29 CFR 406.1 - Definitions.

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§ 406.1 Definitions.

As used in this part, the term:

(a)Corresponding principal officers means any person or persons performing or authorized to perform, principal executive functions corresponding to those of president and treasurer of any entity engaged in whole or in part in the performance of the activities described in section 203(b) of the Labor-Management Reporting and Disclosure Act of 1959.

(b)Fiscal year means the calendar year or other period of 12 consecutive calendar months, on the basis of which financial accounts are kept by a person. Where a person designates a new fiscal year prior to the expiration of a previously established fiscal year period, the resultant period of less than 12 consecutive calendar months, and thereafter the newly established fiscal year, shall in that order constitute the fiscal years.

(c)Undertake means not only the performing of activities, but also the agreeing to perform them or to have them performed.

(d)A direct or indirect party to an agreement or arrangement includes persons who have secured the services of another or of others in connection with an agreement or arrangement of the type referred to in § 406.2 as well as persons who have undertaken activities at the behest of another or of others with knowledge or reason to believe that they are undertaken as a result of an agreement or arrangement between an employer and any other person, except bona fide regular officers, supervisors or employees of their employer to the extent to which they undertook to perform services as such bona fide regular officers, supervisors or employees of their employer.

[ 28 FR 14385, Dec. 27, 1963, as amended at 42 FR 59070, Nov. 15, 1977; 63 FR 33779, June 19, 1998]

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code

Title 29 published on 03-May-2017 04:00

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 29 CFR Part 406 after this date.

  • 2016-04-07; vol. 81 # 67 - Thursday, April 7, 2016
    1. 81 FR 20245 - Interpretation of the “Advice” Exemption in Section 203(c) of the Labor-Management Reporting and Disclosure Act
      GPO FDSys XML | Text
      DEPARTMENT OF LABOR, Office of Labor-Management Standards
      Final rule; OMB approval of information collection requirements.
      On March 25, 2016, the Office of Management and Budget (OMB) approved under the Paperwork Reduction Act the Department of Labor's information collection request for requirements in 29 CFR parts 402-406 and 408-409, including the employer and labor relations consultant reporting requirements in Parts 405 and 406, as published in the Federal Register on March 24, 2016. See 81 FR 15924. The current expiration date for OMB authorization for this information collection is March 31, 2019.
      29 CFR Parts 405 and 406