FrankGoortani/open-us-law huggingface dataset:
N.C. Gen. Stat. § 46A-84-5 — NC Code / Chapter 46A / Section 46A-84-5
§ 46A-84.5. Petition for revocation based on default bid
Status: in_force

If a purchaser in a partition sale defaults on the purchaser's bid, any party to the partition proceeding or the officer or person designated to make the sale may at any time petition the court to revoke its order confirming the partition sale. The petitioner for revocation shall serve all parties required to be served under G.S. 1A-1, Rule 5 , and, if the purchaser is not a party, serve the purchaser under G.S. 1A-1, Rule 4(j) . If the court finds that the purchaser defaulted on the purchaser's bid and is unable to cure the default, the court shall revoke its order of confirmation and order a resale.
N.C. Gen. Stat. § 1-440-19 — NC Code / Chapter 1 / Section 1-440-19
§ 1-440.19. Levy on stock in corporation
Status: in_force

(a) The sheriff may levy, as on tangible property, on a share of stock in a corporation by seizing the certificate of stock

(1) When the certificate is in the possession of the defendant, and

(2) When, by the law of the state in which the corporation is incorporated, the property interest of the stockholder is embodied in the certificate of stock, as is provided by the Uniform Stock Transfer Act or similar legislation.

(b) The sheriff may levy on a share of stock in a corporation by delivery of copies of the garnishment process to the proper officer or agent of such corporation, as set out in G.S. 1-440.26 ,

(1) When, by the law of the state in which the corporation is incorporated, the property interest of the stockholder is not embodied in the certificate of stock, or

(2) When, by the law of the state in which the corporation is incorporated, the property interest of the stockholder is embodied in the certificate of the stock, as is provided by the Uniform Stock Transfer Act or similar legislation, and

a. Such certificate has been surrendered to the corporation which issued it, or

b. The transfer of such certificate by the holder thereof has been restrained or enjoined.

(c) A restraining order or injunction against the transfer of a certificate of stock, when proper in an attachment proceeding, may be granted by the clerk or judge pursuant to a motion in the cause to which the attachment is ancillary.
N.C. Gen. Stat. § 106-263 — NC Code / Chapter 106 / Section 106-263
§ 106-263. Distribution of milk in classification higher than that in which purchased
Status: in_force

It shall be unlawful for any operator of a milk processing plant or any milk distributor, required to make reports under this Article, or their affiliates or subsidiaries, to sell, use, transfer, or distribute any milk in a classification higher than the classification in which it was purchased, except in an emergency declared and approved in writing by the local board of health having supervision of operators and distributors on such market for a period of two weeks, and such period may be extended if, in the opinion of the local board of health, an emergency still exists at the end of such two weeks' period.
N.C. Gen. Stat. § 42-10 — NC Code / Chapter 42 / Section 42-10
§ 42-10. Tenant not liable for accidental damage
Status: in_force

A tenant for life, or years, or for a less term, shall not be liable for damage occurring on the demised premises accidentally, and notwithstanding reasonable diligence on his part, unless he so contract.
N.C. Gen. Stat. § 42-1 — NC Code / Chapter 42 / Section 42-1
§ 42-1. Lessor and lessee not partners
Status: in_force

No lessor of property, merely by reason that he is to receive as rent or compensation for its use a share of the proceeds or net profits of the business in which it is employed, or any other uncertain consideration, shall be held a partner of the lessee.
N.C. Gen. Stat. § 106-932 — NC Code / Chapter 106 / Section 106-932
§ 106-932. Assent of legislature to mutual aid provisions of other compacts
Status: in_force

The legislature of this State hereby gives its assent to the mutual aid provisions of Articles IV and V of the South Central Interstate Forest Fire Protection Compact, the Middle Atlantic Interstate Fire Protection Compact, and the Great Plains Wildland Fire Protection Compact, in accordance with Article VIII of those Compacts relating to interregional mutual aid.
N.C. Gen. Stat. § 58-67-140 — NC Code / Chapter 58 / Section 58-67-140
§ 58-67-140. Suspension or revocation of license
Status: reserved

(a) The Commissioner may suspend or revoke an HMO license if the Commissioner finds that the HMO:

(1) Is operating significantly in contravention of its basic organizational document, or in a manner contrary to that described in and reasonably inferred from any other information submitted under G.S. 58-67-10 , unless amendments to such submissions have been filed with and approved by the Commissioner.

(2) Issues evidences of coverage or uses a schedule of premiums for health care services that do not comply with G.S. 58-67-50 .

(3) Is no longer financially responsible and may reasonably be expected to be unable to meet its obligations to enrollees or prospective enrollees.

(4) Has itself or through any person on its behalf advertised or merchandised its services in an untrue, misrepresentative, misleading, deceptive or unfair manner.

(5) Is operating in a manner that would be hazardous to its enrollees.

(6) Knowingly or repeatedly fails or refuses to comply with any law or rule applicable to the HMO or with any order issued by the Commissioner after notice and opportunity for a hearing.

(7) Repealed by S.L. 2015-92, § 7, eff. June 19, 2015 .

(b) A license shall be suspended or revoked only after compliance with G.S. 58-67-155 .

(c) When an HMO license is suspended, the HMO shall not, during the suspension, enroll any additional enrollees except newborn children or other newly acquired dependents of existing enrollees, and shall not engage in any advertising or solicitation.

(d) When an HMO license is revoked, the HMO shall proceed, immediately following the effective date of the order of revocation, to wind up its affairs, and shall conduct no further business except as may be essential to the orderly conclusion of the affairs of the HMO. The HMO shall engage in no advertising or solicitation. The Commissioner may, by written order, permit such further operation of the HMO as the Commissioner may find to be in the best interest of enrollees, to the end that enrollees will be afforded the greatest practical opportunity to obtain continuing health care coverage.
N.C. Gen. Stat. § 58-7-10 — NC Code / Chapter 58 / Section 58-7-10
§ 58-7-10. Certificate required before issuing policies
Status: in_force

No domestic insurance company may issue policies until upon examination of the Commissioner, his deputy or examiner, it is found to have complied with the laws of the State, and until it has obtained from the Commissioner a certificate setting forth that fact and authorizing it to issue policies. The issuing of policies in violation of this section renders the company liable to the forfeiture prescribed by law, but such policies are binding upon the company.
N.C. Gen. Stat. § 54-109-14 — NC Code / Chapter 54 / Section 54-109-14
§ 54-109.14. Fees
Status: in_force

(a) Each credit union subject to supervision and examination by the Administrator of Credit Unions, including credit unions in process of voluntary liquidation, shall pay into the office of the Administrator of Credit Unions twice each year, in the months of January and July, supervision fees, except those credit unions which liquidate or convert its charter shall pay into the office of the Administrator of Credit Unions, to the date of dissolution, pro rata supervision fees. Examination fees shall be paid promptly upon receipt of the examination report and invoice.

The Administrator of Credit Unions, subject to the advice and consent of the Credit Union Commission, shall, on or before December 1 of each year, determine and fix the scale of supervisory and examination fees to be assessed during the next calendar year.

No credit union shall be required to pay any supervisory fee until the expiration of 12 months from the date of the issuance of a certificate of incorporation to such credit union.

(b) Moneys collected under this section shall be deposited with the State Treasurer of North Carolina and expended, under the terms of the Executive Budget Act, to defray expenses incurred by the office of the Administrator of Credit Unions in carrying out its supervisory and auditing functions.

(c) All revenue derived from fees will be placed into a special account to be administered solely for the operation of the Credit Union Division.
N.C. Gen. Stat. § 20-117-1 — NC Code / Chapter 20 / Section 20-117-1
§ 20-117.1. Requirements for mirrors and fuel container
Status: in_force

(a) Rear-Vision Mirrors.--Every bus, truck, and truck tractor with a GVWR of 10,001 pounds or more shall be equipped with two rear-vision mirrors, one at each side, firmly attached to the outside of the motor vehicle, and located as to reflect to the driver a view of the highway to the rear and along both sides of the vehicle. Only one outside mirror shall be required, on the driver's side, on trucks which are so constructed that the driver also has a view to the rear by means of an interior mirror. In driveaway-towaway operations, a driven vehicle shall have at least one mirror furnishing a clear view to the rear, and if the interior mirror does not provide the clear view, an additional mirror shall be attached to the left side of the driven vehicle to provide the clear view to the rear.

(b) Fuel Container Not to Project.--No part of any fuel tank or container or intake pipe shall project beyond the sides of the motor vehicle.
N.C. Gen. Stat. § 164-1 — NC Code / Chapter 164 / Section 164-1
§ 164-1. Title of revision
Status: in_force

This revision shall be known as the “General Statutes of North Carolina” and may be cited in either of the following ways: “General Statutes of North Carolina”; or “General Statutes”; or “G.S.”; or “N.C. Gen. Stat.”; or “N.C.G.S.”
N.C. Gen. Stat. § 58-15-40 — NC Code / Chapter 58 / Section 58-15-40
§ 58-15-40. Certification of foreign and alien reciprocals
Status: in_force

No foreign reciprocal shall be licensed in this State until it files with the Commissioner a certificate of the insurance regulator of the state in which it is organized. The certificate shall show that the foreign reciprocal is licensed to write and is writing actively in that state the kind of insurance it proposes to write in this State. No alien reciprocal shall be licensed in this State until it files with the Commissioner a certificate of the insurance regulator of (i) the state through which it entered the United States or (ii) the alien reciprocal's domiciliary country. The certificate shall show that the alien reciprocal is licensed to write and is writing actively in that state or country the kind of insurance it proposes to write in this State. Foreign and alien reciprocals must also satisfy the appropriate provisions of Article 16 of this Chapter pertaining to admission requirements.
N.C. Gen. Stat. § 15A-1453 — NC Code / Chapter 15A / Section 15A-1453
§ 15A-1453. Ancillary actions during appeal
Status: in_force

(a) While an appeal is pending in the appellate division, the court in which the defendant was convicted has continuing authority to act with regard to the defendant's release pursuant to Article 26, Bail.

(b) The appropriate court of the appellate division may direct that additional steps be taken in the trial court while the appeal is pending, including but not limited to:

(1) Appointment of counsel.

(2) Hearings with regard to matters relating to the appeal.

(3) Taking evidence or conducting other proceedings relating to motions for appropriate relief made in the appellate division, as provided in G.S. 15A-1418 .
N.C. Gen. Stat. § 105-160 — NC Code / Chapter 105 / Section 105-160
§ 105-160. Short title
Status: in_force

This Part shall be known as the Income Tax Act for Estates, Trusts, and Beneficiaries.
N.C. Gen. Stat. § 53-345 — NC Code / Chapter 53 / Section 53-345
§ 53-345. Engaging in commerce prohibited
Status: in_force

Except as otherwise provided by this Part, or by rules, orders, or declaratory rulings of the Commissioner, a State trust company shall not engage in trade or commerce by buying, selling, or otherwise dealing in goods, or by conducting business other than trust business and trust marketing, except as necessary to fulfill a fiduciary obligation to a client.
N.C. Gen. Stat. § 55-1-61 — NC Code / Chapter 55 / Section 55-1-61
§ 55-1-61. Defective corporate actions
Status: in_force

(a) A defective corporate action is not void or voidable if ratified in accordance with G.S. 55-1-62 or validated in accordance with G.S. 55-1-67 .

(b) Ratification under G.S. 55-1-62 or validation under G.S. 55-1-67 is not the exclusive means of ratifying or validating any defective corporate action, and the absence or failure of ratification in accordance with this Part does not, of itself, affect the validity or effectiveness of any corporate action properly ratified under common law or otherwise, nor does it create a presumption that the corporate action is or was a defective corporate action or void or voidable.

(c) In the case of an over issue, putative shares shall be valid shares effective as of the date originally issued or purportedly issued upon either of the following:

(1) The effectiveness under this Part and under Article 10 of this Chapter of an amendment to the articles of incorporation authorizing, designating, or creating the shares.

(2) The effectiveness of any other corporate action under this Part ratifying the authorization, designation, or creation of the shares.
N.C. Gen. Stat. § 58-73-30 — NC Code / Chapter 58 / Section 58-73-30
§ 58-73-30. On presentation of proper bond officer to be inducted
Status: in_force

Upon presentation to the person authorized by law to take, accept and file official bonds, of any bond duly executed in the penal sum required by law by the officer chosen to any such office, as principal, and by any surety company, as security thereto, whose insurance or guaranty is accepted as security upon the bonds of United States bonded officials (such insurance company having complied with the insurance laws of the State of North Carolina), or by any other good and sufficient security thereto, such bond shall be received and accepted as sufficient, and the principal thereon shall be inducted into office.
N.C. Gen. Stat. § 143B-135-232 — NC Code / Chapter 143B / Section 143B-135-232
§ 143B-135.232. Definitions
Status: reserved

The following definitions apply in this Part:

(1) Repealed by S.L. 2019-32, § 1(a), eff. July 1, 2019 .

(2) Fund.--The Clean Water Management Trust Fund created pursuant to this Part.

(3) Land.--Real property and any interest in, easement in, or restriction on real property.

(4) Local government unit.--Defined in G.S. 159G-20 .

(5) Trustees.--The trustees of the Clean Water Management Trust Fund.
N.C. Gen. Stat. § 43-38 — NC Code / Chapter 43 / Section 43-38
§ 43-38. Transfers probated; partitions; contracts
Status: in_force

All transfers of registered land shall be duly executed and probated as required by law upon like conveyances of other lands, and in all cases of change in boundary by partition, subtraction or addition of land there shall be an accurate survey and permanent marking of boundaries and accurate plots, showing the courses, distances and markings of every portion thereof, which shall be duly proved and registered as upon the initial registration. Such transfers shall be presented to the register of deeds for entry upon the consolidated real property records and upon the owner's certificate within 30 days from the date thereof, or become subject to any rights which may accrue to any other person by a prior registration. All leases or contracts affecting land for a period exceeding three years shall be in writing, duly proved before the clerk of the superior court, recorded in the register's office, and noted upon the registry and upon the owner's certificate.
N.C. Gen. Stat. § 18B-906 — NC Code / Chapter 18B / Section 18B-906
§ 18B-906. Applicability of Administrative Procedure Act
Status: in_force

(a) Act Applies.--An ABC permit is a “ license ” within the meaning of G.S. 150B-2 , and, except for revocation pursuant to G.S. 18B-904(e)(3) or for a confirmation pursuant to G.S. 18B-900(a)(8) , a Commission action on issuance, suspension, or revocation of an ABC permit, other than a temporary permit issued under G.S. 18B-905 , is a “contested case” subject to the provisions of Chapter 150B except as provided in this section.

(b) Exception on Hearing Location.--Hearings on ABC permits shall be held in Ahoskie, Asheville, Bryson City, Charlotte, Elizabeth City, Fayetteville, Franklin, Goldsboro, Greensboro, Greenville, Hickory, Jacksonville, Kinston, New Bern, Raleigh, Statesville, Wilmington, and Winston-Salem. Hearings shall be held within 100 miles, as best can be determined by the Commission, of the county seat of the county in which the licensed business or proposed business is located. The hearing may be held, however, at any place upon agreement of the Commission and all other parties.

(c) Exception on New Evidence.--In making a final decision in a contested case in which an issue is whether to deny an application for an ABC permit because either the applicant or the location for the proposed ABC permit is unsuitable, the Commission may hear evidence of acts that occurred after the date the contested case hearing was held if the evidence is admissible under G.S. 150B-29(a) . New evidence heard under this subsection is not grounds for reversal or remand under G.S. 150B-51(a) .
N.C. Gen. Stat. § 54-109-17 — NC Code / Chapter 54 / Section 54-109-17
§ 54-109.17. Records
Status: in_force

(a) A credit union shall maintain all books, records, accounting systems and procedures in accordance with such rules as the Administrator from time to time prescribes. In prescribing such rules, the Administrator shall consider the relative size of a credit union and its reasonable capability of compliance.

(b) A credit union is not liable for destroying records after the expiration of the record retention time prescribed by the Administrator.

(c) A photostatic or photographic reproduction of any credit union records shall be admissible as evidence of transactions with the credit union.
N.C. Gen. Stat. § 160D-111 — NC Code / Chapter 160D / Section 160D-111
§ 160D-111. Effect on prior laws
Status: reserved

(a) The enactment of this Chapter does not require the readoption of any local government ordinance enacted pursuant to laws that were in effect before June 19, 2020 and are restated or revised herein. The provisions of this Chapter do not affect any act heretofore done, any liability incurred, any right accrued or vested, or any suit or prosecution begun or cause of action accrued as of June 19, 2020. The enactment of this Chapter does not amend the geographic area within which local government development regulations adopted prior to June 19, 2020, are effective.

(b) G.S. 153A-3 and G.S. 160A-3 are applicable to this Chapter. Nothing in this Chapter repeals or amends a charter or local act in effect as of June 19, 2020 unless this Chapter or a subsequent enactment of the General Assembly clearly shows a legislative intent to repeal or supersede that charter or local act.

(c) Whenever a reference is made in another section of the General Statutes or any local act, or any local government ordinance, resolution, or order, to a portion of Article 19 of Chapter 160A of the General Statutes or Article 18 of Chapter 153A of the General Statutes that is repealed or superseded by this Chapter, the reference is deemed amended to refer to that portion of this Chapter that most nearly corresponds to the repealed or superseded portion of Article 19 of Chapter 160A or Article 18 of Chapter 153A of the General Statutes.
N.C. Gen. Stat. § 50A-203 — NC Code / Chapter 50A / Section 50A-203
§ 50A-203. Jurisdiction to modify determination
Status: in_force

Except as otherwise provided in G.S. 50A-204 , a court of this State may not modify a child-custody determination made by a court of another state unless a court of this State has jurisdiction to make an initial determination under G.S. 50A-201(a)(1) or G.S. 50A-201(a)(2) and:

(1) The court of the other state determines it no longer has exclusive, continuing jurisdiction under G.S. 50A-202 or that a court of this State would be a more convenient forum under G.S. 50A-207 ; or

(2) A court of this State or a court of the other state determines that the child, the child's parents, and any person acting as a parent do not presently reside in the other state.
N.C. Gen. Stat. § 131E-108 — NC Code / Chapter 131E / Section 131E-108
§ 131E-108. Peer review
Status: in_force

It is not a violation of G.S. 131E-117(5) for medical records to be disclosed to a private peer review committee if:

(1) The peer review committee has been approved by the Department;

(2) The purposes of the peer review committee are to:

a. Survey facilities to verify a high level of quality care through evaluation and peer assistance;

b. Resolve written complaints in a responsible and professional manner; and

c. Develop a basic core of knowledge and standards useful in establishing a means of measuring quality of care; and

(3) The peer review committee keeps such records confidential.
N.C. Gen. Stat. § 95-84 — NC Code / Chapter 95 / Section 95-84
§ 95-84. Application of Article
Status: in_force

The provisions of this Article shall not apply to any lawful contract in force on the effective date hereof but they shall apply in all respects to contracts entered into thereafter and to any renewal or extension of any existing contract.
N.C. Gen. Stat. § 105-187-33 — NC Code / Chapter 105 / Section 105-187-33
§ 105-187.33. Exemptions and refunds
Status: in_force

Except for the exemption for sales a state cannot constitutionally tax, the exemptions and refunds allowed in Article 5 of this Chapter do not apply to the taxes imposed by this Article.
N.C. Gen. Stat. § 164-44 — NC Code / Chapter 164 / Section 164-44
§ 164-44. Statistical information; financial or other aid
Status: in_force

(a) The Commission shall have the secondary duty of collecting, developing, and maintaining statistical data relating to sentencing, corrections, and juvenile justice so that the primary duties of the Commission will be formulated using data that is valid, accurate, and relevant to this State. All State agencies shall provide data as it is requested by the Commission. For the purposes of G.S. 143B-930 , the Commission shall be considered to be engaged in the administration of criminal justice. All meetings of the Commission shall be open to the public and the information presented to the Commission shall be available to any State agency or member of the General Assembly.

(b) The Commission shall have the authority to apply for, accept, and use any gifts, grants, or financial or other aid, in any form, from the federal government or any agency or instrumentality thereof, or from the State or from any other source including private associations, foundations, or corporations to accomplish any of the duties set out in this Chapter.