reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 57D - North Carolina Limited Liability Company Act › Article 8 - Derivative Actions. › § 57D-8-04 - Discontinuance or settlement.

§ 57D-8-04. Discontinuance or settlement.
(a) A derivative proceeding may not be discontinued or settled without the court's approval. If the court determines that a proposed discontinuance or settlement will substantially affect the interests of the LLC's members, the court shall direct that notice be given to the members who would be affected.
(b) The court shall determine the manner and form of the notice and the manner in which costs of the notice will be borne. (2013-157, s. 2.)
2023 North Carolina General Statutes › Chapter 57D - North Carolina Limited Liability Company Act › Article 8 - Derivative Actions. › § 57D-8-05 - Payment of expenses.

§ 57D-8-05. Payment of expenses.
On termination of the derivative proceeding, the court may do any of the following:
(1) Order the LLC to pay the plaintiff's expenses, including attorneys' fees, incurred in the proceeding if it finds that the proceeding has resulted in a substantial benefit to the LLC.
(2) Order the plaintiff to pay any defendant's expenses, including attorneys' fees, incurred in defending the proceeding if it finds that the proceeding was commenced or maintained without cause or for an improper purpose.
(3) Order a party to pay an opposing party's expenses, including attorneys' fees, incurred as a result of the filing of a pleading, motion, or other paper, if the court after inquiry finds that the pleading, motion, or other paper was not well grounded in fact or was not warranted by existing law or a good-faith argument for the extension, modification, or reversal of existing law and that it was interposed for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. (2013-157, s. 2.)
2023 North Carolina General Statutes › Chapter 57D - North Carolina Limited Liability Company Act › Article 8 - Derivative Actions. › § 57D-8-06 - Applicability to foreign LLCs.

§ 57D-8-06. Applicability to foreign LLCs.
In any derivative proceeding in the right of a foreign LLC, the matters covered by this Article will be governed by the law of the jurisdiction of the foreign LLC's organization except for the matters governed by G.S. 57D-8-02, 57D-8-04, and 57D-8-05. (2013-157, s. 2.)
2023 North Carolina General Statutes › Chapter 57D - North Carolina Limited Liability Company Act › Article 8 - Derivative Actions. › § 57D-8-07 - Privileged communications.

§ 57D-8-07. Privileged communications.
In any derivative proceeding, no member is entitled to obtain or have access to any communication within the scope of the LLC's attorney-client privilege that could not be obtained by, or would not be accessible to, a party in a proceeding other than on behalf of the LLC. (2013-157, s. 2.)
2023 North Carolina General Statutes › Chapter 57D - North Carolina Limited Liability Company Act › Article 9 - Conversion and Merger. › § 57D-9-01 - Definitions.

§ 57D-9-01. Definitions.
Unless otherwise specifically provided, the following definitions apply in this Article:
(1) Articles of organization and conversion. – The document filed by the Secretary of State under G.S. 57D-9-22 for the purpose of converting an eligible entity into an LLC.
(2) Converting entity. – An eligible entity that converts into another eligible entity pursuant to Part 2 or Part 3 of this Article 9.
(3) Converting LLC. – A converting entity that is an LLC.
(4) Eligible entity. – A corporation, including a professional corporation as defined in G.S. 55B-2 and a foreign professional corporation defined in G.S. 55B-16, a domestic or foreign nonprofit corporation, a limited liability company, a domestic or foreign limited partnership, a registered limited liability partnership or foreign limited liability partnership as defined in G.S. 59-32, or any other partnership as defined in G.S. 59-36, whether or not formed under the laws of this State.
(5) Merging entity. – An eligible entity that is a party to a merger.
(6) Merging LLC. – A merging entity that is an LLC.
(7) Surviving entity. – The eligible entity into which a converting entity converts or into which an eligible entity is merged. (2013-157, s. 2.)
2023 North Carolina General Statutes › Chapter 57D - North Carolina Limited Liability Company Act › Article 9 - Conversion and Merger. › § 57D-9-20 - Conversion.

§ 57D-9-20. Conversion.
(a) An eligible entity other than an LLC may convert to an LLC if both of the following requirements are met:
(1) The conversion is permitted by the law governing the organization and internal affairs of the converting entity.
(2) The converting entity complies with the requirements of this Part and, to the extent applicable, the law governing its organization and internal affairs immediately before the conversion.
(b) The conversion of a charitable or religious corporation to an LLC is permitted by law if the sole member of the surviving entity immediately after the conversion is a charitable or religious corporation. This subsection shall not limit the ability of an eligible entity to convert to an LLC if otherwise permitted by law.
(c) For purposes of this section, charitable or religious corporation shall be as defined in G.S. 55A-1-40(4). (2013-157, s. 2; 2016-114, s. 3.)
2023 North Carolina General Statutes › Chapter 57D - North Carolina Limited Liability Company Act › Article 9 - Conversion and Merger. › § 57D-9-21 - Plan of conversion.

§ 57D-9-21. Plan of conversion.
(a) The converting entity must approve a written plan of conversion containing the following:
(1) The name, type of entity, and jurisdiction whose law governs the organization and internal affairs of the converting entity immediately before the conversion.
(2) A statement that the converting entity will deliver to the Secretary of State for filing articles of organization and conversion for the purpose of converting the eligible entity into an LLC.
(3) The name the entity will have when the conversion becomes effective.
(4) The terms and conditions of the conversion.
(5) The manner and basis for converting the interests in the converting entity into ownership interests, obligations, or securities of the surviving entity or into cash or other property or any combination thereof.
(b) The plan of conversion may contain other provisions relating to the conversion.
(c) The provisions of the plan of conversion, other than the provisions required by subdivisions (1) and (2) of subsection (a) of this section, may be made dependent on facts objectively ascertainable outside the plan of conversion if the plan of conversion provides the manner in which the facts will operate on the affected provisions. The facts may include, for example, any of the following:
(1) Statistical or market indices, market prices of any security or group of securities, interest rates, currency exchange rates, or similar economic or financial data.
(2) A determination or action by the converting entity or by any other person, group, or body.
(3) The terms of, or actions taken under, an agreement to which the converting entity is a party or any other agreement or document.
(d) The plan of conversion must be approved in accordance with the law governing the organization and internal affairs of the converting entity immediately before the conversion.
(e) After a plan of conversion has been approved as provided in subsection (d) of this section, but before articles of conversion become effective, the plan of conversion may be amended or abandoned to the extent permitted by the law that governs the organization and internal affairs of the converting entity. (2013-157, s. 2.)
2023 North Carolina General Statutes › Chapter 57D - North Carolina Limited Liability Company Act › Article 9 - Conversion and Merger. › § 57D-9-22 - Filing of articles of organization and conversion by the converting entity.

§ 57D-9-22. Filing of articles of organization and conversion by the converting entity.
(a) After a plan of conversion has been approved by the converting entity as provided in G.S. 57D-9-21, the converting entity shall deliver articles of organization and conversion to the Secretary of State for filing. The articles of organization and conversion must contain (i) the information required by G.S. 57D-2-21 and (ii) the following information:
(1) The name, type of entity, and jurisdiction whose law governs the organization and internal affairs of the converting entity immediately before the conversion.
(2) A statement that the articles of organization and conversion are being submitted for the purpose of converting the eligible entity into an LLC.
(3) The name the entity will have when the conversion becomes effective.
(4) The mailing address of the converting entity immediately before the conversion and, if different, the mailing address it will have when the conversion becomes effective.
(5) A statement that a plan of conversion has been approved by the converting entity as required by law.
(b) If the plan of conversion is abandoned after the articles of organization and conversion have been delivered to the Secretary of State but before the articles of organization and conversion become effective, the converting entity must deliver to the Secretary of State for filing prior to the time the articles of organization and conversion become effective an amendment withdrawing such articles.
(c) Certificates of conversion must be registered as provided in G.S. 47-18.1. (2013-157, s. 2.)
2023 North Carolina General Statutes › Chapter 57D - North Carolina Limited Liability Company Act › Article 9 - Conversion and Merger. › § 57D-9-23 - Effective date; effects of conversion.

§ 57D-9-23. Effective date; effects of conversion.
(a) The conversion takes effect when the articles of organization and conversion of the converting entity filed by the Secretary of State become effective, at which time the following shall occur:
(1) The converting entity ceases its prior form of organization and continues in existence as the surviving entity.
(2) The title to all real estate and other property owned by the converting entity continues to be vested in the surviving entity without reversion or impairment.
(3) All liabilities of the converting entity continue as liabilities of the surviving entity.
(4) A proceeding pending by or against the converting entity remains pending by or against the surviving entity as if the conversion did not occur.
(5) The equity or beneficial ownership interests in the converting entity that are to be converted into ownership interests, obligations, or securities of the surviving entity or into the right to receive cash or other property are thereupon so converted, and the former holders of equity or beneficial ownership interests in the converting entity are entitled only to the rights provided, including by reference, in the plan of conversion and the surviving entity's operating agreement.
(b) The conversion does not affect the liability or absence of liability of an equity or beneficial owner of the converting entity for any acts, omissions, or obligations of the converting entity made or incurred prior to the effectiveness of the conversion. A conversion under this Part does not constitute a dissolution or termination of the converting entity. (2013-157, s. 2.)
2023 North Carolina General Statutes › Chapter 57D - North Carolina Limited Liability Company Act › Article 9 - Conversion and Merger. › § 57D-9-30 - Conversion.

§ 57D-9-30. Conversion.
An LLC may convert to a different eligible entity if both of the following requirements are met:
(1) The conversion is permitted by the law that will govern the organization and internal affairs of the surviving entity.
(2) The converting LLC complies with the requirements of this Part and to the extent applicable the law that will govern the organization and internal affairs of the surviving entity. (2013-157, s. 2.)
2023 North Carolina General Statutes › Chapter 57D - North Carolina Limited Liability Company Act › Article 9 - Conversion and Merger. › § 57D-9-31 - Plan of conversion.

§ 57D-9-31. Plan of conversion.
(a) The converting LLC must approve a written plan of conversion containing the following:
(1) The name of the converting LLC immediately before the conversion.
(2) The name the surviving entity will have, the type of entity it will be, and the jurisdiction whose law will govern its organization and internal affairs when the conversion becomes effective.
(3) The terms and conditions of the conversion.
(4) The manner and basis for converting the ownership interests in the converting LLC into interests, obligations, or securities of the surviving entity or into cash or other property or any combination thereof.
(b) The plan of conversion may contain other provisions pertaining to the conversion.
(c) The provisions of the plan of conversion, other than the provisions required by subdivisions (1) and (2) of subsection (a) of this section, may be made dependent on facts objectively ascertainable outside the plan of conversion if the plan of conversion provides the manner in which the facts will operate on the affected provisions. The facts may include, for example, any of the following:
(1) Statistical or market indices, market prices of any security or group of securities, interest rates, currency exchange rates, or similar economic or financial data.
(2) A determination or action by the converting LLC or by any other person, group, or body.
(3) The terms of, or actions taken under, an agreement to which the converting LLC is a party or any other agreement or document.
(d) The converting LLC shall provide a copy of the plan of conversion to each member of the converting LLC prior to its approval. Under G.S. 57D-3-03(5), all of the members of the converting LLC must approve the plan of conversion. In addition, any economic interest owner of the converting LLC who because of the conversion will become personally liable upon the conversion for liabilities of the surviving entity, whether arising before or after the conversion, must approve the plan of conversion.
(e) After a plan of conversion has been approved by the converting LLC as provided in subsection (d) of this section, but before the articles of conversion become effective, the plan of conversion may be amended or abandoned as follows:
(1) The plan of conversion may be amended as provided in the plan of conversion or, if not so provided, as approved by the converting LLC in the manner provided in subsection (d) of this section.
(2) The plan of conversion may be abandoned, subject to any contractual rights, as provided in the plan of conversion or if not so provided as approved by the converting LLC in the manner provided in subsection (d) of this section. (2013-157, s. 2.)
2023 North Carolina General Statutes › Chapter 57D - North Carolina Limited Liability Company Act › Article 9 - Conversion and Merger. › § 57D-9-32 - Articles of conversion.

§ 57D-9-32. Articles of conversion.
(a) After a plan of conversion has been approved by the converting LLC as provided in G.S. 57D-9-31, the converting LLC shall deliver articles of conversion to the Secretary of State for filing. The articles of conversion must contain the following information:
(1) The name of the converting LLC immediately before the conversion.
(2) The name the surviving entity will have, the type of entity it will be, and the jurisdiction whose law will govern its organization and internal affairs upon the conversion becoming effective.
(3) The mailing address of the converting LLC immediately before the conversion and, if different, the mailing address the surviving entity will have when the conversion becomes effective.
(4) A statement that a plan of conversion has been approved by the converting LLC as required by law.
(5) If the surviving entity is not authorized to transact business in this State, a statement that the surviving entity (i) consents to service of process in any proceeding based on any cause of action arising in respect of the converting LLC being made on the surviving entity by service on the Secretary of State and (ii) commits to deliver to the Secretary of State for filing a statement of any change in the surviving entity's mailing address to which the Secretary of State may mail a copy of process served on the Secretary of State.
(b) If the converting LLC is converting to an eligible entity whose formation, or whose status as a registered limited liability partnership as defined in G.S. 59-32, requires the filing of a document by the Secretary of State, then notwithstanding subsection (a) of this section, that document must be delivered to and filed by the Secretary of State with the articles of conversion.
(c) If the plan of conversion is abandoned after the articles of conversion have been filed by the Secretary of State, but before the articles of conversion become effective, the converting LLC must deliver to the Secretary of State for filing prior to the time the articles of conversion become effective an amendment of the articles of conversion withdrawing the articles of conversion.
(d) The conversion takes effect in accordance with the law that will govern the organization and internal affairs of the surviving entity.
(e) Certificates of conversion must be registered as provided in G.S. 47-18.1. (2013-157, s. 2.)
2023 North Carolina General Statutes › Chapter 57D - North Carolina Limited Liability Company Act › Article 9 - Conversion and Merger. › § 57D-9-33 - Effects of conversion.

§ 57D-9-33. Effects of conversion.
(a) When the conversion takes effect, the following shall occur:
(1) The converting LLC ceases its prior form of organization and continues in existence as the surviving entity.
(2) The title to all real estate and other property owned by the converting LLC continues to be vested in the surviving entity without reversion or impairment.
(3) All liabilities of the converting LLC continue as liabilities of the surviving entity.
(4) A proceeding pending by or against the converting LLC remains pending by or against the surviving entity as if the conversion did not occur.
(5) The ownership interests in the converting LLC that are to be converted into equity or beneficial ownership interests, obligations, or securities of the surviving entity or into the right to receive cash or other property are thereupon so converted, and the former holders of ownership interests in the converting LLC are entitled only to the rights provided, including by reference, in the plan of conversion.
(b) The conversion does not affect the liability or absence of liability of any interest owner of the converting LLC for any acts, omissions, or obligations of the converting LLC made or incurred prior to the effectiveness of the conversion. A conversion under this Part does not constitute a dissolution or termination of the converting LLC.
(c) If the surviving entity is not a domestic corporation or a domestic limited partnership at the time the conversion takes effect, the surviving entity is deemed to consent to each of the following:
(1) That it may be served with process in this State in any proceeding to enforce any obligation of (i) the converting LLC, if before the conversion the converting LLC was subject to suit in this State on the obligation or (ii) the surviving entity arising from the conversion.
(2) That it has appointed the Secretary of State as its agent for service of process in any such proceeding. Service of process on the Secretary of State must be made by delivering to the Secretary of State or to any clerk authorized by the Secretary of State to accept service of process duplicate copies of the process and the fee required by G.S. 57D-1-22(b). Upon receipt of service of process on behalf of a surviving entity in the manner provided for in this section, the Secretary of State shall immediately mail a copy of the process by registered or certified mail, return receipt requested, to the surviving entity. If the surviving entity is authorized to transact business in this State, the address for mailing will be its principal office designated in the latest document filed by the Secretary of State that is authorized by law to designate the principal office or, if there is no principal office on file, its registered office. If the surviving entity is not authorized to transact business in this State, the address for mailing will be the mailing address of the surviving entity provided under G.S. 57D-9-32(a)(3). (2013-157, s. 2.)
2023 North Carolina General Statutes › Chapter 57D - North Carolina Limited Liability Company Act › Article 9 - Conversion and Merger. › § 57D-9-40 - Merger.

§ 57D-9-40. Merger.
An LLC may merge with one or more other eligible entities if both of the following requirements are met:
(1) The merger is permitted by the law governing the organization and internal affairs of each other merging entity.
(2) Each merging entity complies with the requirements of this Part and to the extent applicable the law other than this Part governing the organization and internal affairs of each merging entity. (2013-157, s. 2.)
2023 North Carolina General Statutes › Chapter 57D - North Carolina Limited Liability Company Act › Article 9 - Conversion and Merger. › § 57D-9-41 - Plan of merger.

§ 57D-9-41. Plan of merger.
(a) Each merging entity must approve a written plan of merger containing all of the following:
(1) The name, type of entity, and jurisdiction whose law governs the organization and internal affairs of each merging entity immediately before the merger.
(2) The name of the surviving entity.
(3) The terms and conditions of the merger.
(4) The manner and basis of converting the interests in each merging entity into interests, obligations, or securities of the surviving entity, or into cash or other property or any combination thereof, or of cancelling the interests.
(5) If the surviving entity is an LLC, any amendments to its articles of organization that are to be made in connection with the merger.
(b) The plan of merger may contain other provisions pertaining to the merger.
(c) The provisions of the plan of merger, other than the provisions referred to in subdivisions (1), (2), and (5) of subsection (a) of this section, may be made dependent on facts objectively ascertainable outside the plan of merger if the plan of merger provides the manner in which the facts will operate on the affected provisions. The facts may include, for example, any of the following:
(1) Statistical or market indices, market prices of any security or group of securities, interest rates, currency exchange rates, or similar economic or financial data.
(2) A determination or action by the merging LLC or by any other person, group, or body.
(3) The terms of or actions taken under an agreement to which the merging LLC is a party, or any other agreement or document.
(d) A merging LLC shall provide a copy of the plan of merger to each member of the merging LLC prior to its approval. Under G.S. 57D-3-03(6), all of the members of the merging LLC must approve the plan of merger. In addition, any economic interest owner of the merging LLC who because of the merger will become personally liable upon the merger for liabilities of the merging LLC, any other merging entity, or the surviving entity, whether arising before or after the merger, must approve the plan of merger.
(e) The plan of merger must be approved in accordance with the law governing the organization and internal affairs of each merging entity.
(f) After a plan of merger has been approved, but before the articles of merger become effective, the plan of merger may be amended or abandoned as follows:
(1) The plan of merger may be amended as provided in the plan of merger or if not so provided in the manner provided in subsections (d) and (e) of this section.
(2) The plan of merger may be abandoned, subject to any contractual rights, as provided in the plan of merger or if not so provided in the manner provided in subsections (d) and (e) of this section. (2013-157, s. 2; 2018-45, s. 30.)
2023 North Carolina General Statutes › Chapter 57D - North Carolina Limited Liability Company Act › Article 9 - Conversion and Merger. › § 57D-9-42 - Articles of merger.

§ 57D-9-42. Articles of merger.
(a) After a plan of merger has been approved by each merging entity as provided in G.S. 57D-9-41, the surviving entity shall deliver articles of merger to the Secretary of State for filing. The articles of merger shall state the following:
(1) The name, type of entity, and jurisdiction whose law governs the organization and internal affairs of each merging entity immediately before the merger.
(2) The name of the surviving entity.
(3) The mailing address of each merging entity immediately before the merger and the mailing address the surviving entity will have when the merger becomes effective.
(4) If the surviving entity is an LLC, any amendment to its articles of organization as provided in the plan of merger.
(5) A statement that the plan of merger has been approved by each merging entity in the manner required by law.
(6) If the surviving entity is not authorized to transact business in this State, a statement that the surviving entity (i) consents to service of process in any proceeding based on any cause of action arising in respect of a merging LLC being made on the surviving entity by service on the Secretary of State and (ii) commits to deliver to the Secretary of State for filing a statement of any change in the surviving entity's mailing address to which the Secretary of State may mail a copy of process served on the Secretary of State.
(b) If the plan of merger is amended after the articles of merger have been filed, but before the articles of merger become effective, and any statement in the articles of merger becomes incorrect as a result of the amendment, the surviving entity shall deliver to the Secretary of State for filing prior to the time the articles of merger become effective an amendment to the articles of merger correcting the incorrect statement. If the articles of merger are abandoned after the articles of merger are filed but before the articles of merger become effective, the surviving entity shall deliver to the Secretary of State for filing prior to the time the articles of merger become effective an amendment to the articles of merger stating that they have been abandoned.
(c) A merger takes effect when the articles of merger become effective, which in the case of a merging LLC is when the articles of merger filed by the Secretary of State become effective.
(d) Certificates of merger must be registered as provided in G.S. 47-18.1. (2013-157, s. 2.)
2023 North Carolina General Statutes › Chapter 57D - North Carolina Limited Liability Company Act › Article 10 - Miscellaneous. › § 57D-10-01 - Purpose; public policy.

§ 57D-10-01. Purpose; public policy.
(a) This Chapter is to be applied to promote its purposes and policies.
(b) The purpose of this Chapter is to provide a flexible framework under which one or more persons may organize and manage one or more businesses as they determine to be appropriate with minimum prescribed formalities or constraints.
(c) It is the policy of this Chapter to give the maximum effect to the principle of freedom of contract and the enforceability of operating agreements. (2013-157, s. 2.)
2023 North Carolina General Statutes › Chapter 57D - North Carolina Limited Liability Company Act › Article 11 - Transition Provisions. › § 57D-11-01 - Applicability of act.

§ 57D-11-01. Applicability of act.
The provisions of this Chapter apply to every LLC, whether formed on, before, or after January 1, 2014, and the interest owners of every LLC, except to the extent expressly excepted by this Chapter. (2013-157, s. 2.)
2023 North Carolina General Statutes › Chapter 57D - North Carolina Limited Liability Company Act › Article 11 - Transition Provisions. › § 57D-11-02 - Application to qualified foreign LLCs.

§ 57D-11-02. Application to qualified foreign LLCs.
A foreign LLC authorized to transact business in this State immediately before the repeal of Chapter 57C of the General Statutes is subject to this Chapter but is not required to obtain a new certificate of authority to transact business under this Chapter. The certificate of authority of such a foreign LLC issued under former Chapter 57C of the General Statutes before its repeal is to be deemed to have been issued under this Chapter. (2013-157, s. 2.)
2023 North Carolina General Statutes › Chapter 57D - North Carolina Limited Liability Company Act › Article 11 - Transition Provisions. › § 57D-11-03 - Saving provisions.

§ 57D-11-03. Saving provisions.
(a) The existence of LLCs formed before January 1, 2014, shall not be impaired by the repeal of Chapter 57C of the General Statutes or the enactment of this Chapter, by any change made by this Chapter in the requirements for the formation of LLCs, nor by any amendment or repeal by this Chapter of the laws under which they were formed or created, and, except as otherwise expressly provided in this Chapter, the repeal of former Chapter 57C of the General Statutes shall not affect any liability or penalty incurred under the provisions of that Chapter prior to its repeal.
(b) Any proceeding commenced before January 1, 2014, may be completed in accordance with the law then in effect.
(c) An LLC dissolved before January 1, 2014, may wind up or complete its winding up, as the case may be, pursuant to Article 6 and other applicable provisions of this Chapter.
(d) A proceeding under G.S. 57D-4-06(a) in respect of an LLC formed before January 1, 2014, will not be barred if it is commenced no later than (i) two years after the distribution or (ii) the earlier of January 1, 2016, or three years after the distribution.
(e) References in the articles of organization or operating agreement of an LLC made before January 1, 2014, to provisions of Chapter 57C of the General Statutes are to be deemed, to the extent applicable or the context does not clearly indicate otherwise, to be made to the corresponding provisions of this Chapter. (2013-157, s. 2.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 1 - Title and Definitions. › § 58-1-1 - Title of the Chapter.

§ 58-1-1. Title of the Chapter.
Articles 1 through 64 of this Chapter may be cited and shall be known as the Insurance Law. (1899, c. 54; Rev., s. 4677; C.S., s. 6260.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 1 - Title and Definitions. › § 58-1-2 - Insurance secondary sources not authoritative.

§ 58-1-2. Insurance secondary sources not authoritative.
A secondary source on insurance in any legal treatise, scholarly publication, textbook, or other explanatory text does not constitute the law or public policy of the State and is not authoritative if the secondary source purports to create, eliminate, expand, or restrict a cause of action, right, or remedy or if it conflicts with:
(1) The Constitution of the United States or the Constitution of North Carolina;
(2) The General Statutes;
(3) North Carolina case law precedent; or
(4) Other common law that may have been adopted by North Carolina courts. (2021-117, s. 8A.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 1 - Title and Definitions. › § 58-1-5 - Definitions.

§ 58-1-5. Definitions.
In this Chapter, unless the context clearly requires otherwise:
(1) "Alien company" means a company incorporated or organized under the laws of any jurisdiction outside of the United States.
(1a) "Commercial aircraft" means aircraft used in domestic, flag, supplemental, commuter, or on-demand operations, as defined in Federal Aviation Administration Regulations, 14 C.F.R. § 119.3, as amended.
(2) "Commissioner" means the Commissioner of Insurance of North Carolina or an authorized designee of the Commissioner.
(3) "Company" or "insurance company" or "insurer" includes any corporation, association, partnership, society, order, individual or aggregation of individuals engaging or proposing or attempting to engage as principals in any kind of insurance business, including the exchanging of reciprocal or interinsurance contracts between individuals, partnerships and corporations. "Company" or "insurance company" or "insurer" does not mean the State of North Carolina or any county, city, or other political subdivision of the State of North Carolina.
(4) "Department" means the Department of Insurance of North Carolina.
(5) "Domestic company" means a company incorporated or organized under the laws of this State.
(6) "Foreign company" means a company incorporated or organized under the laws of the United States or of any jurisdiction within the United States other than this State.
(7) "NAIC" means the National Association of Insurance Commissioners.
(8) Repealed by Session Laws 1999-219, s. 5.5.
(9) "Person" means an individual, partnership, firm, association, corporation, joint-stock company, trust, any similar entity, or any combination of the foregoing acting in concert.
(10) The singular form includes the plural, and the masculine form includes the feminine wherever appropriate. (1899, c. 54, s. 1; Rev., s. 4678; C.S., s. 6261; 1945, c. 383; 1971, c. 510, s. 1; 1987, c. 864, s. 34; 1995, c. 193, s. 1; 1999-219, s. 5.5; 2001-334, s. 18.2.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 1 - Title and Definitions. › § 58-1-10 - Contract of insurance.

§ 58-1-10. Contract of insurance.
A contract of insurance is an agreement by which the insurer is bound to pay money or its equivalent or to do some act of value to the insured upon, and as an indemnity or reimbursement for the destruction, loss, or injury of something in which the other party has an interest. (1899, c. 54, s. 2; Rev., s. 4679; C.S., s. 6262; 1945, c. 383.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 1 - Title and Definitions. › § 58-1-15 - Warranties by manufacturers, distributors, or sellers of goods or services.

§ 58-1-15. Warranties by manufacturers, distributors, or sellers of goods or services.
(a) As used in this section:
(1) "Goods" means all things that are moveable at the time of sale or at the time the buyer takes possession. "Goods" includes things not in existence at the time the transaction is entered into; and includes things that are furnished or used at the time of sale or subsequently in modernization, rehabilitation, repair, alteration, improvement, or construction on real property so as to become a part of real property whether or not they are severable from real property.
(2) "Services" means work, labor, and other personal services.
(b) Any warranty, including ancillary anti-theft protection program warranties as defined by G.S. 66-370(b)(1a), made solely by a manufacturer, distributor, or seller of goods or services without charge, or an extended warranty offered as an option and made solely by a manufacturer, distributor, or seller of goods or services for charge, that guarantees indemnity for defective parts, mechanical or electrical breakdown, labor, or any other remedial measure, including replacement of goods or repetition of services, shall not be a contract of insurance under Articles 1 through 64 of this Chapter; however, service agreements on motor vehicles are governed by G.S. 66-370, 66-372, and 66-373. Service agreements on home appliances are governed by G.S. 66-371, 66-372, and 66-373.
(b1) Service agreements on home appliances or on motor vehicles offered in compliance with Article 43 of Chapter 66 of the General Statutes shall not be contracts of insurance and shall be exempt from all provisions of this Chapter unless otherwise expressly provided.
(c) Nothing in this section affects the provisions of Article 28 of this Chapter. Any warranty or extended warranty made by any person other than the manufacturer, distributor, or seller of the warranted goods or services is a contract of insurance.
(d) Repealed by Session Laws 1989 (Regular Session, 1990), c. 1021, s. 3. (1959, c. 866; 1975, cc. 643, 788; 1977, c. 185; 1987, c. 369; 1989, c. 789, s. 2; 1989 (Reg. Sess., 1990), c. 1021, s. 3; 1991 (Reg. Sess., 1992), c. 1014, s. 2; 1995, c. 193, s. 2; 2007-95, s. 7; 2015-283, s. 2.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 1 - Title and Definitions. › § 58-1-20 - Real property warranties.

§ 58-1-20. Real property warranties.
(a) Any warranty relating to fixtures to real property issued by a person is a contract of insurance, except the following:
(1) A warranty made by a builder or seller of the real property;
(2) A warranty providing for the repair or replacement of the items covered by the warranty for defective parts and mechanical failure or resulting from ordinary wear and tear, and excluding from its coverage damage from recognizable perils, such as fire, flood, and wind, that neither relate to any defect in the items covered nor result from ordinary wear and tear.
(b) It is unlawful for any person to issue a warranty specified in subdivision (a)(2) of this section unless that person has posted a surety bond with the Secretary of State in the principal sum of not less than one hundred thousand dollars ($100,000). The bond must be issued by a surety company licensed to do business in this State and is subject to the approval of the Secretary of State. Any person to whom the warranty is issued may institute an action to recover against the warrantor and the surety bond for any breach of warranty.
(c) Persons issuing real property warranties shall comply with the requirements of G.S. 66-373. (1979, c. 773, s. 1; 1987, c. 864, s. 9; 1991, c. 644, s. 43; 2003-290, s. 1(a); 2007-95, s. 8.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 1 - Title and Definitions. › §§ 58-1-25: Recodified as G.S. 66-370 by Session Laws 2007-95, ss. 2-5, effective October 1, 2007.

§ 58-1-25: Recodified as G.S. 66-370 by Session Laws 2007-95, ss. 2-5, effective October 1, 2007.
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 1 - Title and Definitions. › §§ 58-1-30: Recodified as G.S. 66-371 by Session Laws 2007-95, ss. 2-5, effective October 1, 2007.

§ 58-1-30: Recodified as G.S. 66-371 by Session Laws 2007-95, ss. 2-5, effective October 1, 2007.
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 1 - Title and Definitions. › §§ 58-1-35: Recodified as G.S. 66-372 by Session Laws 2007-95, ss. 2-5, effective October 1, 2007.

§ 58-1-35: Recodified as G.S. 66-372 by Session Laws 2007-95, ss. 2-5, effective October 1, 2007.
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 1 - Title and Definitions. › §§ 58-1-36: Recodified as G.S. 66-373 by Session Laws 2007-95, ss. 2-5, effective October 1, 2007.

§ 58-1-36: Recodified as G.S. 66-373 by Session Laws 2007-95, ss. 2-5, effective October 1, 2007.
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 1 - Title and Definitions. › §§ 58-1-42: Recodified as G.S. 66-374 by Session Laws 2007-95, s. 6, effective October 1, 2007.

§ 58-1-42: Recodified as G.S. 66-374 by Session Laws 2007-95, s. 6, effective October 1, 2007.
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 2 - Commissioner of Insurance. › § 58-2-1 - Department established.

§ 58-2-1. Department established.
The Department is hereby established as a separate and distinct department, which is charged with the execution of laws relating to insurance and other subjects placed under the Department. (1899, c. 54, s. 3; 1901, c. 391, s. 1; Rev., s. 4680; C.S., s. 6263; 1991, c. 720, s. 5.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 2 - Commissioner of Insurance. › § 58-2-5 - Commissioner's election and term of office.

§ 58-2-5. Commissioner's election and term of office.
The chief officer of the Insurance Department shall be called the Commissioner of Insurance; whenever in the statutes of this State the words "Insurance Commissioner" appear, they shall be deemed to refer to and to be synonymous with the term "Commissioner of Insurance." He shall be elected by the people in the manner prescribed for the election of members of the General Assembly and State officers, and the result of the election shall be declared in the same manner and at the same time as the election of State officers is now declared. His term of office begins on the first day of January next after his election, and is for four years or until his successor is elected and qualified. If a vacancy occurs during the term, it shall be filled by the Governor for the unexpired term. (Rev., ss. 4680, 4681; 1907, c. 868; C.S., s. 6264; 1943, c. 170.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 2 - Commissioner of Insurance. › § 58-2-10 - Salary of Commissioner.

§ 58-2-10. Salary of Commissioner.
The salary of the Commissioner shall be set by the General Assembly in the Current Operations Appropriations Act. In addition to the salary set by the General Assembly in the Current Operations Appropriations Act, longevity pay shall be paid on the same basis as is provided to employees of the State who are subject to the North Carolina Human Resources Act. (1899, c. 54, ss. 3, 8; 1901, c. 710; 1903, c. 42; c. 771, s. 3; Rev., s. 2756; 1907, c. 830, s. 10; c. 994; 1909, c. 839; 1913, c. 194; 1915, cc. 158, 171; 1917, c. 70; 1919, c. 247, s. 4; C.S., s. 3874; 1921, c. 25, s. 1; 1933, c. 282, s. 5; 1935, c. 293; 1937, c. 342; 1945, c. 383; 1947, c. 1041; 1949, c. 1278; 1953, c. 1, s. 2; 1957, c. 1; 1963, c. 1178, s. 6; 1967, c. 1130; c. 1237, s. 6; 1969, c. 1214, s. 6; 1971, c. 912, s. 6; 1973, c. 778, s. 6; 1975, 2nd Sess., c. 983, s. 21; 1977, c. 802, s. 42.12; 1983, c. 761, s. 206; 1983 (Reg. Sess., 1984), c. 1034, s. 164; 1987, c. 738, s. 32(b); 1991, c. 720, s. 4; 2013-382, s. 9.1(c).)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 2 - Commissioner of Insurance. › § 58-2-15 - Chief deputy commissioner.

§ 58-2-15. Chief deputy commissioner.
The Commissioner shall appoint and may remove at his discretion a chief deputy commissioner, who, in the event of the absence, death, resignation, disability or disqualification of the Commissioner, or in case the office of Commissioner shall for any reason become vacant, shall have and exercise all the powers and duties vested by law in the Commissioner. He shall receive such compensation as fixed and provided by the Department of Administration. (1945, c. 383; 1987, c. 864, s. 19(a).)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 2 - Commissioner of Insurance. › § 58-2-20 - Chief actuary.

§ 58-2-20. Chief actuary.
The Commissioner shall appoint and may remove at his discretion a chief actuary, who shall receive such compensation as fixed and provided by the Department of Administration. (1945, c. 383; 1987, c. 864, s. 19(b).)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 2 - Commissioner of Insurance. › § 58-2-25 - Other deputies, actuaries, examiners and employees.

§ 58-2-25. Other deputies, actuaries, examiners and employees.
(a) The Commissioner shall appoint or employ such other deputies, actuaries, economists, financial analysts, financial examiners, licensed attorneys, rate and policy analysts, accountants, fire and rescue training instructors, market conduct analysts, insurance complaint analysts, investigators, engineers, building inspectors, risk managers, clerks and other employees that the Commissioner considers to be necessary for the proper execution of the work of the Department, at the compensation that is fixed and provided by the Department of Administration.
(a1) If the Commissioner considers it to be necessary for the proper execution of the work of the Department to contract with persons for financial, legal, examination, and other services, such contracts shall not be subject to any of the following:
(1) G.S. 114-2.3.
(2) G.S. 147-17.
(3) Articles 3, 3C, and 8 of Chapter 143 of the General Statutes and any rules and procedures adopted under those Articles concerning procurement, contracting, and contract review.
(a2) Whenever the Commissioner or any deputy or employee of the Department is requested or subpoenaed to testify as an expert witness in any civil or administrative action, the party making the request or filing the subpoena and on whose behalf the testimony is given shall, upon receiving a statement of the cost from the Commissioner, reimburse the Department for the actual time and expenses incurred by the Department in connection with the testimony.
(b) The minimum education requirements for financial analysts and examiners referred to in subsection (a) of this section are a bachelors degree, with the appropriate courses in accounting as defined in 21 NCAC 8A.0309, and other courses that are required to qualify the applicant as a candidate for the uniform certified public accountant examination, based on the examination requirements in effect at the time of graduation by the analyst or examiner from an accredited college or university. (1945, c. 383; 1981, c. 859, s. 94; 1987, c. 864, s. 20; 1989 (Reg. Sess., 1990), c. 1069, s. 20; 1991, c. 681, s. 1; 2000-122, s. 4; 2006-145, s. 4; 2022-46, s. 19.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 2 - Commissioner of Insurance. › § 58-2-30 - Appointments of committees or councils.

§ 58-2-30. Appointments of committees or councils.
(a) As used in this section, the term "committee" means a collective body that consults with and advises the Commissioner or his designee in detailed technical areas; and the term "council" means a collective body that consults with and advises the Commissioner or his designee as representative of citizen advice in specific areas of interest.
(b) The Commissioner may create and appoint committees and councils, each of which shall consist of no more than 13 members unless otherwise provided by law. The members of any committee or council shall serve at the pleasure of the Commissioner and may be paid per diem and necessary travel and subsistence expenses within the limits of appropriations and in accordance with G.S. 138-5. Per diem, travel, and subsistence payments to members of committees or councils that are created in connection with federal programs shall be paid from federal funds unless otherwise provided by law. (1985, c. 666, s. 44.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 2 - Commissioner of Insurance. › § 58-2-31 - Seniors' Health Insurance Information Program.

§ 58-2-31. Seniors' Health Insurance Information Program.
The Seniors' Health Insurance Information Program is established within the Department as a statewide health benefits counseling program to provide the State's Medicare beneficiaries with counseling in Medicare, Medicare supplement insurance, long-term care insurance, and related health care coverage plans. (2011-196, s. 2.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 2 - Commissioner of Insurance. › § 58-2-35 - Seal of Department.

§ 58-2-35. Seal of Department.
The Commissioner, with the approval of the Governor, shall devise a seal, with suitable inscription, for his office, a description of which, with the certificate of approval by the Governor, shall be filed in the office of the Secretary of State, with an impression thereof, which seal shall thereupon become the seal of office of the Commissioner of the Department. The seal may be renewed whenever necessary. (1899, c. 54, s. 11; Rev., s. 4682; C.S., s. 6266; 1991, c. 720, ss. 4, 5.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 2 - Commissioner of Insurance. › § 58-2-45 - Orders of Commissioner; when writing required.

§ 58-2-45. Orders of Commissioner; when writing required.
Whenever by any provision of Articles 1 through 64 of this Chapter, the Commissioner is authorized to grant any approval, authorization or permission or to make any other order affecting any insurer, insurance producer, or other person or persons subject to the provisions of Articles 1 through 64 of this Chapter, such order shall not be effective unless made in writing and signed by the Commissioner or by his authority. (1945, c. 383; 2022-46, s. 14(a).)