reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 36C - North Carolina Uniform Trust Code › Article 10 - Liability of Trustees and Rights of Persons Dealing with Trustees. › § 36C-10-1005 - Limitation of action against trustee.

§ 36C-10-1005. Limitation of action against trustee.
(a) No proceeding against a trustee for breach of trust may be commenced more than five years after the first to occur of: (i) the removal, resignation, or death of the trustee; (ii) the termination of the beneficiary's interest in the trust; or (iii) the termination of the trust.
(b) Except as provided in subsection (a) of this section, Chapter 1 of the General Statutes governs the limitations of actions on judicial proceedings involving trusts. However, for purposes of those limitations both of the following apply:
(1) On the date that any limitation starts running as to a person with respect to a claim held by the person involving a trust, the limitation also shall start running as to all other persons the person would be entitled to represent under Article 3 of this Chapter, whether or not the person consented to serve as a representative.
(2) G.S. 1-17 of the General Statutes shall not apply to toll the running of the limitation as to the persons described in subdivision (1) of this subsection. Those persons shall be treated as if they were under no disability on the date that the limitation starts running. (2005-192, s. 2; 2015-205, s. 6.)
2023 North Carolina General Statutes › Chapter 36C - North Carolina Uniform Trust Code › Article 10 - Liability of Trustees and Rights of Persons Dealing with Trustees. › § 36C-10-1006 - Reliance on trust instrument.

§ 36C-10-1006. Reliance on trust instrument.
A trustee who acts in reasonable reliance on the terms of the trust as expressed in a trust instrument is not liable for a breach of trust to the extent that the breach resulted from the reliance. (2005-192, s. 2.)
2023 North Carolina General Statutes › Chapter 36C - North Carolina Uniform Trust Code › Article 10 - Liability of Trustees and Rights of Persons Dealing with Trustees. › § 36C-10-1007 - Event affecting administration or distribution.

§ 36C-10-1007. Event affecting administration or distribution.
If the happening of an event, including marriage, divorce, performance of educational requirements, or death, affects the administration or distribution of a trust, a trustee who has exercised reasonable care to ascertain the happening of the event is not liable for a loss resulting from the trustee's lack of knowledge. (2005-192, s. 2.)
2023 North Carolina General Statutes › Chapter 36C - North Carolina Uniform Trust Code › Article 10 - Liability of Trustees and Rights of Persons Dealing with Trustees. › § 36C-10-1008 - Exculpation of trustee.

§ 36C-10-1008. Exculpation of trustee.
A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that it relieves the trustee of liability for breach of trust committed in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries. (2005-192, s. 2.)
2023 North Carolina General Statutes › Chapter 36C - North Carolina Uniform Trust Code › Article 10 - Liability of Trustees and Rights of Persons Dealing with Trustees. › § 36C-10-1009 - Beneficiary's consent, release, or ratification.

§ 36C-10-1009. Beneficiary's consent, release, or ratification.
(a) A trustee is not liable to a beneficiary for breach of trust if the beneficiary consented to the conduct constituting the breach, released the trustee from liability for the breach, or ratified the transaction constituting the breach, unless:
(1) The consent, release, or ratification of the beneficiary was induced by improper conduct of the trustee; or
(2) At the time of the consent, release, or ratification, the beneficiary did not have knowledge of the beneficiary's rights or of the material facts relating to the breach.
(b) No consideration is required for the consent, release, or ratification to be valid. (2005-192, s. 2.)
2023 North Carolina General Statutes › Chapter 36C - North Carolina Uniform Trust Code › Article 10 - Liability of Trustees and Rights of Persons Dealing with Trustees. › § 36C-10-1010 - Limitation on personal liability of trustee.

§ 36C-10-1010. Limitation on personal liability of trustee.
(a) Except as otherwise provided in the contract, a trustee is not personally liable on a contract properly entered into in the trustee's fiduciary capacity in the course of administering the trust if the trustee in making the contract disclosed the fiduciary capacity. The addition of the phrase "trustee" or "as trustee" or a similar designation to the signature of a trustee on a written contract is considered prima facie evidence of a disclosure of fiduciary capacity.
(b) A trustee is personally liable for torts committed in the course of administering a trust, or for obligations arising from ownership or control of trust property, including liability for violation of environmental law, only if the trustee is personally at fault.
(c) A claim based on a contract entered into by a trustee in the trustee's fiduciary capacity, on an obligation arising from ownership or control of trust property, or on a tort committed in the course of administering a trust, may be asserted in a judicial proceeding against the trustee in the trustee's fiduciary capacity, whether or not the trustee is personally liable for the claim. Any judgment rendered in favor of a claimant in such a judicial proceeding against a trust may be recovered from the trust property without proof that the trustee could have obtained reimbursement from the trust if the trustee had paid the claim.
(d) A trustee is entitled to indemnity from the trust for any claim, other than a breach of trust, for which the trustee is liable:
(1) If the claim arose from a common incident of activity in which the trustee was properly engaged for the trust;
(2) If the trustee was not personally at fault; or
(3) To the extent that the trustee's actions increased the value of trust property.
(e) A decision by a trustee not to inspect property, or to decline to accept property, shall not create any inference as to liability, under any environmental law, with respect to that property. A trustee shall have no liability for a decrease in value of property in a trust by reason of the trustee's compliance with any environmental law, including reporting requirements. (2005-192, s. 2.)
2023 North Carolina General Statutes › Chapter 36C - North Carolina Uniform Trust Code › Article 10 - Liability of Trustees and Rights of Persons Dealing with Trustees. › § 36C-10-1011 - Interest as general partner.

§ 36C-10-1011. Interest as general partner.
(a) Except as otherwise provided in subsection (c) of this section or unless personal liability is imposed in the contract, a trustee who holds, in a fiduciary capacity, an interest as a general partner in a general or limited partnership is not personally liable on a contract entered into by the partnership if the fiduciary capacity was disclosed. The addition of the phrase "trustee" or "as trustee" or a similar designation to the signature of a trustee on a written partnership document is considered prima facie evidence of a disclosure of fiduciary capacity.
(b) A trustee who holds, in a fiduciary capacity, an interest as a general partner is not personally liable for torts committed by the partnership or for obligations arising from ownership or control of the interest unless the trustee is personally at fault. This subsection does not apply to additional ownership interests of the trustee held in a nonfiduciary capacity.
(c) If the settlor transfers an existing general partnership interest to a revocable trust, the settlor remains personally liable for partnership obligations as if the settlor were a general partner. (2005-192, s. 2.)
2023 North Carolina General Statutes › Chapter 36C - North Carolina Uniform Trust Code › Article 10 - Liability of Trustees and Rights of Persons Dealing with Trustees. › § 36C-10-1012 - Protection of person dealing with trustee.

§ 36C-10-1012. Protection of person dealing with trustee.
(a) A person other than a beneficiary who in good faith assists a trustee, or who in good faith and for value deals with a trustee, without knowledge that the trustee is exceeding or improperly exercising the trustee's powers, is protected from liability as if the trustee properly exercised the power.
(b) A person other than a beneficiary who in good faith deals with a trustee is not required to inquire into the extent of the trustee's powers or the propriety of their exercise.
(c) A person who in good faith delivers assets to a trustee need not ensure their proper application.
(d) A person other than a beneficiary who in good faith assists a former trustee, or who in good faith and for value deals with a former trustee, without knowledge that the trusteeship has terminated is protected from liability as if the former trustee were still a trustee.
(e) Comparable protective provisions of other laws relating to commercial transactions or transfer of securities by fiduciaries prevail over the protection provided by this section.
(f) A person is not required to obtain a certification under G.S. 36C-10-1013 in order to be entitled to the protections of this section. (2005-192, s. 2.)
2023 North Carolina General Statutes › Chapter 36C - North Carolina Uniform Trust Code › Article 11 - Miscellaneous Provisions. › § 36C-11-1101 - Uniformity of application and construction.

§ 36C-11-1101. Uniformity of application and construction.
In applying and construing this Chapter, consideration may be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. (2005-192, s. 2.)
2023 North Carolina General Statutes › Chapter 36C - North Carolina Uniform Trust Code › Article 11 - Miscellaneous Provisions. › § 36C-11-1102 - Electronic records and signatures.

§ 36C-11-1102. Electronic records and signatures.
The provisions of this Chapter governing the legal effect, validity, or enforceability of electronic records or electronic signatures, and of contracts formed or performed with the use of those records or signatures, conform to the requirements of section 102 of the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7002) and supersede, modify, and limit the requirements of the Electronic Signatures in Global and National Commerce Act. (2005-192, s. 2.)
2023 North Carolina General Statutes › Chapter 36C - North Carolina Uniform Trust Code › Article 11 - Miscellaneous Provisions. › § 36C-11-1103 - Severability clause.

§ 36C-11-1103. Severability clause.
If any provision of this Chapter or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this Chapter that can be given effect without the invalid provision or application, and to this end the provisions of this Chapter are severable. (2005-192, s. 2.)
2023 North Carolina General Statutes › Chapter 36C - North Carolina Uniform Trust Code › Article 11 - Miscellaneous Provisions. › § 36C-11-1104 - Trustee signatures.

§ 36C-11-1104. Trustee signatures.
The signature of a trustee of a trust who signs a document for or on behalf of the trust shall be deemed to be the signature of the trustee as such. A document which identifies a trust shall be deemed to include the trustee or the trustees as such. (2007-106, s. 54.)
2023 North Carolina General Statutes › Chapter 36C - North Carolina Uniform Trust Code › Article 11 - Miscellaneous Provisions. › § 36C-11-1106 - Application to existing relationships.

§ 36C-11-1106. Application to existing relationships.
(a) Except as otherwise provided in this Chapter, this Chapter applies to (i) all trusts created before, on, or after January 1, 2006; (ii) all judicial proceedings concerning trusts commenced on or after January 1, 2006; and (iii) judicial proceedings concerning trusts commenced before January 1, 2006, unless the court finds that application of a particular provision of this Chapter would substantially interfere with the effective conduct of the judicial proceedings or prejudice the rights of the parties, in which case the particular provision of this Chapter does not apply and the superseded law applies.
(b) Except as otherwise provided in this Chapter, any rule of construction or presumption provided in this Chapter applies to trust instruments executed before January 1, 2006, unless there is a clear indication of a contrary intent in the terms of the trust or unless application of that rule of construction or presumption would impair substantial rights of a beneficiary. Except as otherwise provided in this Chapter, an act done before January 1, 2006, is not affected by this Chapter. If a right is acquired, extinguished, or barred upon the expiration of a prescribed period that has commenced to run under any other statute before January 1, 2006, that statute continues to apply to the right even if it has been repealed or superseded.(2005-192, ss. 7(a), (b); 2006-226, ss. 31(a), (b).)
2023 North Carolina General Statutes › Chapter 36D - North Carolina Community Third Party Trusts, Pooled Trusts › § 36D-3 - Scope.

§ 36D-3. Scope.
This Chapter applies to every Community Third Party Trust or Medicaid Pooled Trust established in this State. In addition to meeting the other requirements of this Chapter, every board that administers a Community Third Party Trust or Medicaid Pooled Trust shall incorporate as a nonprofit corporation under Chapter 55A of the General Statutes. Except as otherwise provided in this Chapter, Chapter 55A of the General Statutes applies to all trusts governed by this Chapter. Article 9 of Chapter 36C of the General Statutes, the Uniform Trust Code, applies to 36D Trusts in the same manner that it applies to trusts under the Uniform Trust Code, with the exception of the following: the trustee of a pooled trust is liable to the Department to the extent the trustee administers the trust in a way that is not for the sole benefit of the beneficiary, regardless of the terms of the trust. The terms of the trust shall not contradict the meaning of "sole benefit" as defined in G.S. 36D-2(7). (1991 (Reg. Sess., 1992), c. 768, s. 1; 2005-192, s. 3; 2010-118, s. 1.)
2023 North Carolina General Statutes › Chapter 36D - North Carolina Community Third Party Trusts, Pooled Trusts › § 36D-5 - Community Third Party and Pooled Trust accountability.

§ 36D-5. Community Third Party and Pooled Trust accountability.
(a) Along with the annual report filed with the Secretary of State under Chapter 55A of the General Statutes, the Community Third Party or Pooled Trust shall file an itemized statement that shows the funds collected for the year, income earned, salaries, other expenses incurred, and the opening and final trust balances. A copy of the annual individual accounting statement of each beneficiary's subaccount shall be made available by the trustee, upon request, to the Department, any beneficiary, guardian, trustor, or designee of the trustor. In addition, once annually, each trustor or the trustor's designee shall receive a detailed individual statement of the services provided to the trustor's beneficiary during the previous 12 months and the services to be provided during the following 12 months. The Community Third Party or Pooled Trust shall make a copy of the individual statement available to any beneficiary, upon request.
(b) The Department or its agents may perform annual audits of any Community Third Party or Pooled Trusts existing in the State. (1991 (Reg. Sess., 1992), c. 768, s. 1; 2005-192, s. 3; 2010-118, s. 1.)
2023 North Carolina General Statutes › Chapter 36D - North Carolina Community Third Party Trusts, Pooled Trusts › § 36D-6 - Gifts, Community Third Party or Pooled Trust surplus trust funds.

§ 36D-6. Gifts, Community Third Party or Pooled Trust surplus trust funds.
(a) Community Third Party and Pooled Trusts may accept gifts and use surplus trust funds to meet reasonable start-up costs and reduce the charges to the trust for the cost of administration and for the purpose of qualifying as beneficiary any indigent person whose family members lack the resources to make a full contribution on that person's behalf. A maximum of fifty percent (50%) of the surplus trust funds may be retained in the Community Third Party or Pooled Trust account for this purpose as well as to cover administrative costs. Gifts made to the Community Third Party or Pooled Trust for an unspecified purpose shall be used by the trust either to qualify indigent persons whose families lack the means to qualify them as beneficiaries of the trust or to meet any reasonable start-up or administrative costs that the trust incurs.
(b) For Community Third Party Trusts, remaining surplus trust funds may be distributed to additional beneficiaries as specified in the Trust Agreement.
(c) For Medicaid Pooled Trusts, upon termination of an individual trust account, the surplus trust funds remaining in the individual account shall be used to satisfy any claims or liens of the Department, up to an amount equal to the total medical assistance paid on behalf of or to the disabled individual by the Department. The amount retained by the trust shall be determined on a sliding scale calculation, based upon the number of years the disabled individual received services from the nonprofit corporation, but in no instance shall the trust retain more than fifty percent (50%) of the surplus trust funds, unless the claims or liens of the Department are less than fifty percent (50%) of the surplus trust funds.
(d) A Medicaid Pooled Trust may not distribute surplus trust funds to any remaindermen identified in the trust document unless there are funds remaining after all claims or liens of the Department have been satisfied, nor shall it use surplus trust funds to make any charitable contribution on behalf of any beneficiary or any group or class of beneficiaries. (1991 (Reg. Sess., 1992), c. 768, s. 1; 2005-192, s. 3; 2010-118, s. 1.)
2023 North Carolina General Statutes › Chapter 36D - North Carolina Community Third Party Trusts, Pooled Trusts › § 36D-7 - Special requests on behalf of beneficiary.

§ 36D-7. Special requests on behalf of beneficiary.
The Community Third Party Trust may agree to fulfill any special requests made on behalf of a beneficiary as long as the requests are consistent with this Chapter and provided that an adequate contribution has been made for this purpose on behalf of a beneficiary. The Medicaid Pooled Trust may only disburse subaccount trust funds if such disbursement is in the sole benefit of the beneficiary. (1991 (Reg. Sess., 1992), c. 768, s. 1; 2005-192, s. 3; 2010-118, s. 1.)
2023 North Carolina General Statutes › Chapter 36D - North Carolina Community Third Party Trusts, Pooled Trusts › § 36D-9 - Beneficiary's interest in trust not asset for income eligibility determination.

§ 36D-9. Beneficiary's interest in trust not asset for income eligibility determination.
The beneficiary's interest in any 36D Trust is not considered to be an asset for the purpose of determining income eligibility for any publicly operated program, nor shall that interest be reached in satisfaction of a claim for support and maintenance of the beneficiary. The Department shall not reduce the benefits or services available to any individual because that person is the beneficiary of a 36D Trust. The Department may authorize termination of an individual's eligibility for medical assistance or impose sanctions as necessary for failure of a purported 36D Trust to comply with the requirements of this Chapter and any rules adopted by the Department pursuant to this Chapter. The Department may authorize termination of an individual's eligibility for medical assistance or impose sanctions as necessary for failure of the trustee to administer the 36D Trust in a manner consistent with this Chapter, the rules adopted by the Department pursuant to this Chapter, and federal law and policy. (1991 (Reg. Sess., 1992), c. 768, s. 1; 2005-192, s. 3; 2010-118, s. 1.)
2023 North Carolina General Statutes › Chapter 36D - North Carolina Community Third Party Trusts, Pooled Trusts › § 36D-10 - Trust not subject to law against perpetuities; restraints on alienation.

§ 36D-10. Trust not subject to law against perpetuities; restraints on alienation.
A 36D Trust shall not be subject to or held to be in violation of any principle of law against perpetuities or restraints on alienation or perpetual accumulations of trusts. (1991 (Reg. Sess., 1992), c. 768, s. 1; 2005-192, s. 3; 2010-118, s. 1.)
2023 North Carolina General Statutes › Chapter 36D - North Carolina Community Third Party Trusts, Pooled Trusts › § 36D-11 - Settlement; trustee limitations.

§ 36D-11. Settlement; trustee limitations.
(a) The trustee of a Medicaid Pooled Trust shall provide a final disbursement and accounting for an individual Pooled Trust subaccount to the Division of Health Benefits, Third Party Recovery Section, within 30 days of the receipt of an accounting of charges from Medicaid, after the death of the beneficiary or other termination of the trust. An individual Pooled Trust subaccount shall terminate upon the death of the beneficiary and the satisfaction of all outstanding charges.
(b) At any time before the settlement of the final account, the Community Third Party or Pooled Trust, the Secretary of State, or the Attorney General may bring an action for the dissolution of a nonprofit corporation in the superior court for the purpose of terminating the trust or merging it with another charitable trust.
(c) No trustee or any private individual is entitled to share in the distribution of any of the trust assets upon dissolution, merger, or settlement of the Community Third Party or Pooled Trust. Upon dissolution, merger, or settlement, the superior court shall distribute all of the remaining net assets of the Community Third Party or Pooled Trust in a manner that is consistent with the purposes of this Chapter. (1991 (Reg. Sess., 1992), c. 768, s. 1; 2005-192, s. 3; 2010-118, s. 1; 2019-81, s. 15(a).)
2023 North Carolina General Statutes › Chapter 36D - North Carolina Community Third Party Trusts, Pooled Trusts › § 36D-12 - Administrative rules.

§ 36D-12. Administrative rules.
The Department shall adopt rules pursuant to Chapter 150B of the General Statutes governing the eligibility of beneficiaries for State medical assistance and State-County Special Assistance, and to supplement and expand upon the general requirements set forth in this Chapter, including, but not limited to, rules that may be more restrictive than the general requirements of this Chapter. With respect to Medicaid Pooled Trusts, a subaccount is irrevocable. The State shall be paid an amount up to the total medical assistance paid on behalf of the beneficiary by the Department from funds remaining in the individual trust subaccount upon the death of the beneficiary or termination of the trust as described in this Chapter. If the pooled trust is to be funded with the proceeds of a settlement of a lawsuit against a third party, the settlement proceeds are subject to the Department's subrogated rights of recovery as set forth in G.S. 108A-57, and all such subrogated rights of recovery shall be satisfied in full prior to execution and judicial approval of the trust, or both. (2010-118, s. 1.)
2023 North Carolina General Statutes › Chapter 36E - Uniform Prudent Management of Institutional Funds Act › § 36E-2 - Definitions.

§ 36E-2. Definitions.
The following definitions apply in this Chapter:
(1) Charitable purpose. – The relief of poverty, the advancement of education or religion, the promotion of health, scientific, benevolent, literary, governmental, or municipal purposes, or any other purpose the achievement of which is beneficial to the community.
(2) Endowment fund. – An institutional fund or part thereof that, under the terms of a gift instrument, is not wholly expendable by the institution on a current basis. The term does not include assets that an institution designates as an endowment fund for its own use.
(3) Gift instrument. – A record or records, including an institutional solicitation or a response to an institutional solicitation, under which property is granted to, transferred to, or held by an institution as an institutional fund.
(4) Institution. – Any of the following:
a. A person, other than an individual, organized and operated exclusively for charitable purposes;
b. A government or governmental subdivision, agency, or instrumentality, to the extent that it holds funds exclusively for a charitable purpose; or
c. A trust that had both charitable and noncharitable interests, after all noncharitable interests have terminated.
(5) Institutional fund. – A fund held by an institution exclusively for charitable purposes. The term includes tangible assets but does not include:
a. Program-related assets;
b. A fund held for an institution by a trustee that is not an institution; or
c. A fund in which a beneficiary that is not an institution has an interest, other than an interest that could arise only upon violation or failure of the purposes of the fund.
(6) Person. – An individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(7) Program-related asset. – An asset held by an institution not primarily for investment.
(8) Record. – Information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (1985, c. 98, s. 1; 1991, c. 39, s. 1; 2009-8, s. 2.)
2023 North Carolina General Statutes › Chapter 36E - Uniform Prudent Management of Institutional Funds Act › § 36E-4 - Appropriation for expenditure or accumulation of endowment fund; rules of construction.

§ 36E-4. Appropriation for expenditure or accumulation of endowment fund; rules of construction.
(a) Subject to the intent of a donor expressed in the gift instrument, an institution may appropriate for expenditure or accumulate so much of an endowment fund as the institution determines is prudent for the uses, benefits, purposes, and duration for which the endowment fund is established. Unless stated otherwise in the gift instrument, the assets in an endowment fund are donor-restricted assets until appropriated for expenditure by the institution. In making a determination to appropriate or accumulate, the institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, and shall consider, if relevant, the following factors:
(1) The duration and preservation of the endowment fund;
(2) The purposes of the institution and the endowment fund;
(3) General economic conditions;
(4) The possible effect of inflation or deflation;
(5) The expected total return from income and the appreciation of investments;
(6) Other resources of the institution; and
(7) The investment policy of the institution.
(b) To limit the authority to appropriate for expenditure or accumulate under subsection (a) of this section, a gift instrument must specifically state the limitation.
(c) Terms in a gift instrument designating a gift as an endowment, or a direction or authorization in the gift instrument to use only "income," "interest," "dividends," or "rents, issues, or profits," or "to preserve the principal intact," or words of similar import:
(1) Create an endowment fund of permanent duration unless other language in the gift instrument limits the duration or purpose of the fund; and
(2) Do not otherwise limit the authority to appropriate for expenditure or accumulate under subsection (a) of this section. (1985, c. 98, s. 1; 2009-8, s. 2.)
2023 North Carolina General Statutes › Chapter 36E - Uniform Prudent Management of Institutional Funds Act › § 36E-5 - Delegation of management and investment functions.

§ 36E-5. Delegation of management and investment functions.
(a) Subject to any specific limitation set forth in a gift instrument or in law other than this Chapter, an institution may delegate to an external agent the management and investment of an institutional fund to the extent that an institution could prudently delegate under the circumstances. An institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, in:
(1) Selecting an agent;
(2) Establishing the scope and terms of the delegation, consistent with the purposes of the institution and the institutional fund; and
(3) Periodically reviewing the agent's actions in order to monitor the agent's performance and compliance with the scope and terms of the delegation.
(b) In performing a delegated function, an agent owes a duty to the institution to exercise reasonable care to comply with the scope and terms of the delegation.
(c) An institution that complies with subsection (a) of this section is not liable for the decisions or actions of an agent to which the function was delegated.
(d) By accepting delegation of a management or investment function from an institution that is subject to the laws of this State, an agent submits to the jurisdiction of the courts of this State in all proceedings arising from or related to the delegation or the performance of the delegated function.
(e) An institution may delegate management and investment functions to its committees, officers, or employees as authorized by law of this State other than this Chapter. (1985, c. 98, s. 1; 2009-8, s. 2.)
2023 North Carolina General Statutes › Chapter 36E - Uniform Prudent Management of Institutional Funds Act › § 36E-6 - Release or modification of restrictions on management, investment, or purpose.

§ 36E-6. Release or modification of restrictions on management, investment, or purpose.
(a) If the donor consents in a record, an institution may release or modify, in whole or in part, a restriction contained in a gift instrument on the management, investment, or purpose of an institutional fund. A release or modification may not allow a fund to be used for a purpose other than a charitable purpose of the institution.
(b) The superior court, upon application of an institution, may modify a restriction contained in a gift instrument regarding the management or investment of an institutional fund if the restriction has become impracticable or wasteful, if it impairs the management or investment of the fund, or if, because of circumstances not anticipated by the donor, a modification of the restriction will further the purposes of the fund. The institution shall notify the Attorney General of the application, and the Attorney General must be given an opportunity to be heard. To the extent practicable, any modification must be made in accordance with the donor's probable intention.
(c) If a particular charitable purpose or restriction contained in a gift instrument on the use of an institutional fund becomes unlawful, impracticable, impossible to achieve, or wasteful, the superior court, upon application of an institution, may modify the purpose of the fund or the restriction on the use of the fund in a manner consistent with the charitable purposes expressed in the gift instrument. The institution shall notify the Attorney General of the application, and the Attorney General must be given an opportunity to be heard.
(d) If an institution determines that a restriction contained in a gift instrument on the management, investment, or purpose of an institutional fund is unlawful, impracticable, impossible to achieve, or wasteful, the institution may release or modify the restriction, in whole or part, if:
(1) The institutional fund subject to the restriction has a total value of less than one hundred thousand dollars ($100,000);
(2) More than 10 years have elapsed since the fund was established; and
(3) The institution uses the property in a manner consistent with the charitable purposes expressed in the gift instrument.
The institution must provide written notice of the proposed release or modification of the restriction to the Attorney General not less than 60 days before releasing or modifying the restriction. The Attorney General may make application to the superior court to contest the institution's determination that the restriction should be released or modified within 60 days of receipt of the institution's written notice. (1985, c. 98, s. 1; 2009-8, s. 2.)
2023 North Carolina General Statutes › Chapter 36E - Uniform Prudent Management of Institutional Funds Act › § 36E-8 - Application to existing institutional funds.

§ 36E-8. Application to existing institutional funds.
This Chapter applies to institutional funds existing on or established after March 19, 2009. As applied to institutional funds existing on March 19, 2009, this Chapter governs only decisions made or actions taken on or after that date. (2009-8, s. 2.)
2023 North Carolina General Statutes › Chapter 36E - Uniform Prudent Management of Institutional Funds Act › § 36E-9 - Relation to Electronic Signatures in Global and National Commerce Act.

§ 36E-9. Relation to Electronic Signatures in Global and National Commerce Act.
This Chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001, et seq., but does not modify, limit, or supersede section 101 of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in section 103 of that act, 15 U.S.C. § 7003(b). (2009-8, s. 2.)
2023 North Carolina General Statutes › Chapter 36E - Uniform Prudent Management of Institutional Funds Act › § 36E-10 - Conflict with other law; exemptions.

§ 36E-10. Conflict with other law; exemptions.
(a) To the extent that the provisions of this Chapter are inconsistent with the provisions of Chapter 36C, Chapter 36D, Chapter 37A, or Chapter 55A of the General Statutes, the provisions of this Chapter shall control.
(b) The provisions of this Chapter do not apply to funds, other than endowment funds, held by a government or governmental subdivision, agency, or instrumentality. (1985, c. 98, s. 1; 1991, c. 39, s. 1; 2007-106, s. 1.3; 2009-8, s. 2.)
2023 North Carolina General Statutes › Chapter 36E - Uniform Prudent Management of Institutional Funds Act › § 36E-11 - Uniformity of application and construction.

§ 36E-11. Uniformity of application and construction.
In applying and construing this Chapter, consideration may be given to promoting uniformity of interpretation with respect to its subject matter among the states that enact it. (1985, c. 98, s. 1; 2009-8, s. 2.)
2023 North Carolina General Statutes › Chapter 36F - Revised Uniform Fiduciary Access to Digital Assets Act › § 36F-3 - Applicability.

§ 36F-3. Applicability.
(a) This Chapter applies to all of the following:
(1) A fiduciary acting under a will or power of attorney executed before, on, or after June 30, 2016.
(2) A personal representative acting for a decedent who died before, on, or after June 30, 2016.
(3) A guardian appointed before, on, or after June 30, 2016.
(4) A trustee acting under a trust created before, on, or after June 30, 2016.
(b) This Chapter applies to a custodian if the user resides in this State or resided in this State at the time of the user's death.
(c) This Chapter does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer's business. (2016-53, s. 1.)
2023 North Carolina General Statutes › Chapter 36F - Revised Uniform Fiduciary Access to Digital Assets Act › § 36F-4 - User direction for disclosure of digital assets.

§ 36F-4. User direction for disclosure of digital assets.
(a) A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user's digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record.
(b) If a user has not used an online tool to give direction under subsection (a) of this section or if the custodian has not provided an online tool, the user may allow or prohibit in a will, trust, power of attorney, or other record, disclosure to a fiduciary of some or all of the user's digital assets, including the content of electronic communications sent or received by the user.
(c) A user's direction under subsection (a) or (b) of this section overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user's assent to the terms of service. (2016-53, s. 1.)
2023 North Carolina General Statutes › Chapter 36F - Revised Uniform Fiduciary Access to Digital Assets Act › § 36F-5 - Terms-of-service agreement.

§ 36F-5. Terms-of-service agreement.
(a) This Chapter does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user.
(b) This Chapter does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate, the fiduciary or designated recipient acts or represents.
(c) A fiduciary's or designated recipient's access to digital assets may be modified or eliminated by a user, by federal law, or by a terms-of-service agreement if the user has not provided direction under G.S. 36F-4. (2016-53, s. 1.)
2023 North Carolina General Statutes › Chapter 36F - Revised Uniform Fiduciary Access to Digital Assets Act › § 36F-6 - Procedure for disclosing digital assets.

§ 36F-6. Procedure for disclosing digital assets.
(a) When disclosing digital assets of a user under this Chapter, the custodian may, at its sole discretion, do any of the following:
(1) Grant a fiduciary or designated recipient full access to the user's account.
(2) Grant a fiduciary or designated recipient partial access to the user's account sufficient to perform the tasks with which the fiduciary or designated recipient is charged.
(3) Provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account.
(b) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this Chapter.
(c) A custodian need not disclose under this Chapter a digital asset deleted by the user.
(d) If a user directs or a fiduciary requests a custodian to disclose under this Chapter some, but not all, of the user's digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian or fiduciary may seek an order from the court to disclose any of the following:
(1) A subset limited by date of the user's digital assets.
(2) All of the user's digital assets to the fiduciary or designated recipient.
(3) None of the user's digital assets.
(4) All of the user's digital assets to the court for review in camera. (2016-53, s. 1.)
2023 North Carolina General Statutes › Chapter 36F - Revised Uniform Fiduciary Access to Digital Assets Act › § 36F-7 - Disclosure of content of electronic communications of deceased user.

§ 36F-7. Disclosure of content of electronic communications of deceased user.
If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the personal representative gives the custodian all of the following:
(1) A written request for disclosure in physical or electronic form.
(2) A certified copy of the death certificate of the user.
(3) A certified copy of letters of administration or letters testamentary of the personal representative, a certified copy of a small estate affidavit filed in accordance with G.S. 28A-25-1(b), a certified copy of a summary administration order described in G.S. 28A-28-3, or a court order.
(4) Unless the user provided direction using an online tool, a copy of the user's will, trust, power of attorney, or other record evidencing the user's consent to disclosure of the content of electronic communications.
(5) If requested by the custodian, any of the following:
a. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account.
b. Evidence linking the account to the user.
c. A finding by the court of any of the following:
1. That the user had a specific account with the custodian, identifiable by the information specified in sub-subdivision a. of this subdivision.
2. That disclosure of the content of electronic communications of the user would not violate 18 U.S.C. § 2701, et seq., 47 U.S.C. § 222, or other applicable law.
3. That, unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications.
4. That disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate. (2016-53, s. 1.)
2023 North Carolina General Statutes › Chapter 36F - Revised Uniform Fiduciary Access to Digital Assets Act › § 36F-8 - Disclosure of other digital assets of deceased user.

§ 36F-8. Disclosure of other digital assets of deceased user.
Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user, if the personal representative gives the custodian all of the following:
(1) A written request for disclosure in physical or electronic form.
(2) A certified copy of the death certificate of the user.
(3) A certified copy of letters of administration or letters testamentary of the personal representative, a certified copy of a small estate affidavit filed in accordance with G.S. 28A-25-1(b), a certified copy of a summary administration order described in G.S. 28A-28-3, or a court order.
(4) If requested by the custodian, any of the following:
a. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account.
b. Evidence linking the account to the user.
c. An affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate.
d. A finding by the court of any of the following:
1. That the user had a specific account with the custodian, identifiable by the information specified in sub-subdivision a. of this subdivision.
2. That disclosure of the user's digital assets is reasonably necessary for administration of the estate. (2016-53, s. 1.)
2023 North Carolina General Statutes › Chapter 36F - Revised Uniform Fiduciary Access to Digital Assets Act › § 36F-9 - Disclosure of content of electronic communications of principal.

§ 36F-9. Disclosure of content of electronic communications of principal.
To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content of an electronic communication if the agent gives the custodian all of the following:
(1) A written request for disclosure in physical or electronic form.
(2) An original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal.
(3) A certification by the agent, under penalty of perjury, that the power of attorney is in effect.
(4) If requested by the custodian, any of the following:
a. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account.
b. Evidence linking the account to the principal. (2016-53, s. 1.)
2023 North Carolina General Statutes › Chapter 36F - Revised Uniform Fiduciary Access to Digital Assets Act › § 36F-10 - Disclosure of other digital assets of principal.

§ 36F-10. Disclosure of other digital assets of principal.
Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications sent or received by the principal, and digital assets, other than the content of communications, of the principal if the agent gives the custodian all of the following:
(1) A written request for disclosure in physical or electronic form.
(2) An original or a copy of the power of attorney that gives the agent specific authority over digital assets or general authority to act on behalf of the principal.
(3) A certification by the agent, under penalty of perjury, that the power of attorney is in effect.
(4) If requested by the custodian, any of the following:
a. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account.
b. Evidence linking the account to the principal. (2016-53, s. 1.)
2023 North Carolina General Statutes › Chapter 36F - Revised Uniform Fiduciary Access to Digital Assets Act › § 36F-11 - Disclosure of digital assets held in trust when trustee is original user.

§ 36F-11. Disclosure of digital assets held in trust when trustee is original user.
Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalogue of electronic communications of the trustee and the content of electronic communications. (2016-53, s. 1.)
2023 North Carolina General Statutes › Chapter 36F - Revised Uniform Fiduciary Access to Digital Assets Act › § 36F-12 - Disclosure of contents of electronic communications held in trust when trustee not original user.

§ 36F-12. Disclosure of contents of electronic communications held in trust when trustee not original user.
Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee gives the custodian all of the following:
(1) A written request for disclosure in physical or electronic form.
(2) A verified copy of the trust instrument, or a certification of the trust under G.S. 36C-10-1013, that includes consent to disclosure of the content of electronic communications to the trustee.
(3) A certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust.
(4) If requested by the custodian, any of the following:
a. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account.
b. Evidence linking the account to the trust. (2016-53, s. 1.)