FrankGoortani/open-us-law huggingface dataset:
N.C. Gen. Stat. § 47C-2-121 — NC Code / Chapter 47C / Section 47C-2-121
§ 47C-2-121. Merger or consolidation of condominiums
Status: in_force

(a) Any two or more condominiums may, by agreement of the unit owners as provided in subsection (b), be merged or consolidated into a single condominium. In the event of a merger or consolidation, unless the agreement otherwise provides, the resultant condominium shall be, for all purposes, the legal successor of all of the pre-existing condominiums, and the operations and activities of all associations of the pre-existing condominiums shall be merged or consolidated into a single association which shall hold all powers, rights, obligations, assets and liabilities of all pre-existing associations.

(b) An agreement of two or more condominiums to merge or consolidate pursuant to subsection (a) must be evidenced by an agreement prepared, executed, recorded and certified by the president of the association of each of the pre-existing condominiums following approval by owners of units to which are allocated the percentage of votes in each condominium required to terminate that condominium. Any such agreement must be executed in the same manner as a deed and recorded in every county in which a portion of the condominium is located and is not effective until recorded.

(c) Every merger or consolidation agreement must provide for the reallocation of the allocated interests in the new association among the units of the resultant condominium either (i) by stating such reallocations or the formulas upon which they are based or (ii) by stating the percentage of overall allocated interests of the new condominium which are allocated to all of the units comprising each of the pre-existing condominiums and providing that the portion of such percentages allocated to each unit formerly comprising a part of such pre-existing condominium shall be equal to the percentages of allocated interests allocated to such unit by the declaration of the pre-existing condominiums.
N.C. Gen. Stat. § 160D-1123 — NC Code / Chapter 160D / Section 160D-1123
§ 160D-1123. Appeal; finality of order if not appealed
Status: in_force

Any owner who has received an order under G.S. 160D-1122 may appeal from the order to the governing board by giving notice of appeal in writing to the inspector and to the local government clerk within 10 days following issuance of the order. In the absence of an appeal, the order of the inspector is final. The governing board shall hear an appeal in accordance with G.S. 160D-406 and render a decision within a reasonable time. The governing board may affirm, modify and affirm, or revoke the order.
N.C. Gen. Stat. § 136-89-181 — NC Code / Chapter 136 / Section 136-89-181
§ 136-89.181. Definitions
Status: in_force

The following definitions apply to this Article:

(1) Department.--The North Carolina Department of Transportation.

(2) Turnpike Authority.--The public agency created by this Article.

(3) Authority Board.--The governing board of the Turnpike Authority.

(4) Turnpike project.--Either of the following:

a. A road, bridge, or tunnel project planned, or planned and constructed, in accordance with the provisions of this Article.

b. A segment of the State highway system the Authority Board converts to a tolled highway pursuant to the authorization in G.S. 136-89.187 .

(5) Turnpike system.--All Turnpike projects.
N.C. Gen. Stat. § 143B-404 — NC Code / Chapter 143B / Section 143B-404
§ 143B-404. North Carolina State Commission of Indian Affairs--creation; name
Status: in_force

There is hereby created and established the North Carolina State Commission of Indian Affairs. The Commission shall be administered under the direction and supervision of the Department of Administration pursuant to G.S. 143A-6(b) and (c) .
N.C. Gen. Stat. § 1-76-1 — NC Code / Chapter 1 / Section 1-76-1
§ 1-76.1. Where deficiency debtor resides or where loan was negotiated
Status: in_force

Subject to the power of the court to change the place of trial as provided by law, actions to recover a deficiency, which remains owing on a debt after secured personal property has been sold to partially satisfy the debt, must be brought in the county in which the debtor or debtor's agent resides or in the county where the loan was negotiated.
N.C. Gen. Stat. § 7B-324 — NC Code / Chapter 7B / Section 7B-324
§ 7B-324. Persons ineligible to petition for judicial review
Status: reserved

(a) An individual who has been identified by a director as a responsible individual is not eligible for judicial review if any of the following apply:

(1) The individual is criminally convicted as a result of the same incident. The district attorney shall inform the director of the result of the criminal proceeding.

(2) Repealed by S.L. 2013-129, § 6, eff. Oct. 1, 2013 .

(3) Repealed by S.L. 2010-90, § 8, eff. July 11, 2010 .

(4) After proper notice, the individual fails to file a petition for judicial review with the district court in a timely manner.

(5) Repealed by S.L. 2010-90, § 8, eff. July 11, 2010 .

(a1) If the individual is criminally convicted as a result of the same incident after the petition for judicial review is filed, the court shall dismiss the petition for judicial review with prejudice.

(b) If an individual seeking judicial review is named as a respondent in a juvenile court case or a defendant in a criminal court case resulting from the same incident, the district court judge may stay the judicial review proceeding.
N.C. Gen. Stat. § 14-280-2 — NC Code / Chapter 14 / Section 14-280-2
§ 14-280.2. Use of a laser device towards an aircraft
Status: in_force

(a) Any person who, willfully points a laser device at an aircraft, while the device is emitting a laser beam, and while the aircraft is taking off, landing, in flight, or otherwise in motion, is guilty of a Class H felony.

(b) The following definitions apply to this section:

(1) “ Aircraft ” is as defined in G.S. 63-1 .

(2) “ Laser ” is as defined in G.S. 14-34.8 .

(c) This section shall not apply where the laser use had been approved by a State or federal agency.
N.C. Gen. Stat. § 28A-19-17 — NC Code / Chapter 28A / Section 28A-19-17
§ 28A-19-17. No lien by suit against representative
Status: in_force

No lien shall be created by the commencement of a suit against a personal representative or collector.
N.C. Gen. Stat. § 66-86 — NC Code / Chapter 66 / Section 66-86
§ 66-86. Penalty for selling product in violation of Article
Status: in_force

Any person, firm or corporation selling or offering to sell any product in violation of the terms of this Article shall be guilty of a Class 1 misdemeanor.
N.C. Gen. Stat. § 36C-8-808 — NC Code / Chapter 36C / Section 36C-8-808
§ 36C-8-808. Powers of a settlor to take certain actions with respect to the trust
Status: in_force

While a trust is revocable, the settlor of a revocable trust has, at all times, the power to direct or consent to the actions of the trustee whether or not the power is conferred upon the settlor by the terms of the trust. The duty and liability of the trustee subject to the direction and consent of the settlor is as follows:

(1) The trustee may follow a direction of the settlor that is not authorized by or is contrary to the terms of the trust, even if by doing so (i) the trustee exceeds the authority granted to the trustee under the terms of the trust, or (ii) the trustee would otherwise violate a duty the trustee owes under the trust.

(2) The trustee is not liable, individually or as a fiduciary, for any loss resulting directly or indirectly from compliance with the direction. If the settlor requires the settlor's consent to certain actions of the trustee, and the settlor does not provide consent within a reasonable time after the trustee has made a timely request for the settlor's consent, the trustee is not liable, individually or as a fiduciary, for any loss resulting directly or indirectly from the trustee's failure to take any action that required the settlor's consent.
N.C. Gen. Stat. § 106-549-33 — NC Code / Chapter 106 / Section 106-549-33
§ 106-549.33. Jurisdiction of superior court
Status: in_force

The superior court is vested with jurisdiction specifically to enforce, and to prevent and restrain violations of this and the previous Article, and shall have jurisdiction in all other kinds of cases arising under this and the previous Article, provided however, all prosecutions for criminal violations under this and the previous Article shall be in any court having jurisdiction over said violation.
N.C. Gen. Stat. § 55-1-28 — NC Code / Chapter 55 / Section 55-1-28
§ 55-1-28. Certificate of existence
Status: in_force

(a) Anyone may apply to the Secretary of State to furnish a certificate of existence for a domestic corporation or a certificate of authorization for a foreign corporation.

(b) A certificate of existence or authorization sets forth:

(1) The domestic corporation's corporate name or the foreign corporation's corporate name used in this State;

(2) That (i) the domestic corporation is duly incorporated under the law of this State, the date of its incorporation, and the period of its duration if less than perpetual; or (ii) that the foreign corporation is authorized to transact business in this State;

(3) That the articles of incorporation of a domestic corporation or the certificate of authority of a foreign corporation has not been suspended for failure to comply with the Revenue Act of this State and that the corporation has not been administratively dissolved for failure to comply with the provisions of this Chapter;

(4) That its most recent annual report required by G.S. 55-16-22 either has been delivered to the Secretary of State or is not delinquent;

(5) That articles of dissolution have not been filed; and

(6) Other facts of record in the office of the Secretary of State that may be requested by the applicant.

(c) Subject to any qualification stated in the certificate, a certificate of existence or authorization issued by the Secretary of State may be relied upon as conclusive evidence that the domestic or foreign corporation is in existence or is authorized to transact business in this State.
N.C. Gen. Stat. § 143C-6-6 — NC Code / Chapter 143C / Section 143C-6-6
§ 143C-6-6. Positions included in the State Payroll
Status: in_force

(a) Before a State agency establishes a new position or changes the funding of an existing position, the agency shall submit the proposed action to the Director for approval. The Director shall review the proposed action to ensure that funds for the action are included in the amount appropriated to the agency. If the Director approves the action, the Director shall notify the agency and the Controller of the approval. The Controller shall not honor a voucher in payment of a payroll that includes a new position or a change in an existing position that has not been approved by the Director.

(b) Payments on behalf of employees for hospital-medical insurance, longevity payments, salary increments, and legislative salary increases, required employer salary-related contributions for retirement benefits, death benefits, the Disability Income Plan and social security for employees shall be paid from the General Fund or the Highway Fund, only to the extent of the proportionate part paid from the General Fund or Highway Fund, in support of the salary of the employee, and the remainder of the employer's contribution requirements shall be paid from the same source that supplies the remainder of the employee's salary.

(c) Subsection (a) of this section does not apply to The University of North Carolina.
N.C. Gen. Stat. § 55-1-22 — NC Code / Chapter 55 / Section 55-1-22
§ 55-1-22. Filing, service, and copying fees
Status: reserved

(a) The Secretary of State shall collect the following fees when the documents described in this subsection are delivered to the Secretary for filing:

Document

Fee

(1)

Articles of incorporation

$125.00

(2)

Application for reserved name

30.00

(3)

Notice of transfer of reserved name

10.00

(4)

Application for registered name

10.00

(5)

Application for renewal of registered name

10.00

(6)

Corporation's statement of change of registered agent or registered office or both

5.00

(7)

Agent's statement of change of registered office for each affected corporation

5.00

(8)

Agent's statement of resignation

No fee

(9)

Designation of registered agent or registered office or both

5.00

(10)

Amendment of articles of incorporation

50.00

(11)

Restated articles of incorporation

10.00

with amendment of articles

50.00

(12)

Articles of merger or share exchange

50.00

(12a)

Articles of conversion (other than articles of conversion included as part of another document)

50.00

(13)

Articles of dissolution

30.00

(14)

Articles of revocation of dissolution

10.00

(15)

Certificate of administrative dissolution

No fee

(16)

Application for reinstatement following administrative dissolution

100.00

(17)

Certificate of reinstatement

No fee

(18)

Certificate of judicial dissolution

No fee

(19)

Application for certificate of authority

250.00

(20)

Application for amended certificate of authority

75.00

(21)

Application for certificate of withdrawal

25.00

(22)

Certificate of revocation of authority to transact business

No fee

(23)

Annual report (paper)

25.00

(23a)

Annual report (electronic)

18.00

(24)

Articles of correction

10.00

(25)

Application for certificate of existence or authorization (paper)

15.00

(25a)

Application for certificate of existence or authorization (electronic)

10.00

(26)

Any other document required or permitted to be filed by this Chapter

10.00

(27)

Repealed by Session Laws 2001-358, s. 6(b), effective January 1, 2002.

(28)

Articles of validation

150.00

(b) The Secretary of State shall collect a fee of ten dollars ($10.00) each time process is served on the Secretary under this Chapter. The party to a proceeding causing service of process is entitled to recover this fee as costs if the party prevails in the proceeding.

(c) The Secretary of State shall collect the following fees for copying, comparing, and certifying a copy of any filed document relating to a domestic or foreign corporation:

(1) One dollar ($1.00) a page for copying or comparing a copy to the original.

(2) Fifteen dollars ($15.00) for a paper certificate.

(3) Ten dollars ($10.00) for an electronic certificate.

(d) The fee for the annual report in subdivision (23) of this section is nonrefundable.
N.C. Gen. Stat. § 115C-325-10 — NC Code / Chapter 115C / Section 115C-325-10
§ 115C-325.10. Application to certain institutions
Status: in_force

Notwithstanding any law or regulation to the contrary, this Part shall apply to all persons employed in teaching and related educational classes in the schools and institutions of the Departments of Health and Human Services and Public Instruction and the Division of Juvenile Justice of the Department of Public Safety, regardless of the age of the students.
N.C. Gen. Stat. § 14-7-39 — NC Code / Chapter 14 / Section 14-7-39
§ 14-7.39. Evidence of prior convictions of firearm-related felonies
Status: in_force

In all cases in which a person is charged under the provisions of this Article with being a status offender, the record of prior conviction of the firearm-related felony shall be admissible in evidence, but only for the purpose of proving that the person has been convicted of a former firearm-related felony. A prior conviction may be proved by stipulation of the parties or by the original or a certified copy of the court record of the prior conviction. The original or certified copy of the court record, bearing the same name as that by which the defendant is charged, shall be prima facie evidence that the defendant named therein is the same as the defendant before the court and shall be prima facie evidence of the facts set out therein.
N.C. Gen. Stat. § 95-241 — NC Code / Chapter 95 / Section 95-241
§ 95-241. Discrimination prohibited
Status: in_force

(a) No person shall discriminate or take any retaliatory action against an employee because the employee in good faith does or threatens to do any of the following:

(1) File a claim or complaint, initiate any inquiry, investigation, inspection, proceeding or other action, or testify or provide information to any person with respect to any of the following:

a. Chapter 97 of the General Statutes .

b. Article 2A or Article 16 of this Chapter.

c. Article 2A of Chapter 74 of the General Statutes .

d. G.S. 95-28.1 .

e. Article 16 of Chapter 127A of the General Statutes.

f. G.S. 95-28.1A .

g. Article 52 of Chapter 143 of the General Statutes .

h. Article 5F of Chapter 90 of the General Statutes .

(2) Cause any of the activities listed in subdivision (1) of this subsection to be initiated on an employee's behalf.

(3) Exercise any right on behalf of the employee or any other employee afforded by Article 2A or Article 16 of this Chapter, by Article 2A of Chapter 74 of the General Statutes , or by Article 52 of Chapter 143 of the General Statutes .

(4) Comply with the provisions of Article 27 of Chapter 7B of the General Statutes.

(5) Exercise rights under Chapter 50B. Actions brought under this subdivision shall be in accordance with the provisions of G.S. 50B-5.5 .

(b) It shall not be a violation of this Article for a person to discharge or take any other unfavorable action with respect to an employee who has engaged in protected activity as set forth under this Article if the person proves by the greater weight of the evidence that it would have taken the same unfavorable action in the absence of the protected activity of the employee.
N.C. Gen. Stat. § 55-17-04 — NC Code / Chapter 55 / Section 55-17-04
§ 55-17-04. Severability
Status: in_force

If any provision of this Chapter or its application to any person or circumstance is held invalid by a court of competent jurisdiction, the invalidity does not affect other provisions or applications of the Chapter that can be given effect without the invalid provision or application, and to this end the provisions of the Chapter are severable.
N.C. Gen. Stat. § 116-221 — NC Code / Chapter 116 / Section 116-221
§ 116-221. Sovereign immunity
Status: in_force

Nothing in this Article shall be deemed to waive the sovereign immunity of the State.
N.C. Gen. Stat. § 58-11-5 — NC Code / Chapter 58 / Section 58-11-5
§ 58-11-5. Contracts must accord with charter and bylaws
Status: in_force

Every policy or certificate or renewal receipt issued to a resident of this State by any corporation, association, or order transacting therein the business of insurance upon the assessment plan must be in accord with the provisions of the charter and bylaws of such corporation, association, or order, as filed with the Commissioner. It is unlawful for any such domestic or foreign insurance company or fraternal order to transact or offer to transact any business not authorized by the provisions of its charter and terms of its bylaws, or, through an agent or otherwise, to offer or issue any policy, renewal certificate, or other contract whose terms are not in clear accord with the powers, terms, and stipulations of its charter and bylaws.
N.C. Gen. Stat. § 36D-3 — NC Code / Chapter 36D / Section 36D-3
§ 36D-3. Scope
Status: in_force

This Chapter applies to every Community Third Party Trust or Medicaid Pooled Trust established in this State. In addition to meeting the other requirements of this Chapter, every board that administers a Community Third Party Trust or Medicaid Pooled Trust shall incorporate as a nonprofit corporation under Chapter 55A of the General Statutes. Except as otherwise provided in this Chapter, Chapter 55A of the General Statutes applies to all trusts governed by this Chapter. Article 9 of Chapter 36C of the General Statutes, the Uniform Trust Code, applies to 36D Trusts in the same manner that it applies to trusts under the Uniform Trust Code, with the exception of the following: the trustee of a pooled trust is liable to the Department to the extent the trustee administers the trust in a way that is not for the sole benefit of the beneficiary, regardless of the terms of the trust. The terms of the trust shall not contradict the meaning of “sole benefit” as defined in G.S. 36D-2(7) .
N.C. Gen. Stat. § 7A-276-1 — NC Code / Chapter 7A / Section 7A-276-1
§ 7A-276.1. Court orders prohibiting publication or broadcast of reports of open court proceedings or reports of public records banned
Status: in_force

No court shall make or issue any rule or order banning, prohibiting, or restricting the publication or broadcast of any report concerning any of the following: any evidence, testimony, argument, ruling, verdict, decision, judgment, or other matter occurring in open court in any hearing, trial, or other proceeding, civil or criminal; and no court shall issue any rule or order sealing, prohibiting, restricting the publication or broadcast of the contents of any public record as defined by any statute of this State, which is required to be open to public inspection under any valid statute, regulation, or rule of common law. If any rule or order is made or issued by any court in violation of the provisions of this statute, it shall be null and void and of no effect, and no person shall be punished for contempt for the violation of any such void rule or order.
N.C. Gen. Stat. § 113A-58 — NC Code / Chapter 113A / Section 113A-58
§ 113A-58. Enforcement authority of the Commission
Status: in_force

In implementing the provisions of this Article the Commission is authorized and directed to:

(1) Inspect or cause to be inspected the sites of land-disturbing activities to determine whether applicable laws, regulations or erosion and sedimentation control plans are being complied with;

(2) Make requests, or delegate to the Secretary authority to make requests, of the Attorney General or solicitors for prosecutions of violations of this Article.
N.C. Gen. Stat. § 47-17-2 — NC Code / Chapter 47 / Section 47-17-2
§ 47-17.2. Assignments of mortgages, deeds of trust, or other agreements pledging real property as security
Status: in_force

It shall not be necessary in order to effect a valid assignment of a note and deed of trust, mortgage, or other agreement pledging real property or an interest in real property as security for an obligation, to record a written assignment in the office of the register of deeds in the county in which the real property is located. A transfer of the promissory note or other instrument secured by the deed of trust, mortgage, or other security interest that constitutes an effective assignment under the law of this State shall be an effective assignment of the deed of trust, mortgage, or other security instrument. The assignee of the note shall have the right to enforce all obligations contained in the promissory note or other agreement, and all the rights of the assignor in the deed of trust, mortgage, or other security instrument, including the right to substitute the trustee named in any deed of trust, and to exercise any power of sale contained in the instrument without restriction. The provisions of this section do not preclude the recordation of a written assignment of a deed of trust, mortgage, or other security instrument, with or without the promissory note or other instrument that it secures, provided that the assignment complies with applicable law.