reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 78C - Investment Advisers › Article 9 - Uniform Athlete Agents Act. › § 78C-86 - Definitions.

§ 78C-86. Definitions.
The following definitions apply in this Article:
(1) Agency contract. – An agreement in which a student-athlete authorizes a person to negotiate or solicit on behalf of the student-athlete a professional-sports-services contract or an endorsement contract.
(2) Athlete agent. – An individual who enters into an agency contract with a student-athlete or, directly or indirectly, recruits or solicits a student-athlete to enter into an agency contract. The term includes an individual who represents to the public that the individual is an athlete agent. The term does not include a spouse, parent, sibling, or guardian of the student-athlete or an individual acting solely on behalf of a professional sports team or professional sports organization.
(3) Athletic director. – An individual responsible for administering the overall athletic program of an educational institution or, if an educational institution has separately administered athletic programs for male students and female students, the athletic program for males or the athletic program for females, as appropriate.
(4) Contact. – A communication, direct or indirect, between an athlete agent and a student-athlete to recruit or solicit the student-athlete to enter into an agency contract.
(5) Endorsement contract. – An agreement under which a student-athlete is employed or receives consideration to use on behalf of the other party any value that the student-athlete may have because of publicity, reputation, following, or fame obtained because of athletic ability or performance.
(6) Intercollegiate sport. – A sport played at the collegiate level for which eligibility requirements for participation by a student-athlete are established by a national association for the promotion or regulation of collegiate athletics.
(7) Person. – An individual, company, corporation, partnership, association, or any other legal or commercial entity.
(8) Professional-sports-services contract. – An agreement under which an individual is employed or agrees to render services as a player on a professional sports team, with a professional sports organization, or as a professional athlete.
(9) Record. – Information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(10) Registration. – A certificate issued by the Secretary of State evidencing that a person has satisfied the requirements of an athlete agent pursuant to this Article.
(11) Student-athlete. – An individual who engages in, is eligible to engage in, or may be eligible in the future to engage in any intercollegiate sport. If an individual is permanently ineligible to participate in a particular intercollegiate sport, the individual is not a student-athlete for purposes of that sport. (2003-375, s. 2.)
2023 North Carolina General Statutes › Chapter 78C - Investment Advisers › Article 9 - Uniform Athlete Agents Act. › § 78C-87 - Service of process; subpoenas.

§ 78C-87. Service of process; subpoenas.
(a) By acting as an athlete agent in this State, a nonresident individual appoints the Secretary of State as the individual's agent for service of process in any civil action in this State related to the individual's acting as an athlete agent in this State.
(b) The Secretary of State may issue subpoenas for any material that is relevant to the administration of this Article. (2003-375, s. 2.)
2023 North Carolina General Statutes › Chapter 78C - Investment Advisers › Article 9 - Uniform Athlete Agents Act. › § 78C-88 - Athlete agents; registration required; exceptions; void contracts.

§ 78C-88. Athlete agents; registration required; exceptions; void contracts.
(a) Except as otherwise provided in this section, an individual may not act as an athlete agent in this State without holding a certificate of registration under G.S. 78C-90 or G.S. 78C-92.
(b) Before being issued a certificate of registration, an individual may act as an athlete agent in this State for all purposes except signing an agency contract if: (i) a student-athlete or another person acting on behalf of the student-athlete initiates communication with the individual; and (ii) within seven days after an initial act as an athlete agent, the individual submits an application for registration as an athlete agent in this State.
(c) A North Carolina licensed and resident attorney may act as an athlete agent in this State for all purposes without registering pursuant to this section if the attorney neither advertises directly for, nor solicits, any student-athlete by representing to any person that the attorney has special experience or qualifications with regard to representing student-athletes and represents no more than two student-athletes.
(d) An agency contract resulting from conduct in violation of this section is void, and the athlete agent shall return any consideration received under the contract. (2003-375, s. 2.)
2023 North Carolina General Statutes › Chapter 78C - Investment Advisers › Article 9 - Uniform Athlete Agents Act. › § 78C-91 - Suspension; revocation; refusal to renew registration.

§ 78C-91. Suspension; revocation; refusal to renew registration.
(a) The Secretary of State may suspend, revoke, or refuse to renew a registration for conduct that would have justified denial of registration under G.S. 78C-90(b).
(b) The Secretary of State may deny, suspend, revoke, or refuse to renew a certificate of registration or licensure only after proper notice and an opportunity for a hearing in accordance with the Administrative Procedures Act pursuant to Article 3 of Chapter 150B of the General Statutes. (2003-375, s. 2.)
2023 North Carolina General Statutes › Chapter 78C - Investment Advisers › Article 9 - Uniform Athlete Agents Act. › § 78C-93 - Registration; renewal of fees.

§ 78C-93. Registration; renewal of fees.
An application for registration or renewal of registration must be accompanied by a fee in the following amount:
(1) Application for registration $200.00
(2) Application for registration based upon a certificate of
registration or licensure issued by another state 200.00
(3) Application for renewal of registration 200.00
(4) Application for renewal of registration based upon an
application for renewal of registration or licensure
submitted in another state 200.00.
(2003-375, s. 2.)
2023 North Carolina General Statutes › Chapter 78C - Investment Advisers › Article 9 - Uniform Athlete Agents Act. › § 78C-94 - Required form of contract.

§ 78C-94. Required form of contract.
(a) An agency contract must be in a record, signed or otherwise authenticated by the parties.
(b) An agency contract must state or contain the following:
(1) The amount and method of calculating the consideration to be paid by the student-athlete for services to be provided by the athlete agent under the contract and any other consideration the athlete agent has received or will receive from any other source for entering into the contract or for providing the services.
(2) The name of any person not listed in the application for registration or renewal of registration who will be compensated because the student-athlete signed the agency contract.
(3) A description of any expenses that the student-athlete agrees to reimburse.
(4) A description of the services to be provided to the student-athlete.
(5) The duration of the contract.
(6) The date of execution.
(c) An agency contract must contain, in close proximity to the signature of the student-athlete, a conspicuous notice in boldface type in capital letters stating:
WARNING TO STUDENT-ATHLETE
IF YOU SIGN THIS CONTRACT:
(1) YOU SHALL LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT-ATHLETE IN YOUR SPORT;
(2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER ENTERING INTO THIS CONTRACT, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR;
(3) YOU WAIVE YOUR ATTORNEY-CLIENT PRIVILEGE WITH RESPECT TO THIS CONTRACT AND CERTAIN INFORMATION RELATED TO IT; AND
(4) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT SHALL NOT REINSTATE YOUR ELIGIBILITY.
(d) An agency contract that does not conform to this section is voidable by the student-athlete. If a student-athlete voids an agency contract, the student-athlete is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student-athlete to enter into the contract.
(e) The athlete agent shall give a record of the signed or otherwise authenticated agency contract to the student-athlete at the time of execution.
(f) The waiver of attorney-client privilege does not affect those privileges between client and attorney when the attorney is not an athlete agent. (2003-375, s. 2.)
2023 North Carolina General Statutes › Chapter 78C - Investment Advisers › Article 9 - Uniform Athlete Agents Act. › § 78C-95 - Notice to educational institution.

§ 78C-95. Notice to educational institution.
(a) Within 72 hours after entering into an agency contract or before the next scheduled athletic event in which the student-athlete may participate, whichever occurs first, the athlete agent shall give notice in a record of the existence of the contract to the athletic director of the educational institution at which the student-athlete is enrolled or the athlete agent has reasonable grounds to believe the student-athlete intends to enroll.
(b) Within 72 hours after entering into an agency contract or before the next athletic event in which the student-athlete may participate, whichever occurs first, the student-athlete shall inform the athletic director of the educational institution at which the student-athlete is enrolled that he or she has entered into an agency contract. (2003-375, s. 2.)
2023 North Carolina General Statutes › Chapter 78C - Investment Advisers › Article 9 - Uniform Athlete Agents Act. › § 78C-96 - Student-athlete's right to cancel.

§ 78C-96. Student-athlete's right to cancel.
(a) A student-athlete may cancel an agency contract by giving notice of the cancellation to the athlete agent in a record within 14 days after the contract is signed.
(b) A student-athlete may not waive the right to cancel an agency contract.
(c) If a student-athlete cancels an agency contract, the student-athlete is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student-athlete to enter into the contract. (2003-375, s. 2.)
2023 North Carolina General Statutes › Chapter 78C - Investment Advisers › Article 9 - Uniform Athlete Agents Act. › § 78C-97 - Required records; waiver of attorney-client privilege.

§ 78C-97. Required records; waiver of attorney-client privilege.
(a) An athlete agent shall retain the following records for a period of five years:
(1) The name and address of each individual represented by the athlete agent.
(2) Any agency contract entered into by the athlete agent.
(3) Any direct costs incurred by the athlete agent in the recruitment or solicitation of a student-athlete to enter into an agency contract.
(b) Records required to be retained by subsection (a) of this section are open to inspection by the Secretary of State during normal business hours.
(c) Where a student-athlete enters into an agency contract regulated under this Article, the student-athlete will be deemed to waive the attorney-client privilege with respect to records required to be retained by subsection (a) of this section, subject to G.S. 78C-94(f). (2003-375, s. 2.)
2023 North Carolina General Statutes › Chapter 78C - Investment Advisers › Article 9 - Uniform Athlete Agents Act. › § 78C-98 - Prohibited conduct.

§ 78C-98. Prohibited conduct.
(a) An athlete agent, with the intent to induce a student-athlete to enter into an agency contract, shall not:
(1) Give any materially false or misleading information or make a materially false promise or representation.
(2) Furnish anything of value to a student-athlete before the student-athlete enters into the agency contract.
(3) Furnish anything of value to any individual other than the student-athlete or another registered athlete agent.
(b) An athlete agent shall not intentionally:
(1) Initiate contact with a student-athlete unless the athlete agent is registered under this Article.
(2) Refuse or fail to retain or permit inspection of the records required to be retained by G.S. 78C-97.
(3) Fail to register as required by G.S. 78C-88.
(4) Provide materially false or misleading information in an application for registration or renewal of registration.
(5) Predate or postdate an agency contract.
(6) Fail to notify a student-athlete before the student-athlete signs or otherwise authenticates an agency contract for a particular sport that the signing or authentication shall make the student-athlete ineligible to participate as a student-athlete in that sport. (2003-375, s. 2.)
2023 North Carolina General Statutes › Chapter 78C - Investment Advisers › Article 9 - Uniform Athlete Agents Act. › § 78C-100 - Civil remedies.

§ 78C-100. Civil remedies.
(a) An educational institution has a right of action against an athlete agent or a former student-athlete for damages caused by a violation of this Article. In an action under this section, the court may award costs and reasonable attorneys' fees to the prevailing party.
(b) Damages suffered by an educational institution under subsection (a) of this section include losses and expenses incurred because, as a result of the conduct of an athlete agent or former student-athlete, the educational institution was injured by a violation of this Article or was penalized, disqualified, or suspended from participation in athletics by: (i) a national association for the promotion and regulation of athletics; (ii) an athletic conference; or (iii) reasonable self-imposed disciplinary action taken to mitigate sanctions likely to be imposed by an athletic organization.
(c) A right of action under this section does not accrue until the educational institution discovers, or by the exercise of reasonable diligence would have discovered, the violation by the athlete agent or former student-athlete.
(d) Any liability of the athlete agent or the former student-athlete under this section is several and not joint.
(e) This Article does not restrict rights, remedies, or defenses of any person under law or equity. (2003-375, s. 2.)
2023 North Carolina General Statutes › Chapter 78C - Investment Advisers › Article 9 - Uniform Athlete Agents Act. › § 78C-101 - Administrative penalty.

§ 78C-101. Administrative penalty.
The Secretary of State may assess a civil penalty against an athlete agent not to exceed twenty-five thousand dollars ($25,000) for a violation of this Article. (2003-375, s. 2.)
2023 North Carolina General Statutes › Chapter 78C - Investment Advisers › Article 9 - Uniform Athlete Agents Act. › § 78C-102 - Uniformity of application and construction.

§ 78C-102. Uniformity of application and construction.
In applying and construing this Uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. (2003-375, s. 2.)
2023 North Carolina General Statutes › Chapter 78C - Investment Advisers › Article 9 - Uniform Athlete Agents Act. › § 78C-103 - Electronic Signatures in Global and National Commerce Act.

§ 78C-103. Electronic Signatures in Global and National Commerce Act.
The provisions of this Article governing the legal effect, validity, or enforceability of electronic records or signatures, and of contracts formed or performed with the use of those records or signatures, conform to the requirements of section 102 of the Electronic Signatures in Global and National Commerce Act, Pub. L. 106-229, 114 Stat. 464 (2000), and supersede, modify, and limit the Electronic Signatures in Global and National Commerce Act. (2003-375, s. 2.)
2023 North Carolina General Statutes › Chapter 78C - Investment Advisers › Article 9 - Uniform Athlete Agents Act. › § 78C-104 - Severability.

§ 78C-104. Severability.
If any provision of this Article or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Article which can be given effect without the invalid provision or application, and to this end the provisions of this Article are severable. (2003-375, s. 2.)
2023 North Carolina General Statutes › Chapter 78D - Commodities Act › Article 1 - Scope. › § 78D-2 - Unlawful commodity transactions.

§ 78D-2. Unlawful commodity transactions.
Except as otherwise provided in G.S. 78D-3 or G.S. 78D-4, no person shall sell or purchase or offer to sell or purchase any commodity under any commodity contract or under any commodity option or offer to enter into or enter into as seller or purchaser any commodity contract or any commodity option. (1989, c. 634, s. 1.)
2023 North Carolina General Statutes › Chapter 78D - Commodities Act › Article 1 - Scope. › § 78D-3 - Exempt person transactions.

§ 78D-3. Exempt person transactions.
The prohibitions in G.S. 78D-2 shall not apply to any transaction offered by and in which any of the following persons (or any employee, officer or director thereof acting solely in that capacity) is the purchaser or seller:
(1) A person registered with the Commodity Futures Trading Commission as a futures commission merchant or as a leverage transaction merchant whose activities require such registration;
(2) A person registered with the Securities and Exchange Commission as a broker-dealer whose activities require such registration;
(3) A person affiliated with, and whose obligations and liabilities under the transaction are guaranteed by, a person referred to in subdivisions (1) or (2) of this section;
(4) A person who is a member of a contract market designated by the Commodity Futures Trading Commission (or any clearinghouse thereof);
(5) A financial institution; or
(6) A person registered under the laws of this State as a securities broker-dealer whose activities require such registration.
The exemption provided by this section shall not apply to any transaction or activity which is prohibited by the Commodity Exchange Act or CFTC Rule. (1989, c. 634, s. 1.)
2023 North Carolina General Statutes › Chapter 78D - Commodities Act › Article 1 - Scope. › § 78D-5 - Unlawful commodity activities.

§ 78D-5. Unlawful commodity activities.
(a) No person shall engage in a trade or business or otherwise act as a commodity merchant unless such person (i) is registered or temporarily licensed with the Commodity Futures Trading Commission for each activity constituting such person as a commodity merchant and such registration or temporary license shall not have expired, nor been suspended nor revoked; or (ii) is exempt from such registration by virtue of the Commodity Exchange Act or of a CFTC rule.
(b) No board of trade shall trade, or provide a place for the trading of, any commodity contract or commodity option required to be traded on or subject to the rules of a contract market designated by the Commodity Futures Trading Commission unless such board of trade has been so designated for such commodity contract or commodity option and such designation shall not have been vacated, nor suspended nor revoked. (1989, c. 634, s. 1.)
2023 North Carolina General Statutes › Chapter 78D - Commodities Act › Article 1 - Scope. › § 78D-6 - Fraudulent conduct.

§ 78D-6. Fraudulent conduct.
No person, shall directly or indirectly:
(1) Cheat or defraud, or attempt to cheat or defraud, any other person or employ any device, scheme or artifice to defraud any other person;
(2) Make any false report, enter any false record, or make any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading;
(3) Engage in any transaction, act, practice or course of business, including, without limitation, any form of advertising or solicitation, which operates or would operate as a fraud or deceit upon any person; or
(4) Misappropriate or convert the funds, security or property of any other person;
in or in connection with the purchase or sale of, the offer to sell, the offer to purchase, the offer to enter into, or the entry into of, any commodity contract or commodity option subject to the provisions of G.S. 78D-2, 78D-3, 78D-4(a)(2) or G.S. 78D-4(a)(4) of this Chapter. (1989, c. 634, s. 1.)
2023 North Carolina General Statutes › Chapter 78D - Commodities Act › Article 1 - Scope. › § 78D-7 - Liability of principals, controlling persons and others.

§ 78D-7. Liability of principals, controlling persons and others.
(a) The act, omission, or failure of any official, agent, or other person acting for any individual, association, partnership, corporation, or trust within the scope of his employment or office shall be deemed the act, omission, or failure of such individual, association, partnership, corporation, or trust, as well as of such official, agent, or other person.
(b) Every person who directly or indirectly controls another person liable under any provision of this Chapter, every partner, officer, or director of such other person, every person occupying a similar status or performing similar functions, every employee of such other person who materially aids in the violation is also liable jointly and severally with and to the same extent as such other person, unless the person who is also liable by virtue of this provision sustains the burden of proof that he did not know, and in exercise of reasonable care could not have known, of the existence of the facts by reason of which the liability is alleged to exist. (1989, c. 634, s. 1.)
2023 North Carolina General Statutes › Chapter 78D - Commodities Act › Article 1 - Scope. › § 78D-8 - Securities and laws unaffected.

§ 78D-8. Securities and laws unaffected.
Nothing in this Chapter shall impair, derogate or otherwise affect the authority or powers of the Administrator under Chapters 78A or 78C of the General Statutes or the application of any provision thereof to any person or transaction subject thereto. (1989, c. 634, s. 1.)
2023 North Carolina General Statutes › Chapter 78D - Commodities Act › Article 1 - Scope. › § 78D-9 - Purpose.

§ 78D-9. Purpose.
This Chapter may be construed and implemented to effectuate its general purpose to protect investors, to prevent and prosecute illegal and fraudulent schemes involving commodity contracts and to maximize coordination with federal and other states' laws and the administration and enforcement thereof. This Chapter is not intended to create any rights or remedies upon which actions may be brought by private persons against persons who violate the provisions of this Chapter. (1989, c. 634, s. 1.)
2023 North Carolina General Statutes › Chapter 78D - Commodities Act › Article 2 - Administration and Enforcement. › § 78D-21 - Investigations.

§ 78D-21. Investigations.
(a) The Administrator may make investigations, within or without this State, as it finds necessary or appropriate to:
(1) Determine whether any person has violated, or is about to violate, any provision of this Chapter or any rule or order of the Administrator; or
(2) Aid in enforcement of this Chapter.
(b) The Administrator may publish information concerning any violation of this Chapter or any rule or order of the Administrator.
(c) For purposes of any investigation or proceeding under this Chapter, the Administrator or any officer or employee designated by rule or order, may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the Administrator finds to be relevant or material to the inquiry.
(d) (1) If a person does not give testimony or produce the documents required by the Administrator or a designated employee pursuant to an administrative subpoena, the Administrator or designated employee may apply for a court order compelling compliance with the subpoena or the giving of the required testimony.
(2) The request for order of compliance may be addressed to either:
a. The Superior Court of Wake County where service may be obtained on the person refusing to testify or produce, if the person is within this State; or
b. The appropriate court of the State having jurisdiction over the person refusing to testify or produce, if the person is outside this State.
(e) The Administrator in his discretion may appoint commodities law enforcement agents and other enforcement personnel.
(1) Subject Matter Jurisdiction. – The responsibility of an agent shall be enforcement of this Chapter.
(2) Territorial Jurisdiction. – A commodities law enforcement agent is a State officer with jurisdiction throughout the State.
(3) Service of Orders of the Administrator. – Commodities law enforcement agents may serve and execute notices, orders, or demands issued by the Administrator for the surrender of registrations or relating to any administrative proceeding. While serving and executing such notices, orders, or demands, commodities law enforcement agents shall have all the power and authority possessed by law enforcement officers when executing an arrest warrant. (1989, c. 634, s. 1.)
2023 North Carolina General Statutes › Chapter 78D - Commodities Act › Article 2 - Administration and Enforcement. › § 78D-22 - Enforcement of Chapter.

§ 78D-22. Enforcement of Chapter.
(a) If the Administrator believes, whether or not based upon an investigation conducted under G.S. 78D-21 that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this Chapter or any rule or order hereunder, the Administrator may:
(1) Issue a cease and desist order;
(2) Issue an order imposing a civil penalty in an amount which may not exceed twenty-five thousand dollars ($25,000) for any single violation or five hundred thousand dollars ($500,000) for multiple violations in a single proceeding or a series of related proceedings;
(3) Issue an order requiring reimbursement of the costs of investigation; or
(4) Initiate any of the actions specified in subsection (b) of this section.
The clear proceeds of civil penalties imposed pursuant to this subsection shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. Any reimbursement of costs imposed by this subsection shall be paid to the General Fund.
(b) The Administrator may institute any of the following actions in the appropriate courts of this State, or in the appropriate courts of another state, in addition to any legal or equitable remedies otherwise available:
(1) A declaratory judgment;
(2) An action for a prohibitory or mandatory injunction to enjoin the violation and to ensure compliance with this Chapter or any rule or order of the Administrator;
(3) An action for disgorgement; or
(4) An action for appointment of a receiver or conservator for the defendant or the defendant's assets. (1989, c. 634, s. 1; 1998-215, s. 123.)
2023 North Carolina General Statutes › Chapter 78D - Commodities Act › Article 2 - Administration and Enforcement. › § 78D-24 - Criminal penalties.

§ 78D-24. Criminal penalties.
(a) Any person who willfully violates any provision of this Chapter is guilty of a felony. If the losses caused by the violation or violations are one hundred thousand dollars ($100,000) or more, the person is guilty of a Class C felony. If the losses caused by the violation or violations are less than one hundred thousand dollars ($100,000), the person is guilty of a Class H felony.
(b) Any person convicted of violating a rule or order under this Chapter may be fined, but may not be imprisoned, if the person proves he had no knowledge of the rule or order.
(c) In lieu of a fine otherwise authorized by law, a person who has been convicted of or who has pleaded guilty or no contest to having engaged in conduct in violation of the provisions of this Chapter may be sentenced to pay a fine that does not exceed the greater of three times the gross value gained or three times the gross loss caused by such conduct, plus court costs and the costs of investigation and prosecution, reasonably incurred.
(d) The Administrator may refer such evidence as is available concerning violations of this Chapter or any rule or order of the Administrator to the Attorney General or the proper district attorney, who may, with or without such a reference from the Administrator, institute the appropriate criminal proceedings under this Chapter. Upon receipt of such reference, the Attorney General or the district attorney may request that a duly employed attorney of the Administrator prosecute or assist in the prosecution of such violation or violations on behalf of the State. Upon approval of the Administrator, such employee shall be appointed a special prosecutor for the Attorney General or the district attorney to serve without compensation from the Attorney General or district attorney. Such special prosecutor shall have all the powers and duties prescribed by law for Assistant Attorneys General or district attorneys and such other powers and duties as are lawfully delegated to such special prosecutor by the Attorney General or the district attorney.
(e) Nothing in this Chapter limits the power of the State to punish any person for any conduct which constitutes a crime by statute or at common law. (1989, c. 634, s. 1; 2003-413, s. 26.)
2023 North Carolina General Statutes › Chapter 78D - Commodities Act › Article 2 - Administration and Enforcement. › § 78D-25 - Administration of Chapter.

§ 78D-25. Administration of Chapter.
(a) This Chapter shall be administered by the Secretary of State. The Secretary of State as Administrator may delegate all or part of the authority under this Chapter to the Deputy Securities Administrator including, but not limited to, the authority to conduct hearings, make, execute and issue final agency orders and decisions. The Secretary of State may appoint such clerks and other assistants as may from time to time be needed. The Secretary of State may designate one or more hearing officers for the purpose of conducting administrative hearings.
(b) Neither the Administrator nor any employees of the Administrator shall use any information which is filed with or obtained by the Administrator which is not public information for personal gain or benefit, nor shall the Administrator nor any employees of the Administrator conduct any securities or commodity dealings whatsoever based upon any such information, even though public, if there has not been a sufficient period of time for the securities or commodity markets to assimilate such information.
(c) (1) Except as provided in subdivision (2) of this subsection, all information collected, assembled or maintained by the Administrator is public information and is available for the examination of the public as provided by Chapter 132 of the General Statutes.
(2) The following are exceptions to subdivision (1) which are deemed to be confidential:
a. Information obtained in private investigations pursuant to G.S. 78D-21 of this Chapter;
b. Information made confidential by the provisions of Chapter 132 of the General Statutes;
c. Information obtained from federal agencies which may not be disclosed under federal law.
(3) The Administrator in his discretion may disclose any information made confidential under subsection (2)a. to persons identified in G.S. 78D-26(a).
(4) No provision of this Chapter either creates or derogates any privilege which exists at common law, by statute or otherwise when any documentary or other evidence is sought under subpoena directed to the Administrator or any employee of the Administrator. (1989, c. 634, s. 1; 2001-126, s. 11.)
2023 North Carolina General Statutes › Chapter 78D - Commodities Act › Article 2 - Administration and Enforcement. › § 78D-26 - Cooperation with other agencies.

§ 78D-26. Cooperation with other agencies.
(a) To encourage uniform application and interpretation of this Chapter and securities regulation and enforcement in general, the Administrator and the employees of the Administrator may cooperate, including bearing the expense of the cooperation, with the securities agencies or administrator of another jurisdiction, Canadian province or territory or such other agencies administering this Chapter, the Commodity Futures Trading Commission, the Securities and Exchange Commission, any self-regulatory organization established under the Commodity Exchange Act or the Securities Exchange Act of 1934, any national or international organization of commodities or securities officials or agencies, and any governmental law enforcement agency.
(b) The cooperation authorized by subsection (a) shall include, but need not be limited to, the following:
(1) Making joint examinations or investigations;
(2) Holding joint administrative hearings;
(3) Filing and prosecuting joint litigation;
(4) Sharing and exchanging personnel;
(5) Sharing and exchanging information and documents;
(6) Formulating and adopting mutual regulations, statements of policy, guidelines, proposed statutory changes and releases; and
(7) Issuing and enforcing subpoenas at the request of the agency administering this Chapter in another jurisdiction, the securities agency of another jurisdiction, the Commodity Futures Trading Commission or the Securities and Exchange Commission if the information sought would also be subject to lawful subpoena for conduct occurring in this State. (1989, c. 634, s. 1.)
2023 North Carolina General Statutes › Chapter 78D - Commodities Act › Article 2 - Administration and Enforcement. › § 78D-27 - General authority to adopt rules, forms, and orders.

§ 78D-27. General authority to adopt rules, forms, and orders.
(a) In addition to specific authority granted elsewhere in this Chapter, the Administrator may make, amend, and rescind rules, forms, and orders as are necessary to carry out the provisions of this Chapter. Such rules or forms shall include, but need not be limited to, the following:
(1) Rules defining any terms, whether or not used in this Chapter, insofar as the definitions are not inconsistent with the provisions of this Chapter. For the purpose of rules or forms, the Administrator may classify commodities and commodity contracts, persons, and matters within the Administrator's jurisdiction.
(2) Reserved.
(b) Unless specifically provided in this Chapter, no rule, form, or order may be adopted, amended or rescinded unless the Administrator finds that the action is:
(1) Necessary or appropriate in the public interest or for the protection of investors; and
(2) Consistent with the purposes fairly intended by the policy and provisions of this Chapter.
(c) All rules and forms of the Administrator shall be published.
(d) No provision of this Chapter imposing any liability applies to any act done or omitted in good faith in conformity with a rule, order, or form adopted by the Administrator, notwithstanding that the rule, order, or form may later be amended, or rescinded, or be determined by judicial or other authority to be invalid for any reason. (1989, c. 634, s. 1.)
2023 North Carolina General Statutes › Chapter 78D - Commodities Act › Article 2 - Administration and Enforcement. › § 78D-28 - Consent to service of process.

§ 78D-28. Consent to service of process.
When a person, including a nonresident of this State, engages in conduct prohibited or made actionable by the Chapter or any rule or order of the Administrator, the engaging in the conduct shall constitute the appointment of the Administrator as the person's attorney to receive service of any lawful process in a noncriminal proceeding against the person, a successor, or personal representative, which grows out of that conduct and which is brought under the Chapter or any rule or order of the Administrator with the same force and validity as if served personally. (1989, c. 634, s. 1.)
2023 North Carolina General Statutes › Chapter 78D - Commodities Act › Article 2 - Administration and Enforcement. › § 78D-29 - Scope of the Chapter.

§ 78D-29. Scope of the Chapter.
(a) G.S. 78D-2, 78D-5 and 78D-6 apply to persons who sell or offer to sell when:
(1) An offer to sell is made in this State, or
(2) An offer to buy is made and accepted in this State.
(b) G.S. 78D-2, 78D-5 and 78D-6 apply to persons who buy or offer to buy when:
(1) An offer to buy is made in this State, or
(2) An offer to sell is made and accepted in this State.
(c) For the purpose of this section, an offer to sell or to buy is made in this State, whether or not either party is then present in this State, when the offer:
(1) Originates from this State, or
(2) Is directed by the offeror to this State and received at the place to which it is directed (or at any post office in this State in the case of a mailed offer).
(d) For the purpose of this section, an offer to buy or to sell is accepted in this State when acceptance:
(1) Is communicated to the offeror in this State, and
(2) Has not previously been communicated to the offeror, orally or in writing, outside this State; and acceptance is communicated to the offeror in this State, whether or not either party is then present in this State, when the offeree directs it to the offeror in this State, reasonably believing the offeror to be in this State and it is received at the place to which it is directed (or at any post office in this State in the case of a mailed acceptance).
(e) An offer to sell or to buy is not made in this State when:
(1) The publisher circulates or there is circulated on his behalf in this State any bona fide newspaper or other publication of general, regular, and paid circulation which is not published in this State, or which is published in this State but has had more than two-thirds of its circulation outside this State during the past 12 months, or
(2) A radio or television program originating outside this State is received in this State. (1989, c. 634, s. 1.)
2023 North Carolina General Statutes › Chapter 78D - Commodities Act › Article 2 - Administration and Enforcement. › § 78D-30 - Procedure for entry of an order.

§ 78D-30. Procedure for entry of an order.
(a) The Administrator shall commence an administrative proceeding under this Chapter, by entering either a notice of intent to do a contemplated act or a summary order. The notice of intent or summary order may be entered without notice, without opportunity for hearing, and need not be supported by findings of fact or conclusions of law, but must be in writing.
(b) Upon entry of a notice of intent or summary order, the Administrator shall promptly notify all interested parties that the notice or summary order has been entered and the reasons therefor. If the proceeding is pursuant to a notice of intent, the Administrator shall inform all interested parties of the dates, time, and place set for the hearing on the notice. If the proceeding is pursuant to a summary order, the Administrator shall inform all interested parties that they have 30 business days from the entry of the order to file a written request for a hearing on the matter with the Administrator and that the hearing will be scheduled within 20 days after the receipt of the written request.
(c) If the proceeding is pursuant to a summary order, the Administrator, whether or not a written request for a hearing is received from any interested party, may schedule the matter for hearing on the Administrator's own motion.
(d) If no request for a hearing, other responsive pleading, or submission is received by the Administrator within 30 business days of receipt of service of notice of summary order under subsection (b) of this section and no hearing is ordered by the Administrator, the summary order will automatically become a final order after 30 business days from the date service of the notice of summary order was received.
(e) If a hearing is requested or ordered, the Administrator, after notice of, and opportunity for, hearing to all interested persons, may modify or vacate the order or extend it until final determination.
(f) No final order or order after hearing may be returned without:
(1) Appropriate notice to all interested persons;
(2) Opportunity for hearing by all interested persons; and
(3) Entry of written findings of fact and conclusions of law.
Every hearing in an administrative proceeding under this Chapter shall be public unless the Administrator grants a request joined in by all the respondents that the hearing be conducted privately. (1989, c. 634, s. 1; 1998-196, s. 1; 2001-126, s. 8.)
2023 North Carolina General Statutes › Chapter 78D - Commodities Act › Article 2 - Administration and Enforcement. › § 78D-31 - Judicial review of orders.

§ 78D-31. Judicial review of orders.
(a) Any person aggrieved by a final order of the Administrator may obtain a review of the order in the Superior Court of Wake County by filing in court, within 30 days after a written copy of the decision is served upon the person by personal service or by registered or certified mail, a written petition praying that the order be modified or set aside in whole or in part. A copy of the petition shall be forthwith served upon the Administrator, and thereupon the Administrator shall certify and file in court a copy of the filing and evidence upon which the order was entered. When these have been filed, the court has exclusive jurisdiction to affirm, modify, enforce, or set aside the order, in whole or in part. The findings of the Administrator as to the facts, if supported by competent, material and substantial evidence, are conclusive. If either party applies to the court for leave to adduce additional material evidence, and shows to the satisfaction of the court that there were reasonable grounds for failure to adduce the evidence in the hearing before the Administrator, the court may order the additional evidence to be taken before the Administrator and to be adduced upon the hearing in such manner and upon such conditions as the court considers proper. The Administrator may modify his findings and order by reason of the additional evidence and shall file in court the additional evidence together with any modified or new findings or order. The judgment of the court is final, subject to review by the Court of Appeals.
(b) The commencement of proceedings under subsection (a) does not, unless specifically ordered by the court, operate as a stay of the Administrator's order. (1989, c. 634, s. 1.)
2023 North Carolina General Statutes › Chapter 78D - Commodities Act › Article 2 - Administration and Enforcement. › § 78D-32 - Pleading exemptions.

§ 78D-32. Pleading exemptions.
It shall not be necessary to negative any of the exemptions of this Chapter in any complaint, information or indictment, or any writ or proceeding brought under this chapter; and the burden of proof of any such exemption shall be upon the party claiming the same. (1989, c. 634, s. 1.)
2023 North Carolina General Statutes › Chapter 78D - Commodities Act › Article 2 - Administration and Enforcement. › § 78D-33 - Affirmative Defense.

§ 78D-33. Affirmative defense.
It shall be a defense in any complaint, information, indictment, any writ or proceeding brought under this Chapter alleging a violation of G.S. 78D-2 based solely on the failure in an individual case to make physical delivery within the applicable time period under G.S. 78D-1(5) or G.S. 78D-4(a)(2) if the party asserting the defense sustains the burden of proof that:
(1) Failure to make physical delivery was due solely to factors beyond the control of the seller, the seller's officers, directors, partners, agents, servants or employees, every person occupying a similar status or performing similar functions, every person who directly or indirectly controls or is controlled by the seller, or any of them, the seller's affiliates, subsidiaries or successors; and
(2) Physical delivery was completed within a reasonable time under the applicable circumstances. (1989, c. 634, s. 1.)
2023 North Carolina General Statutes › Chapter 80 - Trademarks, Brands, etc › Article 1 - Trademark Registration Act. › § 80-1 - Definitions.

§ 80-1. Definitions.
(a) The term "applicant" as used herein means the person filing an application for registration of a trademark under this Article, the person's legal representatives, successors or assigns.
(b) The term "mark" as used herein includes any trademark or service mark entitled to registration under this Article whether registered or not.
(c) The term "person" as used herein means any individual, firm, partnership, corporation, association, union or other organization.
(d) The term "registrant" as used herein means the person to whom the registration of a trademark under this Article is issued, the person's legal representatives, successors or assigns.
(d1) The term "Secretary" as used herein means the Secretary of State or the designee of the Secretary charged with the administration of this Article.
(e) The term "service mark" as used herein means a mark used in the sale or advertising of services to identify the services of one person and distinguish them from the services of others.
(f) The term "trademark" as used herein means any word, name, symbol, or device or any combination thereof adopted and used by a person to identify goods made, sold, or distributed by him and to distinguish them from goods made, sold, or distributed by others.
(g) The term "use" means the bona fide use of a mark in the State of North Carolina in the ordinary course of trade, and not merely the reservation of a right to a mark. For the purposes of this Article, a mark shall be deemed to be "used" in this State (i) on goods when it is placed in any manner on the goods or their containers or the displays associated therewith or on the tags or labels affixed thereto, or if the nature of the goods makes placement impractical, then on documents associated with the goods, and the goods are currently sold or otherwise distributed in the State, and (ii) on services when it is used or displayed in the sale or advertising of services and the services are currently being rendered in this State, or are being offered and are available to be rendered in this State.
(h) A mark shall be deemed to be "abandoned" when either of the following occurs:
(1) When its use has been discontinued with intent not to resume its use. Intent not to resume may be inferred from circumstances. Nonuse for three consecutive years shall constitute prima facie evidence of abandonment.
(2) When any course of conduct of the owner, including acts of omission as well as commission, causes the mark to lose its significance as a mark. (1903, c. 271; Rev., s. 3012; C.S., s. 3971; 1941, c. 255, s. 1; 1967, c. 1007, s. 1; 1991, c. 626, s. 1; 1997-476, s. 1.)
2023 North Carolina General Statutes › Chapter 80 - Trademarks, Brands, etc › Article 1 - Trademark Registration Act. › § 80-1.1 - Purpose.

§ 80-1.1. Purpose.
The purpose of this Article is to provide a system of State trademark registration and protection substantially consistent with the federal system of trademark registration and protection under the Trademark Act of 1946, 15 U.S.C. § 1051, et seq., as amended. The construction given the federal act should be examined as persuasive authority for interpreting and construing this Article. (1997-476, s. 2.)