§702-229  Definitions relating to
corporations and unincorporated associations.  As used in sections 702-227
and 702-228:



(1)  "Corporation" does not include an
entity organized as or by a governmental agency for the execution of a
governmental program.



(2)  "Agent" means any director, officer,
servant, employee or other person authorized to act in behalf of the
corporation or association and, in the case of an unincorporated association, a
member of such association.



(3)  "High managerial agent" means an officer
of a corporation or an unincorporated association, or, in the case of a
partnership, a partner, or any other agent of a corporation or unincorporated
association having duties of such responsibility that his conduct may fairly be
assumed to represent the policy of the corporation or the unincorporated
association. [L 1972, c 9, pt of §1]



 



COMMENTARY ON §702-229



 



  It seems clear that, in dealing with corporate penal
liability, government corporations must be exempt.  Penal liability in such a
case is pointless.



  The phrases "agent" and "high managerial
agent" are broadly and inclusively defined.  Given the wide variety of
employment and other agency relationships, the definitions must present
criteria which are very general.  Further refinement or elaboration should be
left to a case-by-case determination.