reglab/housing_qa huggingface dataset:
NC Gen Stat § 32-3 (2021)
2021 North Carolina General Statutes|Chapter 32 - Fiduciaries|Article 1 - Uniform Fiduciaries Act.|§ 32-3 - Application of payments made to fiduciaries.

 32-3. Application of payments made to fiduciaries.A person who in good faith pays or transfers to a fiduciary any money or other property, which the fiduciary as such is authorized to receive, is not responsible for the proper application thereof by the fiduciary; and any right or title acquired from the fiduciary in consideration of such payment or transfer is not invalid in consequence of a misapplication by the fiduciary. (1923, c. 85, s. 2; C.S., s. 1864(f).)
NC Gen Stat § 32-5 (2021)
2021 North Carolina General Statutes|Chapter 32 - Fiduciaries|Article 1 - Uniform Fiduciaries Act.|§ 32-5 - Transfer of negotiable instrument by fiduciary.

 32-5. Transfer of negotiable instrument by fiduciary.If any negotiable instrument payable or indorsed to a fiduciary as such is indorsed by a fiduciary, or if any negotiable instrument payable or indorsed to his principal is indorsed by a fiduciary empowered to indorse such instrument on behalf of his principal, the indorsee is not bound to inquire whether the fiduciary is committing a breach of his obligation as fiduciary in indorsing or delivering the instrument, and is not chargeable with notice that the fiduciary is committing a breach of his obligation as fiduciary unless he takes the instrument with actual knowledge of such breach or with knowledge of such facts that his action in taking the instrument amounts to bad faith. If, however, such instrument is transferred by the fiduciary in payment of or as security for a personal debt of the fiduciary to the actual knowledge of the creditor, or is transferred in any transaction known by the transferee to be for the personal benefit of the fiduciary, the creditor or other transferee is liable to the principal if the fiduciary in fact commits a breach of his obligation as fiduciary in transferring the instrument. (1923, c. 85, s. 4; C.S., s. 1864(h).)
NC Gen Stat § 32-6 (2021)
2021 North Carolina General Statutes|Chapter 32 - Fiduciaries|Article 1 - Uniform Fiduciaries Act.|§ 32-6 - Check drawn by fiduciary payable to third person.

 32-6. Check drawn by fiduciary payable to third person.If a check or other bill of exchange is drawn by a fiduciary as such, or in the name of his principal by a fiduciary empowered to draw such instrument in the name of his principal, the payee is not bound to inquire whether the fiduciary is committing a breach of his obligation as fiduciary in drawing or delivering the instrument, and is not chargeable with notice that the fiduciary is committing a breach of his obligation as fiduciary unless he takes the instrument with actual knowledge of such breach or with knowledge of such facts that his action in taking the instrument amounts to bad faith. If, however, such instrument is payable to a personal creditor of the fiduciary and delivered to the creditor in payment of or as security for a personal debt of the fiduciary to the actual knowledge of the creditor, or is drawn and delivered in any transaction known by the payee to be for the personal benefit of the fiduciary, the creditor or other payee is liable to the principal if the fiduciary in fact commits a breach of his obligation as fiduciary in drawing or delivering the instrument. (1923, c. 85, s. 5; C.S., s. 1864(i).)
NC Gen Stat § 32-7 (2021)
2021 North Carolina General Statutes|Chapter 32 - Fiduciaries|Article 1 - Uniform Fiduciaries Act.|§ 32-7 - Check drawn by and payable to fiduciary.

 32-7. Check drawn by and payable to fiduciary.If a check or other bill of exchange is drawn by a fiduciary as such or in the name of his principal by a fiduciary empowered to draw such instrument in the name of his principal, payable to the fiduciary personally, or payable to a third person and by him transferred to the fiduciary, and is thereafter transferred by the fiduciary, whether in payment of a personal debt of the fiduciary or otherwise, the transferee is not bound to inquire whether the fiduciary is committing a breach of his obligation as fiduciary in transferring the instrument, and is not chargeable with notice that the fiduciary is committing a breach of his obligation as fiduciary unless he takes the instrument with actual knowledge of such breach or with knowledge of such facts that his action in taking the instrument amounts to bad faith. (1923, c. 85, s. 6; C.S., s. 1864(j).)
NC Gen Stat § 32-8 (2021)
2021 North Carolina General Statutes|Chapter 32 - Fiduciaries|Article 1 - Uniform Fiduciaries Act.|§ 32-8 - Deposit in name of fiduciary as such.

 32-8. Deposit in name of fiduciary as such.If a deposit is made in a bank to the credit of a fiduciary as such, the bank is authorized to pay the amount of the deposit or any part thereof upon the check of the fiduciary, signed with the name in which such deposit is entered, without being liable to the principal, unless the bank pays the check with actual knowledge that the fiduciary is committing a breach of his obligation as fiduciary in drawing the check or with knowledge of such facts that its action in paying the check amounts to bad faith.If, however, such a check is payable to the drawee bank and is delivered to it in payment of or as security for a personal debt of the fiduciary to it, the bank is liable to the principal if the fiduciary in fact commits a breach of his obligation as fiduciary in drawing or delivering the check. (1923, c. 85, s. 7; C.S., s. 1864(k).)
NC Gen Stat § 32-9 (2021)
2021 North Carolina General Statutes|Chapter 32 - Fiduciaries|Article 1 - Uniform Fiduciaries Act.|§ 32-9 - Deposit in name of principal.

 32-9. Deposit in name of principal.If a check is drawn upon the account of his principal in a bank by a fiduciary who is empowered to draw checks upon his principal's account, the bank is authorized to pay such check without being liable to the principal, unless the bank pays the check with actual knowledge that the fiduciary is committing a breach of his obligation as fiduciary in drawing such check, or with knowledge of such facts that its action in paying the check amounts to bad faith. If, however, such a check is payable to the drawee bank and is delivered to it in payment of or as security for a personal debt of the fiduciary to it, the bank is liable to the principal if the fiduciary in fact commits a breach of his obligation as fiduciary in drawing or delivering the check. (1923, c. 85, s. 8; C.S., s. 1864(l).)
NC Gen Stat § 32-10 (2021)
2021 North Carolina General Statutes|Chapter 32 - Fiduciaries|Article 1 - Uniform Fiduciaries Act.|§ 32-10 - Deposit in fiduciary's personal account.

 32-10. Deposit in fiduciary's personal account.If a fiduciary makes a deposit in a bank to his personal credit of checks drawn by him upon an account in his own name as fiduciary or of checks payable to him as fiduciary or of checks drawn by him upon an account in the name of his principal if he is empowered to draw checks thereon, or checks payable to his principal and indorsed by him, if he is empowered to indorse such checks, or if he otherwise makes a deposit of funds held by him as fiduciary, the bank receiving such deposit is not bound to inquire whether the fiduciary is committing thereby a breach of his obligation as fiduciary; and the bank is authorized to pay the amount of the deposit or any part thereof upon the personal check of the fiduciary without being liable to the principal, unless the bank receives the deposit or pays the check with actual knowledge that the fiduciary is committing a breach of his obligation as fiduciary in making such deposit or in drawing such check, or with knowledge of such facts that its action in receiving the deposit or paying the check amounts to bad faith. (1923, c. 85, s. 9; C.S., s. 1864(m).)
NC Gen Stat § 32-11 (2021)
2021 North Carolina General Statutes|Chapter 32 - Fiduciaries|Article 1 - Uniform Fiduciaries Act.|§ 32-11 - Deposit in names of two or more trustees.

 32-11. Deposit in names of two or more trustees.When a deposit is made in a bank in the name of two or more persons as trustees and a check is drawn upon the trust account by any trustee or trustees authorized by the other trustee or trustees to draw checks upon the trust account, neither the payee nor other holder nor the bank is bound to inquire whether it is a breach of trust to authorize such trustee or trustees to draw checks upon the trust account, and is not liable unless the circumstances be such that the action of the payee or other holder or the bank amounts to bad faith. (1923, c. 85, s. 10; C.S., s. 1864(n).)
NC Gen Stat § 32-12 (2021)
2021 North Carolina General Statutes|Chapter 32 - Fiduciaries|Article 1 - Uniform Fiduciaries Act.|§ 32-12 - Cases not provided for in Article.

 32-12. Cases not provided for in Article.In any case not provided for in this Article the rules of law and equity, including the law merchant and those rules of law and equity relating to trusts, agency, negotiable instruments and banking, shall continue to apply. (1923, c. 85, s. 12; C.S., s. 1864(p); 1965, c. 628, s. 2.)
NC Gen Stat § 32-13 (2021)
2021 North Carolina General Statutes|Chapter 32 - Fiduciaries|Article 1 - Uniform Fiduciaries Act.|§ 32-13 - Uniformity of interpretation.

 32-13. Uniformity of interpretation.This Article shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. (1923, c. 85, s. 13; C.S., s. 1864(q); 1965, c. 628, s. 2.)
NC Gen Stat § 32-25 (2021)
2021 North Carolina General Statutes|Chapter 32 - Fiduciaries|Article 3 - Powers of Fiduciaries.|§ 32-25 - Definition.

 32-25. Definition.As used in this Article, the term "fiduciary" means the one or more executors of the estate of a decedent, or the one or more trustees of a testamentary or inter vivos trust estate, whichever in a particular case shall be appropriate. (1965, c. 628, s. 1.)
NC Gen Stat § 32-26 (2021)
2021 North Carolina General Statutes|Chapter 32 - Fiduciaries|Article 3 - Powers of Fiduciaries.|§ 32-26 - Incorporation by reference of powers enumerated in § 32-27; restriction on exercise of such powers.

 32-26. Incorporation by reference of powers enumerated in 32-27; restriction on exercise of such powers.(a) By an express intention of the testator or settlor so to do contained in a will, or in an instrument in writing whereby a trust estate is created inter vivos, any or all of the powers or any portion thereof enumerated in G.S. 32-27, as they exist at the time of the signing of the will by the testator or at the time of the signing by the first settlor who signs the trust instrument, may be, by appropriate reference made thereto, incorporated in such will or other written instrument, with the same effect as though such language were set forth verbatim in the instrument. Incorporation of one or more of the powers contained in G.S. 32-27 by reference to that section shall be in addition to and not in limitation of the common law or statutory powers of the fiduciary.(b) No power of authority conferred upon a fiduciary as provided in this Article shall be exercised by such fiduciary in such a manner as, in the aggregate, to deprive the trust or the estate involved of an otherwise available tax exemption, deduction or credit, expressly including the marital deduction, or operate to impose a tax upon a donor or testator or other person as owner of any portion of the trust or estate involved. "Tax" includes, but is not limited to, any federal, State, or local income, gift, estate or inheritance tax.(c) Nothing herein shall be construed to prevent the incorporation of the powers enumerated in G.S. 32-27 in any other kind of instrument or agreement. (1965, c. 628, s. 1.)
NC Gen Stat § 32-53 (2021)
2021 North Carolina General Statutes|Chapter 32 - Fiduciaries|Article 6 - Compensation of Trustees and Other Fiduciaries.|§ 32-53 - Definitions.

 32-53. Definitions.The following definitions apply in this Article:(1) Legal disability. - A person under a legal disability is a person who is a minor, incompetent, or unborn individual, or whose identity or location is unknown.(2) Qualified beneficiary. - As defined in G.S. 36C-1-103(15). With respect to a charitable trust defined in G.S. 36C-1-103(4), the term includes (i) a charitable organization described in G.S. 36C-1-110 as having the rights of a qualified beneficiary; or (ii) if there is no such charitable organization, the Attorney General.(3) Representative. - A person who may represent and bind another as provided in Article 3 of Chapter 36C of the General Statutes, the provisions of which shall apply for purposes of this Article.(4) Trust. - A trust to which Chapter 36C of the General Statutes applies as provided in G.S. 36C-1-102. (2004-139, s. 2; 2007-106, s. 38.)
NC Gen Stat § 32-54 (2021)
2021 North Carolina General Statutes|Chapter 32 - Fiduciaries|Article 6 - Compensation of Trustees and Other Fiduciaries.|§ 32-54 - Compensation of trustees.

 32-54. Compensation of trustees.(a) If the terms of the trust do not specify the trustee's compensation, the trustee is entitled to receive from the assets of the trust compensation that is reasonable under the circumstances.(b) All of the following factors shall be considered in determining reasonableness of compensation:(1) The degree of difficulty and novelty of the tasks required of the trustee.(2) The responsibilities and risks involved.(3) The amount and character of the trust assets.(4) The skill, experience, expertise, and facilities of the trustee.(5) The quality of the trustee's performance.(6) Comparable charges for similar services.(7) Time devoted to administering the trust.(8) Time constraints imposed upon the trustee in administering the trust.(9) Nature and costs of services delegated to others by the trustee.(10) Where more than one trustee is serving, the reasonableness of the total fees paid to all trustees.(11) Other factors which the trustee or the clerk of superior court deems to be relevant. (2004-139, s. 2.)
NC Gen Stat § 32-55 (2021)
2021 North Carolina General Statutes|Chapter 32 - Fiduciaries|Article 6 - Compensation of Trustees and Other Fiduciaries.|§ 32-55 - Notice.

 32-55. Notice.(a) If the terms of the trust do not specify the trustee's compensation, the trustee may, in the trustee's discretion, give written notice to all qualified beneficiaries of each proposed payment of compensation if the annual amount of compensation exceeds four-tenths of one percent (4/10 of 1%) of the principal value of the assets of the trust on the last day of the trust accounting year.(b) In lieu of giving written notice of each proposed payment of compensation under subsection (a) of this section, the trustee may give written notice to all qualified beneficiaries of the amount of compensation to be paid to the trustee on a periodic basis or of the method of computation of the compensation. The trustee shall not be required to give additional notice to the qualified beneficiaries unless the amount to be paid to the trustee on a periodic basis or the method of computation of the compensation changes.(c) If a qualified beneficiary is under a legal disability, notice shall be given to the representative of the beneficiary. If a representative of a qualified beneficiary is not available without court order, notice shall be deemed given under this section if there is at least (i) one qualified beneficiary described in G.S. 36C-1-103(15)a. or b. who is not under a legal disability or a representative of a qualified beneficiary so described; and (ii) one qualified beneficiary described in G.S. 36C-1-103(15)c. who is not under a legal disability or a representative of a qualified beneficiary so described.(c1) The notice provided for in this section shall contain a statement that the qualified beneficiaries or their representatives to whom the notice is given have 20 days from when notice is given to file a proceeding for review of the reasonableness of the compensation with the clerk of superior court in accordance with Article 2 of Chapter 36C of the General Statutes.(d) The provisions of G.S. 36C-1-109 regarding notices to persons under Chapter 36C of the General Statutes shall apply for purposes of notices under this Article.  (2004-139, s. 2; 2006-259, s. 13(m); 2007-106, s. 39; 2011-339, s. 1.)
NC Gen Stat § 32-56 (2021)
2021 North Carolina General Statutes|Chapter 32 - Fiduciaries|Article 6 - Compensation of Trustees and Other Fiduciaries.|§ 32-56 - Payment of compensation without court order.

 32-56. Payment of compensation without court order.The trustee is authorized to pay the compensation provided for in G.S. 32-54 without prior approval of the clerk of superior court only if:(1) The annual amount of compensation does not exceed four-tenths of one percent (4/10 of 1%) of the principal value of the assets of the trust on the last day of the trust accounting year; or(2) Notice has been given pursuant to G.S. 32-55 and no qualified beneficiary or representative of a qualified beneficiary has initiated a proceeding under G.S. 32-57 for review of the reasonableness of the compensation within 20 days after notice has been given by the trustee in accordance with G.S. 32-55. (2004-139, s. 2; 2007-106, s. 40.)
NC Gen Stat § 32-57 (2021)
2021 North Carolina General Statutes|Chapter 32 - Fiduciaries|Article 6 - Compensation of Trustees and Other Fiduciaries.|§ 32-57 - Judicial review; payment of compensation and other payments with court order.

 32-57. Judicial review; payment of compensation and other payments with court order.(a) If the terms of the trust do not specify the trustee's compensation, the trustee or any qualified beneficiary, or representative of a qualified beneficiary, may initiate a proceeding under Article 2 of Chapter 36C of the General Statutes for review of the reasonableness of any compensation or expense reimbursement and for the approval or denial of the payment of compensation or expense reimbursement. A beneficiary may initiate a proceeding even though the 20-day period referred to in G.S. 32-56(2) has expired.(b) In connection with reviewing the reasonableness of any compensation or expense reimbursement, the clerk of superior court may order the trustee to make appropriate refunds if the clerk determines upon review that a trustee has received excessive compensation or expense reimbursement. (2004-139, s. 2; 2006-259, s. 13(n); 2007-106, s. 41.)
NC Gen Stat § 32-58 (2021)
2021 North Carolina General Statutes|Chapter 32 - Fiduciaries|Article 6 - Compensation of Trustees and Other Fiduciaries.|§ 32-58 - Reimbursement for expenses incurred.

 32-58. Reimbursement for expenses incurred.In addition to the compensation referred to in G.S. 32-54, the trustee shall be entitled to reimbursement out of the assets of the trust for expenses properly incurred or advanced in the administration of the trust and shall be empowered to pay the expenses from the assets of the trust without prior approval of the clerk of superior court. The court may allow reimbursement of other expenses incurred or advanced to which the trustee is entitled in equity and good conscience. The trustee shall have a lien on trust property to secure reimbursement, with reasonable interest, of expenses owed under this section. (2004-139, s. 2; 2007-106, s. 42.)
NC Gen Stat § 32-59 (2021)
2021 North Carolina General Statutes|Chapter 32 - Fiduciaries|Article 6 - Compensation of Trustees and Other Fiduciaries.|§ 32-59 - Compensation of other fiduciaries.

 32-59. Compensation of other fiduciaries.Unless otherwise provided by the General Statutes or by the instrument creating the fiduciary relationship, fiduciaries other than trustees under a trust shall be entitled, upon written request to the clerk of superior court, to reasonable compensation in an amount to be determined by the clerk after taking into consideration the factors set forth in G.S. 32-54(b) and to reimbursement for expenses properly incurred in the administration of the fiduciary relationship. (2004-139, s. 2.)
NC Gen Stat § 32-60 (2021)
2021 North Carolina General Statutes|Chapter 32 - Fiduciaries|Article 6 - Compensation of Trustees and Other Fiduciaries.|§ 32-60 - Effect of provisions in instrument.

 32-60. Effect of provisions in instrument.In those instances where the instrument creating the trust or other fiduciary relationship provides that the compensation of the fiduciary shall be the amount "provided by law", the "maximum amount provided by law", or other similar language, or references former G.S. 32-50, this language shall be construed as an intention that the trustee or other fiduciary shall receive reasonable compensation as allowed under this Article. In those instances where the instrument creating the trust or other fiduciary relationship provides that the trustee or other fiduciary shall serve without compensation, this language shall be construed as being a provision relating to compensation, and the trustee or other fiduciary shall not be entitled to receive reasonable compensation as allowed under this Article. (2004-139, s. 2.)
NC Gen Stat § 32-61 (2021)
2021 North Carolina General Statutes|Chapter 32 - Fiduciaries|Article 6 - Compensation of Trustees and Other Fiduciaries.|§ 32-61 - Counsel fees allowable to attorneys serving as fiduciaries.

 32-61. Counsel fees allowable to attorneys serving as fiduciaries.The clerk of superior court may exercise discretion to allow counsel fees to an attorney serving as a fiduciary or trustee (in addition to the compensation allowed to the attorney as a fiduciary or trustee) where the attorney, on behalf of the trust or fiduciary relationship, renders professional services as an attorney that are different from the services normally performed by a fiduciary or trustee and of a type which would reasonably justify the retention of legal counsel by a fiduciary or trustee who is not licensed to practice law. (2004-139, s. 2.)
NC Gen Stat § 32-62 (2021)
2021 North Carolina General Statutes|Chapter 32 - Fiduciaries|Article 6 - Compensation of Trustees and Other Fiduciaries.|§ 32-62 - Applicability.

 32-62. Applicability.Regardless of when the trust or fiduciary relationship is created, the provisions of this Article shall apply to all payments made to a fiduciary after January 1, 2005, including payments for compensation earned prior to January 1, 2005. (2004-139, s. 2.)
NC Gen Stat § 32-70 (2021)
2021 North Carolina General Statutes|Chapter 32 - Fiduciaries|Article 7 - Investment and Deposit of Trust Funds.|§ 32-70 - Definition.

 32-70. Definition.(a) For the purpose of this Article, the word "fiduciary" shall be construed to include a guardian, personal representative, collector, trustee, or any other person charged with the duty of acting for the benefit of another party as to matters coming within the scope of the relationship between them.(b) As used in subsection (a) above, the word "person" shall be construed to include an individual, a corporation, or any legal or commercial entity authorized to hold property or do business in the State of North Carolina. (1977, c. 502, s. 2; 2005-192, s. 1.)