commingle

　 　

WordNet

1. mix or blend; "His book commingles sarcasm and sadness"

PrepTutorEJDIC

1. …'を'混ぜる / 混ざり合う

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出典(authority):フリー百科事典『ウィキペディア（Wikipedia）』「2017/02/17 02:16:26」(JST)

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For the usage in computer science, see Data commingling.

In law, commingling is a breach of trust in which a fiduciary mixes funds held in care for a client with their own funds, making it difficult to determine which funds belong to the fiduciary and which belong to the client. This raises particular concerns where the funds are invested, and gains or losses from the investments must be allocated. In such circumstances, the law usually presumes that any gains run to the client and any losses run to the fiduciary who is guilty of commingling. As one source puts it, "[i]n a pejorative sense, commingling is the special vice of fiduciaries (trustee, agents, lawyers, etc.) in failing to keep a beneficiary's money separate from the fiduciary's own money".

Commingling is particularly an issue in case of bankruptcy of the fiduciary. Funds held in care are not the fiduciary's property, and the client is not a creditor. So in case of bankruptcy, if the funds have been properly kept separate, they can easily be returned to the client. If, however, the funds have been commingled, the client is potentially subject to becoming entangled in the bankruptcy proceedings, and there may not be sufficient funds to pay the client back.

Examples

Tenant deposits

For example, a tenant who deposits money with a landlord has not lent money to the landlord – the tenant is not a creditor – and is entitled to their deposit back even in case that the landlord declares bankruptcy, assuming property is in good condition – the tenant is responsible for the property, but is not undertaking credit risk.

Investment funds

Similarly, a client who invests with a fund or broker is investing, not lending, so the fiduciary must keep the client money separate and not use it for their own purposes, but only for approved investment purposes: the client is subject to investment risk on their money, but not credit risk regarding the fiduciary.

Lawyers and brokers

The problem of commingling is of particular concern in the legal profession. Attorneys are strictly prohibited from commingling their clients' funds with their own, and such activity is grounds for disbarment in virtually every jurisdiction, because of the ease of embezzlement and the difficulty of detection. Similar rules apply for licensed real estate brokers handling earnest money and other professionals who hold deposits as agents for clients in absentia.

Corporations

Commingling is also evidence that may be used in "piercing the corporate veil" of a sham corporation, where a person shields himself from personal liability through "incorporation", yet fails to observe strict separation of corporate and personal property or accounts, among other improprieties.

For small business, strict separation of corporate and personal property is a particular issue, notably in tax and divorce law.

Community property

In community property states of the United States, "commingling" non-marital property with marital property can make it community property. For example, depositing money received by an individual through inheritance – ordinarily considered non-marital, individual property – into a joint bank account may transform the money into community property. Most community property states apply a presumption of community property; where there is any commingling the burden of proof is on the party disputing the classification to "trace" the property back to individual property, and demonstrate an intent to keep it separated.

See also

• Escrow

References

English Journal

• Impact of Skip-a-Day and Every-Day Feeding Programs for Broiler Breeder Pullets on the Recovery of Salmonella and Campylobacter following challenge.

• Wilson KM, Bourassa DV, McLendon BL, Wilson JL, Buhr RJ.
• Poultry science. 2018 Aug;97(8)2775-2784.
• The impact of restrictive feeding programs on Salmonella and Campylobacter colonization and persistence after challenge was investigated for broiler breeder pullets housed in an experimental rearing facility. Pullet-chicks were placed on litter in 3 feeding program rooms and each room contained 2 re
• PMID 29889277

• When psychology and politics commingle.

• , B B, J J, J J, .
• Journal of clinical psychology. 2018 05;74(5)730-733.
• Psychologists' work is always impacted by political events. Donald Trump's election raised many questions regarding my work with clients and students. How would they be impacted? What would they need? How would I respond? How transparent would I be? Students needed to process it. Most clients wanted
• PMID 29537096

• Molecular detection and characterization of transient bovine viral diarrhea virus (BVDV) infections in cattle commingled with ten BVDV persistently infected cattle.

• Peddireddi L, Foster KA, Poulsen EG, An B, Hoang QH, O'Connell C, Anderson JW, Thomson DU, Hanzlicek GA, Bai J, Hesse RA, Oberst RD, Anderson GA, Leyva-Baca I.
• Journal of veterinary diagnostic investigation : official publication of the American Association of Veterinary Laboratory Diagnosticians, Inc. 2018 May;30(3)413-422.
• Fifty-three cattle of unknown serologic status that were not persistently infected (PI) with bovine viral diarrhea virus (BVDV) were commingled with 10 cattle that were PI with different strains of BVDV, and were monitored for an extended commingle period using a reverse-transcription real-time PCR
• PMID 29322882

Japanese Journal

• CTFとmutual fundの共通点と規制の違いについて (早川勝教授古稀記念論集)

• 同志社法学 68(1), 505-541, 2016-04
• NAID 120006376099

• ホーソーンとHeartの図像学(関西英文学研究)

• 英文学研究　支部統合号 8(0), 175-182, 2016
• NAID 110010031512

• The Iliad of Homer, Book Four: The Dash and Commingle of Oath-Bars and Inspection of Agamemnon Adamant

• 慶応義塾大学日吉紀要 英語英米文学 (40), 71-103, 2002
• NAID 120000805615

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