or file if any of Withholding Certificates. does not warrant good title, but other deed the following apply. 6. The transferor gives you written notice transfers may present similar issues. The 1. You (the transferee) acquire the property that no recognition of any gain or loss foreign shareholder then sells the U.S. real for use as a home and the amount real- on the transfer is required because of a property interest to the buyer. The foreign ized (sales price) is not more than nonrecognition provision in the shareholder takes the position that, because $300,000. You or a member of your fam- Internal Revenue Code or a provision he or she, rather than the corporation, is ily must have definite plans to reside at in a U.S. tax treaty. You must file a selling the property, some or all of the gain the property for at least 50% of the num- copy of the notice by the 20th day after inherent in the foreign corporation's U.S. ber of days the property is used by any the date of transfer with the Internal real property interest is subject to a maxi- person during each of the first two 12- Revenue Service Center, P.O. Box mum capital gains rate of 15 percent. That month periods following the date of 21086, Drop Point N-423 FIRPTA is, the foreign shareholder claims that the transfer. When counting the number of Unit, Philadelphia, PA 19114-0586. In transfer of the U.S. real property interest by days the property is used, do not count 2007, you must file a copy of the notice the foreign corporation to the shareholder the days the property will be vacant. by the 20th day after the date of trans- does not result in a corporate level tax. If 2. The property disposed of (other than cer- fer with the Internal Revenue Service the foreign corporation had directly sold the tain dispositions of nonpublicly traded Center, P.O. Box 409101, Ogden, UT U.S. real property interest, it could be sub- interests) is an interest in a domestic cor- 84409. ject to tax at a rate as high as 35 percent. poration if any class of stock of the cor- 7. The amount the transferor realizes on The shareholder's position is incorrect. poration is regularly traded on an estab- the transfer of a U.S. real property Generally, the foreign corporation (and not lished securities market. However, if the interest is zero. the foreign individual shareholder) is taxed class of stock had been held by a foreign 8. The property is acquired by the United on all of the gain inherent in the U.S. real person who beneficially owned more States, a U.S. state or possession, a property interest. The transaction is treated than 5% of the fair market value of that political subdivision thereof, or the as a taxable sale of the U.S. real property class at any time during the previous 5- District of Columbia. interest by the corporation, either because year period, then that interest is a U.S. 9. The grantor realizes an amount on the the corporation is making a distribution to real property interest if the corporation grant or lapse of an option to acquire a the foreign shareholder of the U.S. real qualifies as a United States Real U.S. real property interest. However, property interest (which would constitute a Property Holding Corporation (USR- deemed sale of such interest at the corpo- PHC), and you must withhold on it. (Continued on back page) WINTER 2007 11 Presort Standard U.S. Postage PAID Montgomery, AL 1201 Carmichael Way Permit 286 Montgomery, Alabama 36106 Our Mission To protect the public through the licensing and regulating of Real Estate licensees.(Code 34-27- Article 1, General Provisions) Commissioners Bill E. Poole Chairman, Huntsville Roy F. Bragg, Birmingham Jewel Buford, Tuscaloosa Gordon Henderson, Albertville Robert S. Hewes, Dothan Sheila S. Hodges, Gulf Shores Chester Mallory, Montgomery Janet R. Morris, Montgomery Dorothy P. Riggins, Montgomery D. Philip Lasater, Executive Director Tax Rules for Foreign Investors... agent must notify you, or the agent will be Continued from page 11 held liable for the tax. The agent's liability Pat Anderson, Asst. Executive Director is limited to the amount of pay the agent Vernita Oliver-Lane, Editor you must withhold on the sale, gets from the transaction. exchange, or exercise of that option. An agent is any person who represents The Alabama Real Estate 10. The disposition (other than certain dis- the transferor or transferee in any negotia- positions of nonpublicly traded inter- tion with another person (or another per- Commission UPDATE ests) is of publicly traded partnerships son's agent) relating to the transaction, or in is published for the benefit of the or trusts. However, if an interest in a settling the transaction. A person is not Alabama Real Estate Industry treated as an agent if the person only per- publicly traded partnership or trust was by the Alabama Real forms one or more of the following acts owned by a foreign person with a Estate Commission. related to the transaction: greater than 5% interest at any time dur- Phone: 334.242.5544 ing the previous 5-year period, then that • Receipt and disbursement of any part of Fax: 334.270.9118 interest is a U.S. real property interest if the consideration, www.arec.alabama.gov the partnership or trust would otherwise • Recording of any document, qualify as a USRPHC if it were a corpo- • Typing, copying, and other clerical tasks, email@example.com ration, and you must withhold on it. • Obtaining title Insurance reports and reports concerning the condition of the Commission Meetings Certifications property, or Open to the Public The certifications in items (3) and (4) are • Transmitting documents between the par- All Commission meetings are open to the not effective if you have actual knowledge, ties. public and that includes real estate or receive a notice from an agent, that they A Withholding Agent is personally liable licensees. Commissioners welcome and are false. If you are required by regulations for the full amount of FIRPTA withholding encourage attendance and observation to furnish a copy of the certification to the required to be withheld, plus penalties and by any licensee in any location. IRS and you fail to do so in the time and interest. A Withholding Agent is any person Locations, dates and times can be found manner prescribed, the certifications are not having the control, receipt, custody, dispos- on the Commission's Web site at effective. al or payment of income that is subject to www.arec.alabama.gov withholding. Generally, the person who Liability of agents pays an amount to the foreign person sub- License Renewal Dates If you receive either of the certifications ject to withholding, must do FIRPTA with- Real Estate licenses expire discussed in item (3) or (4) and the transfer- holding. September 30, 2008. Remember to or's agent or your agent (the transferee's renew all broker, salesperson and agent) has actual knowledge that the certifi- For additional information about Tax company licenses in every even year. cation is false, or in the case of (3), that the Rules for Foreign Investors, please contact corporation is a foreign corporation, the the Internal Revenue Service. ■
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» Views
Will to power
Publication Date : 22-06-2012
A new constitution for Nepal seems more distant than ever. After much deliberations among the political parties, the election to the Constituent Assembly (CA) was finally held in April 2008. This heralded a new dawn of optimism among us, which, however was shattered when the CA, mired in deep malaise, was suddenly killed before the deadline set by the Supreme Court.
Each political party—the Maoists, Nepali Congress (NC), Communist Party of Nepal-Unified Marxist-Leninist (CPN-UML) and Madhesi Morchas—have presented their alibi for the death of the CA. Amid this, a second election to the CA was also declared for November 22 by PM Baburam Bhattarai. The NC and CPN-UML are against a second election to the CA.
Both have firmly opposed what they see as an unconstitutional declaration and have raised concerns about the possibility of holding a free and fair election under a Maoist-led government. In this stalemate, consensus among the major political parties might seem like the only sane option. But steps to execute this political consensus will require extra-constitutional measures if notunconstitutional ones.
Interim Constitution
The framers of the Interim Constitution of Nepal faced a deep paradox when they were entrusted with the duty to draft a constitution to effectuate the will of the Nepali people to frame a constitution through a CA. Because of an unclear mandate the drafters were unsure whether to write only a statute of transition or a comprehensive statute for governance. When it was finally promulgated it received fair share of criticism for being an organic law suitable for a longer-term goal of a stable state rather than a transitional document. This oft-critiqued feature of the Interim Constitution has however proved to be a boon for the nation, preventing the country from sinking into a governance void.
But on part of completing its transitional task, it has become equally doubtful whether the bridge-gap constitution will deliver a final constitution to us. Although the framers of the IC intensely negotiated the issues of inclusiveness, modalities of CA elections, state restructuring and fate of monarchy, they however unequivocally agreed to allow the CA to mirror the role of the legislature-parliament. Cost-saving, efficiency and minimum legitimacy of the legislature-parliament in comparison to t he CA were the primary reasons behind the agreement.
The twinning of the roles of the CA and legislature-parliament not only affected the constitution-making process but has left us now with a powerful executive without a parliament to limit it.
Because the drafters of Interim Constitution did not sufficiently debate the twinning of the roles of CA and legislature-parliament, they failed to preempt the demise of the CA and its implications. If only, akin to the South African Interim Constitution, the members had agreed to give more importance to the parliament and allowed it to sit as a Constituent Assembly, and not the other way around, the present scenario would perhaps be different altogether.
However there is no point mulling over the mistakes made in the past. The drafters have valid justification though: the mandate as demonstrated by the public will was election to CA and only the CA. But lessons can be learnt from past mistakes and if the next election is to be held it should be to a parliament, which can have a dual role to sit as the Constituent Assembly for drafting, preparing and adopting a new constitutional text. This might go against the Supreme Court's judgment, but it can be argued that this parliamentary election is ipso facto (by inevitability) an election to the Constituent Assembly.
Constitutional hurdles
Constitutions can be amended legislatively by acts of parliament and to a limited extent judicially by court interpretations. But constitutional amendments through ordinances are unprecedented. The alternatives floating among political parties—revival of CA, second election to CA, instead an election to parliament, ratification by an elected parliament a constitutional text prepared by constitution drafting commission, adoption by referendum of constitutional text prepared by an expert committee—require invocation of the Interim Constitution's provisions relating to "power to remove difficulties". Article 158 reposes the power to remove difficulties "in connection with the implementation of [the] constitution" upon the President who is supposed to act only on the recommendation of the council of ministers.
A similar provision was found in the Constitution of the Kingdom of Nepal and was destructively used by ex-king Gyanendra. In it, however under Article 127, the entire power was vested solely on the king. The Supreme Court had the opportunity to interpret "power to remove difficulties", when it was exercised by king Gyanendra in the seminal case of Rajeev Parajuli v Royal Commission of Corruption (2006). In the stated case, the establishment of the Royal Commission of Corruption was under challenge and was declared unconstitutional.
Speaking for the bench, Justice Min Bahadur Raymajhi observed that the objective and purpose of "power to remove difficulties" under the constitution is only for enabling the implementation of any constitutional provision facing obstacles in application. Further it was held that it can only be exercised within limits prescribed by the constitution and cannot be resorted to for changing the constitutional mechanism altogether.
Thus, any exercise of power under Article 158 of the Interim Constitution by the President and the council of ministers can come under Supreme Court's scrutiny. It may only clear the Supreme Court's examination if it emanates from broader political consensus and is supported by larger public will.
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October 22, 2014 - Industry News
Cooper Tire and Rubber has completed builds of tires made of natural rubber sourced from the guayule plants.
Tags: Sustainability, Cooper Tire & Rubber Co., Tires, Rubber, Guayule
November 11, 2013 - Industry News
On Friday, Nov. 8, 2013, Judge Sam Glasscock III, vice chancellor of the Delaware Court of Chancery, ruled that Apollo was not in breach of its merger agreement with Cooper, which had filed a complaint to the contrary.
Tags: Tires, Litigation, Apollo Tyre, Cooper Tire & Rubber Co.
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Ryan Giggs is full of praise for Manchester United teammate Tom Cleverley.
Giggs believes Cleverley is a true of late developer.
He told the Telegraph: ŌĆ£Tom has had to wait his turn because of the quality weŌĆÖve had in the team. Some players like Wayne burst on to the scene at 16. Others develop a bit later. Becks developed a little bit later than Butty, Scholesy and Nev. YouŌĆÖre probably getting that with Tom. HeŌĆÖs had a couple of years getting loaned out. HeŌĆÖs got rid of all the injury niggles. Now youŌĆÖre seeing his full potential.
ŌĆ£I had first-hand experience at the Olympics, not only in the games but in training, of his enthusiasm. HeŌĆÖs the sort of lad who wants to get better, wants to learn and wants to become a top player. When you have that attitude and with the talent heŌĆÖs got, IŌĆÖm pleased how well heŌĆÖs doing for United and England.ŌĆØ


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Distance runners, cross-country skiers, cyclists and triathletes have long been thought of as the fittest of fit.Comments ()
Distance runners, cross-country skiers, cyclists and triathletes have long been thought of as the fittest of fit.
Since the demand for marathons is so great, lotteries - the process where race applicants are randomly accepted to run - are likely here to stay.
Make this the year you finally move from four wheels to two.
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Buying organic fruits and vegetables costs more, and for many shoppers, the advantage hardly seems worth the expense.
Force-feeding kids a diet of facts and figures about the nutrients in fruits and vegetables and why they're good for us is no way to create a generation of healthy eaters.
People work out to tone muscles, lower blood pressure or look good in a swimsuit. But there is another — less talked-about — reason: to build bone.
Given the array of fitness technology now available to help make exercise more entertaining, efficient and informative, some people might question the value of going retro. But have we all gotten a bit...
British Columbians live about as long and as well as any people in the history of the world. Why then are we constantly looking for a tiny extra edge, something — anything — that promises ...
Armed with the same weight-loss goals and the same workout, will men and women drop the same number of pounds?
Put down the donut. And while you're at it, skip the breakfast cereal, fruit juice, beer and ketchup.


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Respond to Review of Swami's Cafe
by Banana Bear
Review: I agree that they have great food. It was my favorite cafe for years. They seem to have recently begun to post anti-gay and anti-immigrant signs (drawn crudely in marker) on their walls. The last time I was there, I could scarcely drink my smoothie because I was so upset by the staff's disregard for the rights and feelings of large groups of people. ( I wouldn't eat somewhere with a 'No Irish' or 'No Blacks' sign up any more than one that said 'Straight Pride'). I hope they get over this soon and go back to being just a cute little funky cafe. If this kind of stuff bothers you, I'd stick to one of the other healthy cafes in the area like Roxies in Encinitas or Kais in Cardiff.
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Whats up
Hi I'm Mark I am a Maintenance and equipment supervisor for a pipe coating facility. I have been a DIYer since I have been able to ride a bike. I am always trying to save a buck and fix every thimg myself so this web site will be a great help and probably be able to assist others with my vast knowledge and years of expierience. :laughing:
Well, I'm not really in to bikes, but,
Welcome to the forums!
|All times are GMT -5. The time now is 02:23 AM.


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Apricot Hand Woven Water Hyacinth HamperItem # HN-LMT051
- Dimensions: 20.25W x 15.5D x 22.25H in.
- Made of water hyacinth/seagrass
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You are a fan of butane scary ? Come to discover the best forums butane scary on the internet and share your experience with a community fan of butane scary . You can also build a forum butane scary and create your online discussion.
The forum dedicated to nothing but horror.
myers, mask, freddy, jason, scream, ghsotface, collection, robe, knife, horror, #scary, michael, voorhees, machete, glove, zombie, halloween, film, forum, community, classifieds, sell, trade


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when I wanna relax/chill: Trance
when Im happy or wanna get all happy and hyper: Hardcore, Hard Dance, Happy Hardcore
like in a regular mood: rock
angry: goth metal
sad: dunno :S
I dun listen to hip-hop or rap or r&b... just those listed above
ok, most my life was a flip flop so heres a basic timeline
age 4-10
age 11-13
age 14-now
-heavy metal
ok my obcession with rock started with the first music video i ever saw, Metallica's For Whom The Bell Tolls, which music video filled me with the awe and wonder of heavy metal. so from then i was pure, black wearing, leather wearin, long haired rock listener. again it changed. around age 11 i started hanging out with some black kids that showed me my first rap song, 2pac's California, which again grabbed my attention with the lyrical wit that some lines had. so i dumped rock out the garbage and started to wear baggy clothes, short hair and jewlery. now, i started to hang out with my friends while their taste in music changed from rap to rock, so i now listen to a combo of the two (they are called sworn enemies, but ppl tho say that dont rele understand.....)
Want Credits Fast? Love The Thrill Of Gambling? Then Come On Down And See For Yourself!
when I wanna relax/chill: Trance
when Im happy or wanna get all happy and hyper: Hardcore, Hard Dance, Happy Hardcore
like in a regular mood: rock
angry: goth metal
sad: dunno :S
I dun listen to hip-hop or rap or r&b... just those listed above
Thank you SasuraiHell for making my sig. ur the best."I came, I saw, I conquered" - Julious Cesar
I love all sorts of music. My Mother and Father brought us up listening to a very wide range of music. Seems it didn't matter when it was from, what style it was, or if we liked it. We were taught to a least give it a try. After all how could we truly appreciate music, if we didn't experience it all.
From my Dad I learned to love music from the 40's, 50's, 60's, and music from the British Isles and Ireland. From my Mom I learned to appreciate classical, soundtracks, New age, and heavy metal (she listens to KORN).
My favorite genres/styles are:
40's & 50's (like Frank Sinatra & Bobby Darren)
YouTube - Frank Sinatra - Stardust (1943)
YouTube - Mack The Knife
New age (like Enya)
YouTube - Caribbean Blue - Spirited Away.
Groups from Britain (like The Beatles)
YouTube - Live and Let Die ~Anime
Alternative music (like Evanescence)
YouTube - Evanescence: Snow White Queen Anime Mix!
Celtic music (like Maire Brennan)
YouTube - Legend of the Dragoon - Be thou my vision
Anime music (too many to mention)
YouTube - fighting dreamers
YouTube - Wolf's Rain Ending
Soundtracks (like LOTR)
YouTube - Annie Lennox - Into The West
Holiday music (again too many to mention)(love the first one. For those who know what a Chanukah bush is and eat Chinese on Christmas)
YouTube - Chinese Food On Christmas
YouTube - Mary's Boy Child
YouTube - Bing Crosby - White Christmas
YouTube - josh groban holy night
I have always loved all holiday music. I grew up where it snowed every year. The holiday music always seemed to make the whole holiday (Chanukah thru Christmas and New years) season even more cheerful.
One of my favorite international artist (singers) is David Broza.
YouTube - דויד ברוזה - בוכה ×ל הקירות -David Broza -Boche El Hakirot
I hope that you enjoy some of the music I do. Happy Holidays everyone!
Last edited by Zeikku Shadow; Dec 13, 2007 at 02:43 PM. Reason: added something I missed the first time.
I'm a pretty big rock and metal fan. R&B makes me feel mushy and thats a feeling I prefer to bury and never let see the light of day again. However rock lets me get out a lot of frustration without hurting anything or anyone.
Our love will go on until the end of time. I will always be yours and you will be mine.
Well, I seem to fall a bit off standard here, but that can be a good thing right? :P
I'm very much into Deephouse and Techhouse, for the people who don't know what it is you can listen to some music of the Timewriter and Jimpster or Fish Go Deep at some online shop by clicking the links.
For the rest I'm into Trance (mainly vocal) and hiphop/rnb/jazz combinations. The dutch scene is pretty good at that and that is mainly where the good stuff comes from: Benny Sings.
Also Minimal is something I listen to from time to time, artists like these I can really appreciate: Minilogue
Maybe I can get some people along here :P
i am fan of love songs and musics .... and i like little of rock and opera ..... and i find the best songs for love for (Josh Groban ... for the year 2004 ) when i listen to it i feel something in my heart ..... and this feelings make me so happy and i don't know why ... =^_^=
♥♥♥My Dreams Become Like The Rainbow♥♥♥
Love Like the Wind You Can't See It But You Can Feel It
I listen to a good variety of music, but i stay away from that pop garbage played on the radio, ala nu-metal, pop, pop-rap, etc.
What i do listen to:
Metal - not metal core, metal ( maiden, dio, etc)
Folk - ala woodie guthrie and so on
country - real country.. Johnny Cash, Hank 1 etc
Noise - Lightning Bolt is good stuff im telling you
Prog rock
hip - hop - i mean that UG heat, Heiroglyphics, Del, and Aesop Rock
Yo, this beast was by Lowshuwa
my drawings
I listen to a variety of music also. I think it's rather funny when a person sticks to one genre of music and can't get out of their comfort zone and listen to other things.
I like indie, ska, punk, screamo, pop, rock, alternative, metal, some hip hop and rap, electronic, and the chill fun stuff. Haha, although i think rap is really gross and what not, I can't lie that there is some good rap and when it's good, it's good to dance to.
Tastes like sugar. Looks like sugar. But it's not sugar.


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HAHAHA!!! xD
The Fellowship is an unofficial Tolkien lore group that brings every fan together from his great works in the Middle-Earth universe!
HAHAHA!!! xD
Heh! Very nice.
A Hobbit, some Dwarves, and a Wizard walk into a mountain... well not the wizard, he likes to bail on everyone at a time where him staying would make the quest much simpler ... also there's a dragon that nobody seems to want to prepare for .... What was I talking about? Oh yeah.... Here are some hobbit jokes


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Jacque Reid goes "Inside Her Story" with Chrystal Travis and David Wood about Wood's choice to birth a child via surrogate in India and raise it on his own as a single black male.
Wood has acted as a father figure for his nephews and at 49-years-old has decided to have a child of his own. Reid asked him why not date someone and have a baby, he responded, "I believe in dating a woman, not dating a womb."PLAY AUDIO
Also On Black America Web:
This Week's Hottest Celebrity Instagrams (3/13-3/20)
http://photos-d.ak.instagram.com/hphotos-ak-xaf1/t51.2885-15/11033044_752249738227363_2039871459_n.jpg http://scontent.cdninstagram.com/hphotos-xfa1/t51.2885-15/10005430_434360173394406_1338017951_n.jpg http://photos-d.ak.instagram.com/hphotos-ak-xfa1/t51.2885-15/10948796_899557603428419_1165034579_n.jpg http://photos-f.ak.instagram.com/hphotos-ak-xfa1/t51.2885-15/11078864_1636836193204925_590967067_n.jpg http://photos-g.ak.instagram.com/hphotos-ak-xfa1/t51.2885-15/11055773_1570125359938086_1557584236_n.jpg


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It's Official: Erin Andrews New 'Dancing With the Stars' Co-Host
ABC announces that the sports reporter will join Tom Bergeron on the next season of the reality TV show.
ABC officially named Erin Andrews as the new co-host of Dancing With the Stars on Monday.
The Fox Sports reporter replaces Brooke Burke-Charvet, who was dropped less than a month before the show's March 17 premiere. She will join returning co-host Tom Bergeron on season 18 of the show, which debuts next month.
Burke-Charvet "has been a wonderful part of the Dancing With the Stars family since her triumphant win in season seven and will unquestionably be missed by our entire team. We'd like to thank Brooke for her years of great service," said the show's executive producer, Conrad Green, in a statement on Saturday.
VIDEO: Fox Sports' Erin Andrews, Charissa Thompson Cut Loose During THR Shoot
Andrews competed on the 10th season of Dancing With the Stars, making it to the finals.
The Hollywood Reporter previously reported that Fox Sports co-president Eric Shanks signed off on the Dancing With the Stars deal before it was announced. Andrews' "Fox Sports responsibilities remain the top priority," read a statement from the cable sports network.
The cast of season 18 of Dancing With the Stars will be revealed on Good Morning America on Tuesday, March 4.
Must Reads
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L.A.'s Soho House Turns 5: Membership Rejections, Success Secrets Revealed in Oral History
Gavin Polone on TV's Dirty Secret: Your Agent Gets Money for Nothing (Guest Column)
Reality Power: The Declining Clout of the Broadcast Unscripted Chief
Why More 'Star Wars' Actors Haven't Become Stars
From Christian Bale to Benedict Cumberbatch: Why British Actors Nab So Many American Roles
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What's Hot in TV
NBC News Chief Andrew Lack Targets MSNBC as Priorities Emerge
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Jon Cryer Reveals the Inside, Insane Account of Charlie Sheen's Infamous Meltdown
Craig T. Nelson to Star in 'Coach' Follow-Up Series for NBC


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Marine Camps
Ripley's Aquarium Marine Science Camps are interactive, innovative and entertaining
There are a variety of day, week and overnight camps available, campers can enjoy the thrill of swimming with sharks and rays, learning to SCUBA dive, explore marine life in the open ocean, local parks wetland and much more!
Fun, excitement and memories that last a lifetime are what you will find when you enter into Ripley's Aquarium Marine Science Camps. Perfect for all adventurous children ages 6 – 16 yrs.
Use the tabs below to find our information, prices, dates and details on all of our currently scheduled camps and programs.
Summer Camps
KIDS NIGHT OUT – Ages 6-14
Enjoy a night at the Aquarium in this program designed for kids only. The night will begin with a tour of the aquarium, music, dancing, karaoke, scavenger hunts, movies, crafts, pizza, snacks and more will follow. When exhaustion finally sets in, we will set up camp in our 330-foot tunnel and "Sleep with the Sharks" and Gabby the turtle!. Please bring a sleeping bag and any personal items. Sleeping bags may be purchased onsite if necessary for $15.
$49.99plus tax | Summer 2015 Dates TBD| 7:00 pm – 8:00 am
SURF CAMPS - ages 6-14 – Limit 10
Wave riders around the world will recognize you as a true surfer in this camp! Start your wave at Ripley's Aquarium. From there we will head to the beach where you'll learn how to read waves, ride the waves and become a pro surfer. Camp includes a Ripley's surfing rash guard (logoed and long sleeve wet suit surf shirt) and certificate of surfing skills completed!
$49.99 + tax (incl.Rash Guard) | Summer 2015 Dates TBD | 9:00 am – noon
MERMAID CAMP – Ages 6-14 – Limit 15
Put your best fin foward in this mermaid adventure! Begin at Ripley's Aquarium, where you will enjoy fun activities like making a mermaid craft and creating a mermaid name. Then travel to our special mermaid pool location where you will have the opportunity to swim in a real mermaid tail, learn mermaid tricks and play mermaid games! When you return to dry land, you will get an official Ripley's mermaid T-shirt and certificate recognizing you as a certified real mermaid!
$49.99 + tax (incl. mermaid T-shirt) | Summer 2015 Dates TBD | 9:00 am – noon
KIDS CLUB WEEKLY – ages 6-12 – Limit 25
Kids Camp is an ocean learning adventure that is sure to keep our camper buddies busy having fun all day. Each week our young ocean explorers will embark in a different weekly ocean themed adventure that will take them on a journey of learning and hands on experiences. From field trips to interacting with our own animals right here at Ripley's Aquarium. Snacks, drinks, and supplies are all included. Campers are asked to brink a bag lunch each day.
Daily drop off at Ripley's Aquarium is between 8:00am-9:00am and pick up at Ripley's Aquarium between 4:30pm-5:30pm
$135.00 + tax weekly | Minimum registration of 2 full weeks |
Two Day Adventures
• Days: Thursday-Friday Camps
• Schedule: Camp begins at 9:00 a.m. on Thursday and conclude at 5:00 p.m. on Friday.
• Overview: The campers will "Sleep with the Sharks" while camped out in the underwater tunnel at night. All of the two day camps are packed full of fun activities thatrevolve around Marine Science and conservation topics.
• Cost: $159.99 plus tax for the Stingray and Shark Adventure and also the Magical Mermaid Experience. The Kayak Ecoadventure is $174.99 plus tax. All prices include all food and supplies.
Stingray and Shark Adventure Ages 7-14 – Limit 20
Explore the beaches along the Grand Strand in search of elusive sharks teeth and mermaid purses (Shark Egg Cases) as sharks swim just outside the breakers. After searching the beach we will go on a shark and stingray watch at Springmaid Pier. While there, we will enjoy our lunch amon the sea gulls and fisherman. Once back at the aquarium you will become a shark expert while learning about them through an interactive program including a shark dissection. After dinner, you will get a personalized behind the scenes tour of the aquarium, make a shark necklace, enjoy a snack and a movie. As bedtime approaches, we will set up camp in our shark tunnel as sharks swim overhead. Awake the next morning to breakfast in the Feeding Frenzy. After breakfast, you will enter the water world of Friendship Flats in the aquarium as you experience a one on one encounter swimming with Stingrays and Bonnethead Sharks. If time allows in the afternoon, we may return to the ocean for another beach exploration. All meals are included.
Space is limited and sells out quickly.
Dates: Summer 2015 Dates TBD
Cost: $159.99 plus tax
Kayak Ecoadventure – Age 8-15 – Limit 12
On day one you will navigate your kayak through the marsh grass as Fiddler Crabs scurry beside you. Egrets, Herons and Gulls are plentiful and a watchful eye may catch a glimpse of a Bald Eagle overhead. As you arrive at the island you will be greeted by ghost and blue crabs. With a keen eye you may find sharks teeth and sand dollars along with other unique shells. Lunch will be served along the inlet leading to the ocean from Cherry Grove. Once back at the aquarium, you will get a personal tour behind the scenes as well as other activities. After a snack and a movie, we will set up camp in our shark tunnel where you will sleep with the sharks overhead. Here you will record in your own nature journal the memories of the day. On day two we will paddle our kayaks through the black waters of a Cyprus Swamp along the Waccamaw River. Birds, Reptiles and the unknown await us. Lunch will be served on the river bank. Upon our return to the aquarium, you will again be able to capture your memories in your journal.
Space is limited and sells out quickly.
Dates: Summer 2015 Dates TBD
Cost: $
174.99 plus tax $159.99 plus tax
Magical Mermaid Experience – Age 6-12 – Limit 15
Join us for two days in the life of a Mermaid with this Magical Mermaid Experience. You will learn about Mermaids, create a mermaid name, have a mermaid makeover in our Mermaid Boutique and crafts. You will travel to a local pool where you will have the opportunity to swim in a real mermaid tail, learn mermaid tricks and play mermaid games! The evening will be filled with music, dancing and fun. As bedtime approaches, we will set up camp in our shark tunnel as sharks swim overhead. Awake the next morning to breakfast in the Feeding Frenzy. After breakfast, you will enter the watery world of Friendship Flats in the aquarium as you experience a one on one encounter Swimming with Stingrays and Bonnethead Sharks. When you return to dry land, you will receive a Ripley's Mermaid T-shirt and have a photo with a Ripley Mermaid. Finally you will receive a certificate recognizing you as a certified real mermaid! Meals are included.
Space is limited and sells out quickly; make your reservation early.
Dates: Summer 2015 Dates TBD
Cost: $159.99 plus tax
BY PHONE: Call Walter Lopez at 1-800-734-8888, ext. 3226


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'Agents of S.H.I.E.L.D.' First Look: Adrianne Palicki's Mockingbird Gets a Marvel-ous MakeoverKevin Fitzpatrick October 22, 2014 @ 10:00 AM
Well, that was quick! Just hours after Marvel's 'Agents of S.H.I.E.L.D.' introduced us to the MCU incarnation of Barbara/Bobbi Morse (Adrianne Palicki), the 'Avengers'-adjacent series has already given the character a major Mockingbird makeover for her superheroic presence among the team. Take a look at the real Marvel's Mockingbird, costume and all, as seen in an upcoming episode of 'Agents of S.H.I.E.L.D.!'


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