reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 52C - Uniform Interstate Family Support Act › Article 7 - Support Proceeding Under Convention. › § 52C-7-706 - Registration of Convention support order.

§ 52C-7-706. Registration of Convention support order.
(a) Except as otherwise provided in this Article, a party who is an individual or a support enforcement agency seeking recognition of a Convention support order shall register the order in this State as provided in Article 6 of this Chapter.
(b) Notwithstanding G.S. 52C-3-310 and G.S. 52C-6-602(a), a request for registration of a Convention support order must be accompanied by:
(1) A complete text of the support order or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by the Hague Conference on Private International Law;
(2) A record stating that the support order is enforceable in the issuing country;
(3) If the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal;
(4) A record showing the amount of arrears, if any, and the date the amount was calculated;
(5) A record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations; and
(6) If necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country.
(c) A request for registration of a Convention support order may seek recognition and partial enforcement of the order.
(d) A tribunal of this State may vacate the registration of a Convention support order without the filing of a contest under G.S. 52C-7-707 only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy.
(e) The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a Convention support order. (2015-117, s. 1.)
2023 North Carolina General Statutes › Chapter 52C - Uniform Interstate Family Support Act › Article 7 - Support Proceeding Under Convention. › § 52C-7-707 - Contest of registered Convention support order.

§ 52C-7-707. Contest of registered Convention support order.
(a) Except as otherwise provided in this Article, G.S. 52C-6-605 through G.S. 52C-6-608 apply to a contest of a registered Convention support order.
(b) A party contesting a registered Convention support order shall file a contest not later than 30 days after notice of the registration, but if the contesting party does not reside in the United States, the contest must be filed not later than 60 days after notice of the registration.
(c) If the nonregistering party fails to contest the registered Convention support order by the time specified in subsection (b) of this section, the order is enforceable.
(d) A contest of a registered Convention support order may be based only on grounds set forth in G.S. 52C-7-708. The contesting party bears the burden of proof.
(e) In a contest of a registered Convention support order, a tribunal of this State:
(1) Is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and
(2) May not review the merits of the order.
(f) A tribunal of this State deciding a contest of a registered Convention support order shall promptly notify the parties of its decision.
(g) A challenge or appeal, if any, does not stay the enforcement of a Convention support order unless there are exceptional circumstances. (2015-117, s. 1.)
2023 North Carolina General Statutes › Chapter 52C - Uniform Interstate Family Support Act › Article 7 - Support Proceeding Under Convention. › § 52C-7-708 - Recognition and enforcement of registered Convention support order.

§ 52C-7-708. Recognition and enforcement of registered Convention support order.
(a) Except as otherwise provided in subsection (b) of this section, a tribunal of this State shall recognize and enforce a registered Convention support order.
(b) The following grounds are the only grounds on which a tribunal of this State may refuse recognition and enforcement of a registered Convention support order:
(1) Recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard.
(2) The issuing tribunal lacked personal jurisdiction consistent with G.S. 52C-2-201.
(3) The order is not enforceable in the issuing country.
(4) The order was obtained by fraud in connection with a matter of procedure.
(5) A record transmitted in accordance with G.S. 52C-7-706 lacks authenticity or integrity.
(6) A proceeding between the same parties and having the same purpose is pending before a tribunal of this State and that proceeding was the first to be filed.
(7) The order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under this Chapter in this State.
(8) Payment, to the extent alleged arrears have been paid in whole or in part.
(9) In a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country:
a. If the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or
b. If the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal.
(10) The order was made in violation of G.S. 52C-7-711.
(c) If a tribunal of this State does not recognize a Convention support order under subdivision (b)(2), (4), or (9) of this section, then:
(1) The tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new Convention support order; and
(2) The Department and the county child support agency shall take all appropriate measures to request a child support order for the obligee if the application for recognition and enforcement was received under G.S. 52C-7-704. (2015-117, s. 1.)
2023 North Carolina General Statutes › Chapter 52C - Uniform Interstate Family Support Act › Article 7 - Support Proceeding Under Convention. › § 52C-7-709 - Partial enforcement.

§ 52C-7-709. Partial enforcement.
If a tribunal of this State does not recognize and enforce a Convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a Convention support order. (2015-117, s. 1.)
2023 North Carolina General Statutes › Chapter 52C - Uniform Interstate Family Support Act › Article 7 - Support Proceeding Under Convention. › § 52C-7-710 - Foreign support agreement.

§ 52C-7-710. Foreign support agreement.
(a) Except as otherwise provided in subsections (c) and (d) of this section, a tribunal of this State shall recognize and enforce a foreign support agreement registered in this State.
(b) An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by each of the following:
(1) A complete text of the foreign support agreement.
(2) A record stating that the foreign support agreement is enforceable as an order of support in the issuing country.
(c) A tribunal of this State may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.
(d) In a contest of a foreign support agreement, a tribunal of this State may refuse recognition and enforcement of the agreement if it finds any of the following:
(1) Recognition and enforcement of the agreement is manifestly incompatible with public policy.
(2) The agreement was obtained by fraud or falsification.
(3) The agreement is incompatible with a support order involving the same parties and having the same purpose in this State, another state, or a foreign country if the support order is entitled to recognition and enforcement under this Chapter in this State.
(4) The record submitted under subsection (b) of this section lacks authenticity or integrity.
(e) A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country. (2015-117, s. 1.)
2023 North Carolina General Statutes › Chapter 52C - Uniform Interstate Family Support Act › Article 7 - Support Proceeding Under Convention. › § 52C-7-711 - Modification of Convention child support order.

§ 52C-7-711. Modification of Convention child support order.
(a) A tribunal of this State may not modify a Convention child support order if the obligee remains a resident of the foreign country where the support order was issued unless:
(1) The obligee submits to the jurisdiction of a tribunal of this State, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or
(2) The foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.
(b) If a tribunal of this State does not modify a Convention child support order because the order is not recognized in this State, G.S. 52C-7-708(c) applies. (2015-117, s. 1.)
2023 North Carolina General Statutes › Chapter 52C - Uniform Interstate Family Support Act › Article 7 - Support Proceeding Under Convention. › § 52C-7-712 - Personal information; limit on use.

§ 52C-7-712. Personal information; limit on use.
Personal information gathered or transmitted under this Article may be used only for the purposes for which it was gathered or transmitted. (2015-117, s. 1.)
2023 North Carolina General Statutes › Chapter 52C - Uniform Interstate Family Support Act › Article 7 - Support Proceeding Under Convention. › § 52C-7-713 - Record in original language; English translation.

§ 52C-7-713. Record in original language; English translation.
A record filed with a tribunal of this State under this Article must be in the original language and, if not in English, must be accompanied by an English translation. (2015-117, s. 1.)
2023 North Carolina General Statutes › Chapter 52C - Uniform Interstate Family Support Act › Article 8 - Interstate Rendition. › § 52C-8-801 - Grounds for rendition.

§ 52C-8-801. Grounds for rendition.
(a) For purposes of this Article, "governor" includes an individual performing the functions of governor or the executive authority of a state covered by this Chapter.
(b) The Governor of this State may:
(1) Demand that the governor of another state surrender an individual found in the other state who is charged criminally in this State with having failed to provide for the support of an obligee; or
(2) On the demand of the governor of another state, surrender an individual found in this State who is charged criminally in the other state with having failed to provide for the support of an obligee.
(c) A provision for extradition of individuals not inconsistent with this Chapter applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom. (1995, c. 538, s. 7(c); 2015-117, s. 1.)
2023 North Carolina General Statutes › Chapter 52C - Uniform Interstate Family Support Act › Article 8 - Interstate Rendition. › § 52C-8-802 - Conditions of rendition.

§ 52C-8-802. Conditions of rendition.
(a) Before making demand that the governor of another state surrender an individual charged criminally in this State with having failed to provide for the support of an obligee, the Governor of this State may require a prosecutor of this State to demonstrate that at least 60 days previously the obligee has initiated proceedings for support pursuant to this Chapter or that the proceeding would be of no avail.
(b) If, under this Chapter or a law substantially similar to this Chapter, the governor of another state makes a demand that the Governor of this State surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.
(c) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the governor may decline to honor the demand if the individual is complying with the support order. (1995, c. 538, s. 7(c); 2015-117, s. 1.)
2023 North Carolina General Statutes › Chapter 52C - Uniform Interstate Family Support Act › Article 9 - Miscellaneous Provisions. › § 52C-9-901 - Uniformity of application and construction.

§ 52C-9-901. 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. (1995, c. 538, s. 7(c); 2015-117, s. 1.)
2023 North Carolina General Statutes › Chapter 52C - Uniform Interstate Family Support Act › Article 9 - Miscellaneous Provisions. › § 52C-9-901.1 - Transitional provision.

§ 52C-9-901.1. Transitional provision.
This Chapter applies to proceedings begun on or after the effective date of this Chapter to establish a support order or determine parentage of a child or to register, recognize, enforce, or modify a prior support order, determination, or agreement, whenever issued or entered. (2015-117, s. 1.)
2023 North Carolina General Statutes › Chapter 52C - Uniform Interstate Family Support Act › Article 9 - Miscellaneous Provisions. › § 52C-9-902 - Severability clause.

§ 52C-9-902. Severability clause.
If any provision of this Chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Chapter which can be given effect without the invalid provision or application, and to this end the provisions of this Chapter are severable. (1995, c. 538, s. 7(c).)
2023 North Carolina General Statutes › Chapter 53 - Regulation of Financial Services › Article 1A - General Provisions. › § 53-1.1 - Banking definitions applicable to this Chapter.

§ 53-1.1. Banking definitions applicable to this Chapter.
Except as otherwise provided by law, the definitions contained in G.S. 53C-1-4 shall apply to terms used in this Chapter. (2012-56, s. 3.)
2023 North Carolina General Statutes › Chapter 53 - Regulation of Financial Services › Article 3 - Dissolution and Liquidation.

§ 53-18: Repealed by Session Laws 2012-56, s. 1, effective October 1, 2012.
§ 53-19: Repealed by Session Laws 2012-56, s. 1, effective October 1, 2012.
§ 53-20: Repealed by Session Laws 2012-56, s. 1, effective October 1, 2012.
§ 53-21: Repealed by Session Laws 2012-56, s. 1, effective October 1, 2012.
§ 53-22: Repealed by Session Laws 2012-56, s. 1, effective October 1, 2012.
§ 53-23: Repealed by Session Laws 2012-56, s. 1, effective October 1, 2012.
§ 53-24: Repealed by Session Laws 2012-56, s. 1, effective October 1, 2012.
§ 53-25: Repealed by Session Laws 2012-56, s. 1, effective October 1, 2012.
§ 53-26: Repealed by Session Laws 2012-56, s. 1, effective October 1, 2012.
§ 53-27: Repealed by Session Laws 2012-56, s. 1, effective October 1, 2012.
§ 53-28: Repealed by Session Laws 2012-56, s. 1, effective October 1, 2012.
§ 53-29: Repealed by Session Laws 2012-56, s. 1, effective October 1, 2012.
§ 53-30: Repealed by Session Laws 2012-56, s. 1, effective October 1, 2012.
§ 53-31: Repealed by Session Laws 2012-56, s. 1, effective October 1, 2012.
§ 53-32: Repealed by Session Laws 2012-56, s. 1, effective October 1, 2012.
§ 53-33: Repealed by Session Laws 2012-56, s. 1, effective October 1, 2012.
§ 53-34: Repealed by Session Laws 2012-56, s. 1, effective October 1, 2012.
§ 53-35: Repealed by Session Laws 2012-56, s. 1, effective October 1, 2012.
§ 53-36: Repealed by Session Laws 2012-56, s. 1, effective October 1, 2012.
2023 North Carolina General Statutes › Chapter 53 - Regulation of Financial Services › Article 4 - Reopening of Closed Banks.

§ 53-37: Repealed by Session Laws 2012-56, s. 1, effective October 1, 2012.
§ 53-38: Repealed by Session Laws 2012-56, s. 1, effective October 1, 2012.
2023 North Carolina General Statutes › Chapter 53 - Regulation of Financial Services › Article 5 - Stockholders.

§ 53-39: Repealed by Session Laws 2012-56, s. 1, effective October 1, 2012.
§ 53-40: Repealed by Session Laws 2012-56, s. 1, effective October 1, 2012.
§ 53-41: Repealed by Session Laws 2012-56, s. 1, effective October 1, 2012.
§ 53-42: Repealed by Session Laws 2012-56, s. 1, effective October 1, 2012.
§ 53-42.1: Repealed by Session Laws 2012-56, s. 1, effective October 1, 2012.
2023 North Carolina General Statutes › Chapter 53 - Regulation of Financial Services › Article 9 - Bank Examiners.

§ 53-117: Repealed by Session Laws 2012-56, s. 1, effective October 1, 2012.
§ 53-118: Repealed by Session Laws 2012-56, s. 1, effective October 1, 2012.
§ 53-119: Repealed by Session Laws 2012-56, s. 1, effective October 1, 2012.
§ 53-120: Repealed by Session Laws 2012-56, s. 1, effective October 1, 2012.
§ 53-121: Repealed by Session Laws 2012-56, s. 1, effective October 1, 2012.
§ 53-122: Repealed by Session Laws 2012-56, s. 1, effective October 1, 2012.
§ 53-123: Repealed by Session Laws 2012-56, s. 1, effective October 1, 2012.
2023 North Carolina General Statutes › Chapter 53 - Regulation of Financial Services › Article 10 - Penalties.

§ 53-124: Repealed by Session Laws 2012-56, s. 1, effective October 1, 2012.
§ 53-125: Repealed by Session Laws 2012-56, s. 1, effective October 1, 2012.
§ 53-126: Repealed by Session Laws 2012-56, s. 1, effective October 1, 2012.
§ 53-127: Repealed by Session Laws 2012-56, s. 1, effective October 1, 2012.
§ 53-128: Repealed by Session Laws 2012-56, s. 1, effective October 1, 2012.
§ 53-129: Repealed by Session Laws 2012-56, s. 1, effective October 1, 2012.
§ 53-130: Repealed by Session Laws 2012-56, s. 1, effective October 1, 2012.
§ 53-131: Repealed by Session Laws 2012-56, s. 1, effective October 1, 2012.
§ 53-132: Repealed by Session Laws 2012-56, s. 1, effective October 1, 2012.
§ 53-133: Repealed by Session Laws 2012-56, s. 1, effective October 1, 2012.
§ 53-134: Repealed by Session Laws 2012-56, s. 1, effective October 1, 2012.
§ 53-135: Repealed by Session Laws 2012-56, s. 1, effective October 1, 2012.
2023 North Carolina General Statutes › Chapter 53 - Regulation of Financial Services › Article 11 - Industrial Banks. › § 53-136 - Industrial bank defined.

§ 53-136. Industrial bank defined.
The term "industrial bank," as used in this Article shall be construed to mean any corporation organized or authorized under this Article which is engaged in receiving, soliciting or accepting money or its equivalent on deposit and in lending money to be repaid in weekly, monthly, or other periodical installments or principal sums as a business: Provided, however, this definition shall not be construed to include building and loan associations, commercial banks, or credit unions. (1923, c. 225, s. 1; C.S., s. 225(a); 1945, c. 743, s. 1.)
2023 North Carolina General Statutes › Chapter 53 - Regulation of Financial Services › Article 11 - Industrial Banks. › § 53-137 - Manner of organization.

§ 53-137. Manner of organization.
Any number of persons, not less than five, may organize an industrial bank by setting forth in a certificate of incorporation, under their hands and seals, the following:
(1) The name of the industrial bank.
(2) The location of its principal office in this State.
(3) The nature of its business.
(4) The amount of its authorized capital stock which shall be divided into shares of ten ($10.00), twenty ($20.00), twenty-five ($25.00), fifty ($50.00) or one hundred dollars ($100.00) each: Provided, fractional shares may be issued for the purpose of complying with the requirements of G.S. 53-88.
(5) The names and post-office addresses of subscribers for stock, and the number of shares subscribed by each. The aggregate of such subscription shall be the amount of the capital with which the industrial bank will begin business.
(6) Period, if any, limited for the duration of the industrial bank.
This section shall not apply to banks organized and doing business prior to the adoption of this section. (1923, c. 225, s. 2; C.S., s. 225(b); 1945, c. 743, s. 1.)
2023 North Carolina General Statutes › Chapter 53 - Regulation of Financial Services › Article 11 - Industrial Banks. › § 53-138 - Corporate title.

§ 53-138. Corporate title.
Every corporation incorporated or reorganized pursuant to the provisions of this Article shall be known as an industrial bank, and may use the word "bank" as part of its corporate title. (1923, c. 225, s. 3; C.S., s. 225(c).)
2023 North Carolina General Statutes › Chapter 53 - Regulation of Financial Services › Article 11 - Industrial Banks. › § 53-139 - Capital stock.

§ 53-139. Capital stock.
The amount of capital stock with which any industrial bank shall commence business shall not be less than fifty percent (50%) of that which would be required of a commercial bank under the provisions of G.S. 53-2. (1923, c. 225, s. 4; C.S., s. 225(d); 1967, c. 789, s. 18.)
2023 North Carolina General Statutes › Chapter 53 - Regulation of Financial Services › Article 11 - Industrial Banks. › § 53-140 - Sales of capital stock; accounting; fees.

§ 53-140. Sales of capital stock; accounting; fees.
The capital stock sold by any industrial bank in process of organization, or for an increase of the capital stock, shall be accounted for to the bank in the full amount paid for the same. No commission or fee shall be paid to any person, association, or corporation for selling such stock. The Commissioner of Banks shall refuse authority to commence business to any industrial bank where commissions or fees have been paid, or have been contracted to be paid by it, or by anyone in its behalf to any person, association, or corporation for securing subscriptions for or selling stock in such bank. (1923, c. 225, s. 5; C.S., s. 225(e); 1931, c. 243, s. 5.)
2023 North Carolina General Statutes › Chapter 53 - Regulation of Financial Services › Article 11 - Industrial Banks. › § 53-142 - Restriction on powers.

§ 53-142. Restriction on powers.
No industrial bank shall deposit any of its funds in any banking corporation unless such corporation has been designated as such depositary by a vote of a majority of the directors, or of the executive committee, exclusive of any director who is an officer, director, or trustee of the depositary so designated, present at any meeting duly called at which a quorum is in attendance, and approved by the Commissioner of Banks. (1923, c. 225, s. 7; C.S., s. 225(g); 1931, c. 243, s. 5; 1937, c. 220.)
2023 North Carolina General Statutes › Chapter 53 - Regulation of Financial Services › Article 11 - Industrial Banks. › § 53-143 - Investments; securities; loans; limitations.

§ 53-143. Investments; securities; loans; limitations.
The provisions of G.S. 53-46, 53-48 and 53-49, with reference to the limitations of investments in securities, limitations of loans and suspensions of investment and loan limitations, shall be applicable to industrial banks. (1923, c. 225, s. 8; C.S., s. 225(h); 1945, c. 127, s. 2.)
2023 North Carolina General Statutes › Chapter 53 - Regulation of Financial Services › Article 11 - Industrial Banks. › § 53-144 - Supervision and examination.

§ 53-144. Supervision and examination.
Every industrial bank now or hereafter transacting the business of an industrial bank as defined by this Article, whether as a separate business or in connection with any other business under the laws of and within this State, shall be subject to the provisions of this Article, and shall be under the supervision of the Commissioner of Banks. The Commissioner of Banks shall exercise control of and supervision over the industrial banks doing business under this Article, and it shall be his duty to execute and enforce, through the State bank examiners and such other agents as are now or may hereafter be created or appointed, all laws which are now or may hereafter be enacted relating to industrial banks as defined in this Article. For the more complete and thorough enforcement of the provisions of this Article, the State Banking Commission is hereby empowered to promulgate such rules, regulations, and instructions, not inconsistent with the provisions of this Article, as may, in its opinion, be necessary to carry out the provisions of the laws relating to industrial banks as in this Article defined, and as may be further necessary to insure such safe and conservative management of industrial banks under the supervision of the Commissioner of Banks as may provide adequate protection for the interest of creditors, stockholders, and the public, in their relations with such institutions. All industrial banks doing business under the provisions of this Article shall conduct their business in a manner consistent with all laws relating to industrial banks, and all rules, regulations and instructions that may be promulgated or issued by the State Banking Commission. (1923, c. 225, s. 11; C.S., s. 225(k); 1931, c. 243, s. 5; 1939, c. 91, s. 2.)
2023 North Carolina General Statutes › Chapter 53 - Regulation of Financial Services › Article 11 - Industrial Banks. › § 53-145 - Sections of general law applicable.

§ 53-145. Sections of general law applicable.
Sections 53-1, 53-3, 53-4, 53-5, 53-6, 53-7, 53-8, 53-9, 53-10, 53-11, 53-12, 53-13, 53-18, 53-20, 53-22, 53-23, 53-42, 53-42.1, 53-47, 53-50, 53-51, 53-54, 53-63, 53-64, 53-67, 53-68, 53-70, 53-71, 53-73, 53-78, 53-79, 53-80, 53-81, 53-82, 53-83, 53-85, 53-87, 53-88, 53-90, 53-91.2, 53-91.3, 53-105, 53-106, 53-107, 53-108, 53-109, 53-110, 53-111, 53-112, 53-117, 53-118, 53-119, 53-120, 53-121, 53-122, 53-123, 53-124, 53-125, 53-126, 53-128, 53-129, 53-132, 53-133, 53-134, relating to the supervision and examination of commercial banks, shall be construed to be applicable to industrial banks, insofar as they are not inconsistent with the provisions of this Article. Sections 53-19, 53-24, 53-37, 53-39, 53-40, 53-41, 53-44, 53-45, 53-61, 53-75, 53-76, 53-77, 53-86, 53-113, 53-114, 53-115, 53-116, 53-135, 53-146, and 53-148 through 53-158, relating to commercial banks, shall be construed to be applicable to industrial banks. (1923, c. 225, s. 13; C.S., s. 225(m); 1927, c. 141; 1939, c. 244, s. 3; 1945, c. 743, s. 1; 1981, c. 671, s. 14; 1995, c. 129, s. 27.)
2023 North Carolina General Statutes › Chapter 53 - Regulation of Financial Services › Article 14 - Trust Institutions Acting in a Fiduciary Capacity. › § 53-158.10 - Definitions.

§ 53-158.10. Definitions.
For purposes of this Article, the following definitions apply:
(1) "Depository institution" has the same meaning as set forth in the Federal Deposit Insurance Act, 12 U.S.C. §§ 1811, et seq.
(2) "Hazardous condition" has the same meaning as set forth in G.S. 53-301(a)(23).
(3) "Trust institution" has the same meaning as set forth in G.S. 53-301(a)(52). (2011-339, s. 7.)
2023 North Carolina General Statutes › Chapter 53 - Regulation of Financial Services › Article 14 - Trust Institutions Acting in a Fiduciary Capacity. › § 53-159 - Trust institution may act as fiduciary.

§ 53-159. Trust institution may act as fiduciary.
Any trust institution licensed by the Commissioner of Banks, where such powers or privileges are granted it in its charter, may be guardian, trustee, assignee, receiver, executor or administrator or act in another fiduciary capacity in this State without giving any bond; and the clerks of the superior courts, or other officers charged with the duty or clothed with the power of making such appointments, are authorized to appoint such trust institution to any such office. (1945, c. 743, s. 1; 2001-263, s. 3; 2011-339, s. 7.)
2023 North Carolina General Statutes › Chapter 53 - Regulation of Financial Services › Article 14 - Trust Institutions Acting in a Fiduciary Capacity. › § 53-159.1 - Power of fiduciary or custodian to deposit securities in a clearing corporation.

§ 53-159.1. Power of fiduciary or custodian to deposit securities in a clearing corporation.
Notwithstanding any other provision of law, any fiduciary holding securities in its fiduciary capacity, any trust institution holding securities in a fiduciary capacity or as a custodian or agent is authorized to deposit or arrange for the deposit of such securities with a securities intermediary as defined in G.S. 25-8-102. When such securities are so deposited, certificates representing securities of the same class of the same issuer may be merged and held in bulk in the name of the nominee of such securities intermediary with any other such securities deposited in such securities intermediary by any person regardless of the ownership of such securities, and certificates of small denomination may be merged into one or more certificates of larger denomination. The records of such fiduciary and the records of such trust institution acting as a fiduciary or as a custodian or managing agent shall at all times show the name of the party for whose account the securities are so deposited. Title to such securities may be transferred by bookkeeping entry on the books of such securities intermediary without physical delivery of certificates representing such securities. A trust institution so depositing securities pursuant to this section shall be subject to such rules as, in the case of State-chartered institutions, the State Banking Commission and, in the case of other institutions, their regulators may from time to time issue. A trust institution acting as custodian or agent for a fiduciary shall, on demand by the fiduciary, certify in writing to the fiduciary the securities so deposited by such trust institution in such securities intermediary for the account of such fiduciary. A fiduciary shall, on demand by any party to a judicial proceeding for the settlement of such fiduciary's account or on demand by the attorney for such party, certify in writing to such party the securities deposited by such fiduciary in such securities intermediary for its account as such fiduciary. This section shall apply to any fiduciary holding securities in its fiduciary capacity, and to any trust institution holding securities as a fiduciary or as a custodian or managing agent acting on May 15, 1973, or who thereafter may act regardless of the date of the agreement, instrument or court order by which it is appointed and regardless of whether or not such fiduciary, custodian or agent owns capital stock of such securities intermediary. The fiduciary shall personally be liable for any loss to the trust resulting from an act of such nominee in connection with such securities so deposited. (1973, c. 497, s. 4; 1997-181, s. 26; 2001-263, s. 3; 2011-339, s. 7.)
2023 North Carolina General Statutes › Chapter 53 - Regulation of Financial Services › Article 14 - Trust Institutions Acting in a Fiduciary Capacity. › § 53-160 - License to do business.

§ 53-160. License to do business.
Before any such trust institution is authorized to act in any fiduciary capacity without bond, it must be licensed by the Commissioner of Banks of the State. For such license the licensee, for the purpose of defraying necessary expenses of the Commissioner of Banks and the Commissioner's agents, shall pay to the Commissioner of Banks an annual license fee of five hundred dollars ($500.00). (1945, c. 743, s. 1; 1967, c. 789, s. 20; 2001-263, s. 3; 2004-171, s. 5; 2011-339, s. 7.)
2023 North Carolina General Statutes › Chapter 53 - Regulation of Financial Services › Article 14 - Trust Institutions Acting in a Fiduciary Capacity. › § 53-161 - Examination in connection with license as to solvency.

§ 53-161. Examination in connection with license as to solvency.
The Commissioner of Banks may, at the expense of the trust institution, make or cause to be made an examination of any trust institution, other than a federally chartered trust institution, that applies for or is licensed by the Commissioner of Banks. The Commissioner of Banks may refuse to issue a license to a trust institution that it finds to be in a hazardous condition. (1945, c. 743, s. 1; 2001-263, s. 3; 2011-339, s. 7.)
2023 North Carolina General Statutes › Chapter 53 - Regulation of Financial Services › Article 14 - Trust Institutions Acting in a Fiduciary Capacity. › § 53-163 - Clerk of superior court notified of license and revocation.

§ 53-163. Clerk of superior court notified of license and revocation.
The Commissioner of Banks, upon granting license to any trust institution, shall immediately notify the clerk of the superior court of each county in the State that the trust institution has been licensed under this Article, and, whenever the Commissioner of Banks is satisfied that any trust institution licensed by the Commissioner is in a hazardous condition, the Commissioner shall revoke the license granted to that trust institution and notify the clerk of the superior court of each county in the State of the revocation. (1945, c. 743, s. 1; 2001-263, s. 3; 2011-339, s. 7.)
2023 North Carolina General Statutes › Chapter 53 - Regulation of Financial Services › Article 14 - Trust Institutions Acting in a Fiduciary Capacity. › § 53-163.2 - Investments in securities by trust institutions.

§ 53-163.2. Investments in securities by trust institutions.
Unless the governing instrument, court order, or a statute specifically directs otherwise, a trust institution serving as trustee, guardian, agent, or in any other fiduciary capacity may invest in any security authorized by this Chapter even if such fiduciary or an affiliate thereof participates or has participated as a member of a syndicate underwriting such security, if:
(1) The fiduciary does not purchase the security from itself or its affiliate; and
(2) The fiduciary does not purchase the security from another syndicate member or an affiliate, pursuant to an implied or express agreement between the fiduciary or its affiliate and a selling member or its affiliate, to purchase all or part of each other's underwriting commitments. (1985, c. 549, s.1; 2005-192, s. 1; 2007-106, s. 51; 2011-339, s. 7.)
2023 North Carolina General Statutes › Chapter 53 - Regulation of Financial Services › Article 14 - Trust Institutions Acting in a Fiduciary Capacity. › § 53-163.3 - Fiduciary funds awaiting investment.

§ 53-163.3. Fiduciary funds awaiting investment.
A bank that is a trust institution may maintain separate departments and deposit in its commercial department to the credit of its trust department all uninvested fiduciary funds of cash and secure all such deposits in the name of the trust department, whether in consolidated deposits or for separate fiduciary accounts, by segregating and delivering to the trust department such securities as are required by G.S. 53-163.1 for such deposits. Such securities shall be held by the trust department as security for the full payment or repayment of all such deposits and shall be kept separate and apart from other assets of the trust department. Until all of the deposits shall have been accounted for to the trust department or to the individual fiduciary accounts, no creditor of the bank shall have any claim or right to such security. When fiduciary funds are deposited by the trust department in the commercial department of the bank, the deposit thereof shall not be deemed to constitute a use of such funds in the general business of the bank. To the extent and in the amount such deposits may be insured by the FDIC, the amount of security required for such deposits by this section may be reduced. The Banking Commission shall have power to make such rules as it may deem necessary for the enforcement of the provisions of this section. (2012-56, s. 10.)
2023 North Carolina General Statutes › Chapter 53 - Regulation of Financial Services › Article 14 - Trust Institutions Acting in a Fiduciary Capacity. › § 53-163.5 - Establishment of common trust funds.

§ 53-163.5. Establishment of common trust funds.
(a) Any trust institution duly authorized to act as a fiduciary in this State may establish and maintain one or more common trust funds for the collective investment of funds held in a fiduciary capacity by such trust institution hereafter referred to as the "maintaining institution." The maintaining institution may include for the purposes of collective investment in such common trust fund or funds established and maintained by it, funds held in a fiduciary capacity by any other trust institution duly authorized to act as a fiduciary with which it is affiliated, wherever located, which other trust institution is hereinafter referred to as the "participating institution."
(b) For the purposes of this section, a maintaining institution shall be considered to be affiliated with a participating institution if it controls, is controlled by, or is under common control with the participating institution, as control is determined under the federal Bank Holding Company Act of 1956 or by rule, order, or declaratory ruling of the Commissioner of Banks.
(c) Such common trust funds may include a fund composed solely of funds held under an agency agreement in which the trust institution assumes investment discretion and assumes fiduciary responsibility.
(d) Such trust institution may invest the funds held by it in any fiduciary capacity in one or more common trust funds, provided that (i) such investment is not prohibited by the instrument, judgment, decree or order creating such fiduciary relationship or amendment thereof, and (ii) the trust institution has no interest in the assets of the common trust fund other than as a fiduciary. (1939, c. 200, s. 1; 1973, c. 1276; 1977, c. 502, s. 2; 2005-192, s. 1; 2006-259, s. 13(q); 2011-339, s. 7.)
2023 North Carolina General Statutes › Chapter 53 - Regulation of Financial Services › Article 14 - Trust Institutions Acting in a Fiduciary Capacity. › § 53-163.6 - Court accountings.

§ 53-163.6. Court accountings.
Unless ordered by a court of competent jurisdiction the trust institution operating such common trust fund or funds shall not be required to render a court accounting with regard to such fund or funds; but it may, by application to the superior court, secure approval of such an accounting on such conditions as the court may establish. This section shall not affect the duties of the trustees of the participating trusts under the common trust fund to render accounts of their several trusts. (1939, c. 200, s. 2; 1977, c. 502, s. 2; 2005-192, s. 1; 2011-339, s. 7.)
2023 North Carolina General Statutes › Chapter 53 - Regulation of Financial Services › Article 14 - Trust Institutions Acting in a Fiduciary Capacity. › § 53-163.7 - Supervision by State Banking Commission.

§ 53-163.7. Supervision by State Banking Commission.
All common trust funds established under the provisions of this Part shall be subject to the rules and regulations of the State Banking Commission. (1939, c. 200, s. 3; 1977, c. 502, s. 2; 2005-192, s. 1.)
2023 North Carolina General Statutes › Chapter 53 - Regulation of Financial Services › Article 14 - Trust Institutions Acting in a Fiduciary Capacity. › § 53-163.8 - Uniformity of interpretation.

§ 53-163.8. Uniformity of interpretation.
This Part shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. (1939, c. 200, s. 4; 1977, c. 502, s. 2; 2005-192, s. 1.)
2023 North Carolina General Statutes › Chapter 53 - Regulation of Financial Services › Article 14 - Trust Institutions Acting in a Fiduciary Capacity. › § 53-163.9 - Short title.

§ 53-163.9. Short title.
This Part may be cited as the Uniform Common Trust Fund Act. (1939, c. 200, s. 5; 1977, c. 502, s. 2; 2005-192, s. 1.)
2023 North Carolina General Statutes › Chapter 53 - Regulation of Financial Services › Article 15 - North Carolina Consumer Finance Act. › § 53-165 - Definitions.

§ 53-165. Definitions.
The following definitions apply in this Article:
(1) Amount financed. – The amount of cash or its equivalent the borrower actually receives or is paid out at the borrower's discretion or on the borrower's behalf, including the charges authorized by G.S. 53-173, 53-176, 53-177(a) and (d), 53-177.1, and 53-189. The term includes both of the following:
a. Fees and charges prescribed by law that actually are or will be paid by a licensee for determining the existence of or for perfecting, releasing, or satisfying a security interest related to a loan under this Article.
b. Premiums payable for insurance in lieu of perfecting a security interest otherwise required by a licensee in connection with a loan under this Article if the premium does not exceed the fees and charges described in sub-subdivision a. of this subdivision that would otherwise be payable.
(2) Borrower. – Any person that borrows money from any licensee or that pays or obligates oneself to pay any money or otherwise furnishes any valuable consideration to any licensee for any act of the licensee as a licensee.
(3) Commission. – The State Banking Commission.
(4) Commissioner. – The Commissioner of Banks.
(5) Electronic payment. – An electronic or digital means of transferring funds as an alternative to a cash payment. The term includes a payment using an automated clearing house (ACH) transaction, a credit or debit card, a mobile wallet, a unified payments interface (UPI), internet banking, or mobile banking.
(6) License. – The certificate issued by the Commissioner under the authority of this Article to conduct a consumer finance business.
(7) Licensee. – A person to which one or more licenses have been issued.
(8) Loan amount. – The aggregate of the amount financed and all charges authorized by this Article.
(9) Loanable assets. – Cash or bank deposits or installment loans made as a licensee pursuant to this Article or installment loans made as a licensee pursuant to the Article that this Article supersedes or other loans payable on an installment basis as approved by the Commissioner, or any combination thereof.
(10) Person. – Includes any person, firm, partnership, association, or corporation.
(11) Servicing loans. – Receiving any scheduled periodic payments from a borrower regarding a loan made pursuant to this Article and making the payments to the owner of the loan or another third party. (1957, c. 1429, s. 1; 1961, c. 1053, s. 1; 2001-519, s. 1; 2023-61, s. 1.)
2023 North Carolina General Statutes › Chapter 53 - Regulation of Financial Services › Article 15 - North Carolina Consumer Finance Act. › § 53-167 - Expenses of supervision.

§ 53-167. Expenses of supervision.
For the purpose of defraying necessary expenses of the Office of Commissioner of Banks for supervision, each licensee shall pay to the Commissioner an assessment not to exceed eighteen dollars ($18.00) per one hundred thousand dollars ($100,000) of assets, or fraction thereof, plus a fee of three hundred dollars ($300.00) per office; however, a consumer finance licensee shall pay a minimum annual assessment of not less than one thousand dollars ($1,000). The assessment shall be determined on a consumer finance licensee's total assets as shown on its report of condition made to the Commissioner as of December 31 of each year, or the date most nearly approximating that date. If the Commissioner determines that the financial condition or manner of operation of a consumer finance licensee warrants further examination or an increased level of supervision, the licensee may be subject to assessment not to exceed the amount determined in accordance with the schedule set forth in this section. (1955, c. 1279; 1957, c. 1429, s. 1; 1961, c. 1053, s. 1; 2012-56, s. 11; 2023-61, s. 1.)
2023 North Carolina General Statutes › Chapter 53 - Regulation of Financial Services › Article 15 - North Carolina Consumer Finance Act. › § 53-169 - Application for license.

§ 53-169. Application for license.
The application for license shall be made on a form prepared and furnished by the Commissioner of Banks and shall state:
(1) The fact that the applicant desires to engage in business under this Article; and
(2) Whether the applicant is an individual, partnership, association or corporation; and
(3) The name and address of the person who will manage and be in immediate control of the business; and
(4) The name and address of the owners and their percentage of equity in the company, except when the Commissioner does not deem it feasible to furnish such information because of the number of stockholders involved; and
(5) When the applicant proposes to commence doing business; and
(6) Such other information as the Commissioner of Banks deems necessary.
The statements made in such application shall be sworn to by the applicant or persons making application on the applicant's behalf. (1961, c. 1053, s. 1.)
2023 North Carolina General Statutes › Chapter 53 - Regulation of Financial Services › Article 15 - North Carolina Consumer Finance Act. › § 53-170 - Locations; change of ownership or management.

§ 53-170. Locations; change of ownership or management.
(a) Business Location. – A licensee may conduct and carry on the licensee's business only at one or more locations approved by the Commissioner, and no changes shall be made from one location to another without the approval of the Commissioner.
(b) Additional Places of Business. – Not more than one place of business shall be maintained under the same license, but the Commissioner may issue more than one license to the same licensee upon compliance with all the provisions of this Article governing issuance of a single license.
(c) Change of Location, Ownership, or Management. – If any change occurs in the name and address of the licensee or of the president, secretary, or agent of a corporation holding a license, or in the membership of any partnership holding a license, a true and full statement of the change, sworn to in the manner required by this Article in the case of the original application, shall be filed with the Commissioner within 90 days of the change. (1961, c. 1053, s. 1; 2023-61, s. 1.)