reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter D - RULES OF THE STANDING COMMITTEES OF THE NORTH CAROLINA STATE BAR › Section .1000 - RULES GOVERNING REINSTATEMENT HEARINGS BEFORE THE ADMINISTRATIVE COMMITTEE › Section 01D .1009 - REINSTATEMENT HEARING: PROCESS FOR DETERMINING A MATTER INVOLVING THE QUESTION OF REINSTATEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
When the matter before the panel is one involving the
					 question of whether a suspended member shall be reinstated following a
					 suspension for noncompliance with the rules, the panel shall proceed as
					 follows:
(1) Examination of the Basis
				  for Determination That Deficiency Not Cured - The panel first shall examine the
				  written information transmitted by the board to the committee and shall
				  determine whether that information provides a basis for the board's
				  determination that the deficiency for which the member's license was suspended
				  had not been cured at the time the board made its determination.
(2) When There Is No Basis for Determination
				  That Deficiency Not Cured - If the written information from the board provides
				  no basis for a determination that the suspended member's deficiency had not
				  been cured at the time the board made its determination, the panel shall
				  determine that the deficiency had been cured and shall report to the committee
				  a recommendation that the suspended member be reinstated.
(3) When There Is Some Basis for
				  Determination That Deficiency Not Cured - If the written information from the
				  board provides some basis for a determination that the suspended member's
				  deficiency had not been cured at the time the board made its determination, the
				  panel shall consider all information submitted to the panel or to the board by
				  the member bearing on the issue of whether the deficiency had been cured at the
				  time the board made its determination.
(4) Assessing the Information on the Issue of
				  Cure:
(a) Based upon all the information
				  before it, the panel shall determine whether it is persuaded that the suspended
				  member's deficiency had not been cured at the time the board made its
				  determination.
(b) In assessing the
				  information on cure, when the board's determination that the deficiency had not
				  been cured is based upon its finding that credits essential to cure were
				  acquired in a course or program that was not properly accredited or approved,
				  the panel shall give that finding and any rebuttal information from the member
				  the consideration described in Rule .1006(f) of this Section.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter D - RULES OF THE STANDING COMMITTEES OF THE NORTH CAROLINA STATE BAR › Section .1000 - RULES GOVERNING REINSTATEMENT HEARINGS BEFORE THE ADMINISTRATIVE COMMITTEE › Section 01D .1010 - REPORT BY THE PANEL TO THE COMMITTEE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Report
				  by the Panel - At the first meeting of the committee following a panel's
				  hearing a matter, the panel shall report to the committee its determinations
				  and recommendations.
(b) When
				  Report Recommends Reinstatement or No Suspension - If the panel reports to the
				  committee, in a matter involving the question of suspension, a recommendation
				  that the member not be suspended, or, in a matter involving the question of
				  reinstatement, a recommendation that the member be reinstated, the committee
				  shall accept the report, and the panel's recommendation shall be the
				  recommendation of the committee.
(c) When Report Recommends Suspension or No
				  Reinstatement - If the panel reports to the committee, in a matter involving
				  the question of suspension, a recommendation that the member be suspended, or,
				  in a matter involving the question of reinstatement, a recommendation that the
				  member not be reinstated, the committee shall consider the information reported
				  by the panel and shall determine whether there is any basis for the panel's
				  recommendation.
(d) When
				  Information Contains No Basis for Panel's Recommendation - If the information
				  reported by the panel contains no basis for the panel's recommendation of
				  suspension or its recommendation of no reinstatement, the committee shall
				  reject the panel's recommendation and shall recommend, in a suspension matter,
				  that the member not be suspended or, in a reinstatement matter, that the member
				  be reinstated.
(e) When Information
				  Contains Some Basis for Panel's Recommendation - If the information reported by
				  the panel contains some basis for the panel's recommendation of suspension, or
				  its recommendation of no reinstatement, the committee shall accept the panel's
				  recommendation and shall recommend, in a suspension matter, that the member be
				  suspended or, in a reinstatement matter, that the member not be
				  reinstated.
Authority
					 G.S.
					 84-23; Order of the NC Supreme Court, dated
					 October 7, 1987, 318 N.C. 711;
Readopted Eff. December 8,
					 1994.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter D - RULES OF THE STANDING COMMITTEES OF THE NORTH CAROLINA STATE BAR › Section .1000 - RULES GOVERNING REINSTATEMENT HEARINGS BEFORE THE ADMINISTRATIVE COMMITTEE › Section 01D .1011 - REPORT BY THE COMMITTEE TO THE COUNCIL

Current through Register Vol. 39, No. 2, July 15, 2024
At the first meeting of the council following the
					 committee's receiving the report of a panel on a matter, the committee shall
					 report to the council for final action the committee's recommendation in the
					 matter.
Authority
					 G.S.
					 84-23; Order of the NC Supreme Court, dated
					 October 7, 1987, 318 N.C. 711;
Readopted Eff. December 8,
					 1994.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter D - RULES OF THE STANDING COMMITTEES OF THE NORTH CAROLINA STATE BAR › Section .1300 - RULES GOVERNING THE ADMINISTRATION OF THE PLAN FOR INTEREST ON LAWYERS' TRUST ACCOUNTS (IOLTA) › Section 01D .1301 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The IOLTA Board of Trustees (board) shall
				  carry out the provisions of the Plan for Interest on Lawyers' Trust Accounts
				  and administer the IOLTA program (NC IOLTA). Any funds remitted to the North
				  Carolina State Bar from banks by reason of interest earned on general trust
				  accounts established by lawyers pursuant to Rule 1.15-2(b) of the Rules of
				  Professional Conduct or interest earned on trust or escrow accounts maintained
				  by settlement agents pursuant to
				  G.S.
				  45A-9 shall be deposited by the North
				  Carolina State Bar through the board in a special account or accounts which
				  shall be segregated from other funds of whatever nature received by the State
				  Bar.
(b) The funds received, and
				  any interest, dividends, or other proceeds earned on or with respect to these
				  funds, net of banking charges described in section .1316(e)(1), shall be used
				  for programs concerned with the improvement of the administration of justice,
				  under the supervision and direction of the NC IOLTA Board. The board will award
				  grants or non-interest bearing loans under the four categories approved by the
				  North Carolina Supreme Court being mindful of its tax exempt status and the IRS
				  rulings that private interests of the legal profession are not to be funded
				  with IOLTA funds.
(c) The programs
				  for which the funds may be awarded are:
(1)
				  providing civil legal services for indigents;
(2) enhancement and improvement of grievance
				  and disciplinary procedures to protect the public more fully from incompetent
				  or unethical attorneys;
(3)
				  development and maintenance of a fund for student loans to enable meritorious
				  persons to obtain a legal education who would not otherwise have adequate funds
				  for this purpose;
(4) such other
				  programs designed to improve the administration of justice as may from time to
				  time be proposed by the board and approved by the Supreme Court of North
				  Carolina.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter D - RULES OF THE STANDING COMMITTEES OF THE NORTH CAROLINA STATE BAR › Section .1300 - RULES GOVERNING THE ADMINISTRATION OF THE PLAN FOR INTEREST ON LAWYERS' TRUST ACCOUNTS (IOLTA) › Section 01D .1302 - JURISDICTION: AUTHORITY

Current through Register Vol. 39, No. 2, July 15, 2024
The Board of Trustees of the North Carolina State Bar Plan
					 for Interest on Lawyers' Trust Accounts (IOLTA) is created as a standing
					 committee by the North Carolina State Bar Council pursuant to Chapter 84 of the
					 North Carolina General Statutes for the disposition of funds received by the
					 North Carolina State Bar from interest on trust accounts or from other sources
					 intended for the provision of legal services to the indigent and the
					 improvement of the administration of justice.
Authority
					 G.S.
					 84-23;
Readopted Effective
					 December 8, 1994;
Amended Effective March 8,
					 2007.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter D - RULES OF THE STANDING COMMITTEES OF THE NORTH CAROLINA STATE BAR › Section .1300 - RULES GOVERNING THE ADMINISTRATION OF THE PLAN FOR INTEREST ON LAWYERS' TRUST ACCOUNTS (IOLTA) › Section 01D .1303 - OPERATIONAL RESPONSIBILITY

Current through Register Vol. 39, No. 2, July 15, 2024
The responsibility for operating the program of the board
					 rests with the governing body of the board, subject to the statutes governing
					 the practice of law, the authority of the council and the rules of governance
					 of the board.
Authority
					 G.S.
					 84-23;
Readopted Eff. December 8,
					 1994.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter D - RULES OF THE STANDING COMMITTEES OF THE NORTH CAROLINA STATE BAR › Section .1300 - RULES GOVERNING THE ADMINISTRATION OF THE PLAN FOR INTEREST ON LAWYERS' TRUST ACCOUNTS (IOLTA) › Section 01D .1304 - SIZE OF BOARD

Current through Register Vol. 39, No. 2, July 15, 2024
The board shall have nine members, at least six of whom
					 must be attorneys in good standing and authorized to practice law in the state
					 of North Carolina.
Authority
					 G.S.
					 84-23;
Readopted Eff. December 8,
					 1994.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter D - RULES OF THE STANDING COMMITTEES OF THE NORTH CAROLINA STATE BAR › Section .1300 - RULES GOVERNING THE ADMINISTRATION OF THE PLAN FOR INTEREST ON LAWYERS' TRUST ACCOUNTS (IOLTA) › Section 01D .1305 - LAY PARTICIPATION

Current through Register Vol. 39, No. 2, July 15, 2024
The board may have no more than three members who are not
					 licensed attorneys.
Authority
					 G.S.
					 84-23;
Readopted Eff. December 8,
					 1994.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter D - RULES OF THE STANDING COMMITTEES OF THE NORTH CAROLINA STATE BAR › Section .1300 - RULES GOVERNING THE ADMINISTRATION OF THE PLAN FOR INTEREST ON LAWYERS' TRUST ACCOUNTS (IOLTA) › Section 01D .1306 - APPOINTMENT OF MEMBERS; WHEN; REMOVAL

Current through Register Vol. 39, No. 2, July 15, 2024
The members of the board shall be appointed by the Council
					 of the North Carolina State Bar. The July quarterly meeting is when the
					 appointments are made. Vacancies occurring by reason of death, resignation or
					 removal shall be filled by appointment of the council at the next quarterly
					 meeting following the event giving rise to the vacancy, and the person so
					 appointed shall serve for the balance of the vacated term. Any member of the
					 board may be removed at any time by an affirmative vote of a majority of the
					 members of the council in session at a regularly called
					 meeting.
Authority
					 G.S.
					 84-23;
Readopted Eff. December 8,
					 1994.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter D - RULES OF THE STANDING COMMITTEES OF THE NORTH CAROLINA STATE BAR › Section .1300 - RULES GOVERNING THE ADMINISTRATION OF THE PLAN FOR INTEREST ON LAWYERS' TRUST ACCOUNTS (IOLTA) › Section 01D .1307 - TERM OF OFFICE

Current through Register Vol. 39, No. 2, July 15, 2024
Each member who is appointed to the board shall serve for a
					 term of three years beginning on September 1.
Authority
					 G.S.
					 84-23;
Readopted Eff. December 8,
					 1994.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter D - RULES OF THE STANDING COMMITTEES OF THE NORTH CAROLINA STATE BAR › Section .1300 - RULES GOVERNING THE ADMINISTRATION OF THE PLAN FOR INTEREST ON LAWYERS' TRUST ACCOUNTS (IOLTA) › Section 01D .1308 - STAGGERED TERMS

Current through Register Vol. 39, No. 2, July 15, 2024
It is intended that members of the board shall be elected
					 to staggered terms such that three members are appointed in each
					 year.
Authority
					 G.S.
					 84-23;
Readopted Eff. December 8,
					 1994.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter D - RULES OF THE STANDING COMMITTEES OF THE NORTH CAROLINA STATE BAR › Section .1300 - RULES GOVERNING THE ADMINISTRATION OF THE PLAN FOR INTEREST ON LAWYERS' TRUST ACCOUNTS (IOLTA) › Section 01D .1309 - SUCCESSION

Current through Register Vol. 39, No. 2, July 15, 2024
Each member of the board shall be entitled to serve for two
					 full three-year terms. No member shall serve more than two consecutive
					 three-year terms, in addition to service prior to the beginning of a full
					 three-year term, without having been off the board for at least three
					 years.
Authority
					 G.S.
					 84-23;
Readopted Eff. December 8,
					 1994.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter D - RULES OF THE STANDING COMMITTEES OF THE NORTH CAROLINA STATE BAR › Section .1300 - RULES GOVERNING THE ADMINISTRATION OF THE PLAN FOR INTEREST ON LAWYERS' TRUST ACCOUNTS (IOLTA) › Section 01D .1310 - APPOINTMENT OF CHAIRPERSON

Current through Register Vol. 39, No. 2, July 15, 2024
The chairperson of the board shall be appointed from time
					 to time as necessary by the council. The term of such individual as chairperson
					 shall be for one year. The chairperson may be reappointed thereafter during his
					 or her tenure on the board. The chairperson shall preside at all meetings of
					 the board, shall prepare and present to the council the annual report of the
					 board, and generally shall represent the board in its dealings with the
					 public.
Authority
					 G.S.
					 84-23;
Readopted Eff. December 8,
					 1994.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter D - RULES OF THE STANDING COMMITTEES OF THE NORTH CAROLINA STATE BAR › Section .1300 - RULES GOVERNING THE ADMINISTRATION OF THE PLAN FOR INTEREST ON LAWYERS' TRUST ACCOUNTS (IOLTA) › Section 01D .1311 - APPOINTMENT OF VICE CHAIRPERSON

Current through Register Vol. 39, No. 2, July 15, 2024
The vice chairperson of the board shall be appointed from
					 time to time as necessary by the council. The term of such individual as vice
					 chairperson shall be one year. The vice-chairperson may be reappointed
					 thereafter during tenure on the board. The vice chairperson shall preside at
					 and represent the board in the absence of the chairperson and shall perform
					 such other duties as may be assigned to him or her by the chairperson or by the
					 board.
Authority
					 G.S.
					 84-23;
Readopted Eff. December 8,
					 1994.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter D - RULES OF THE STANDING COMMITTEES OF THE NORTH CAROLINA STATE BAR › Section .1300 - RULES GOVERNING THE ADMINISTRATION OF THE PLAN FOR INTEREST ON LAWYERS' TRUST ACCOUNTS (IOLTA) › Section 01D .1312 - SOURCE OF FUNDS

Current through Register Vol. 39, No. 2, July 15, 2024
Funding for the program carried out by the board shall come
					 from funds remitted from depository institutions by reason of interest earned
					 on trust accounts established by lawyers pursuant to Rule 1.15 of the Rules of
					 Professional Conduct and Rule .1316 of this subchapter or interest earned on
					 trust or escrow accounts maintained by settlement agents pursuant to
					 G.S.
					 45A-9; voluntary contributions from lawyers;
					 and interest, dividends, or other proceeds earned on the board's funds from
					 investments or from other sources intended for the provision of legal services
					 to the indigent and the improvement of the administration of
					 justice.
Authority
					 G.S.
					 84-23;
Readopted Eff. December 8,
					 1994;
Amended Eff. March 8, 2012; February 5, 2009; March 8,
					 2007.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter D - RULES OF THE STANDING COMMITTEES OF THE NORTH CAROLINA STATE BAR › Section .1300 - RULES GOVERNING THE ADMINISTRATION OF THE PLAN FOR INTEREST ON LAWYERS' TRUST ACCOUNTS (IOLTA) › Section 01D .1313 - FISCAL RESPONSIBILITY

Current through Register Vol. 39, No. 2, July 15, 2024
All funds of the board shall be considered funds of the
					 North Carolina State Bar, with the beneficial interest in those funds being
					 vested in the board for grants to qualified applicants in the public interest,
					 less administrative costs. These funds shall be administered and disbursed by
					 the board in accordance with rules or policies developed by the North Carolina
					 State Bar and approved by the North Carolina Supreme Court. The funds shall be
					 used only to pay the administrative costs of the IOLTA program and to fund
					 grants approved by the board under the four categories approved by the North
					 Carolina Supreme Court as outlined above.
(a) Maintenance of Accounts: Audit - The
				  funds of the IOLTA program shall be maintained in a separate account from funds
				  of the North Carolina State Bar such that the funds and expenditures therefrom
				  can be readily identified. The accounts of the board shall be audited on an
				  annual basis. The audit will be conducted after the books are closed at a time
				  determined by the auditors, but not later than March 31 of the year following
				  the year for which the audit is to be conducted.
(b) Investment Criteria - The funds of the
				  board shall be handled, invested and reinvested in accordance with investment
				  policies adopted by the Council of the North Carolina State Bar for handling of
				  dues, rents, and other revenues received by the North Carolina State Bar in
				  carrying out its official duties.
(c) Disbursements - Disbursement of funds of
				  the board in the nature of grants to qualified applicants in the public
				  interest, less administrative costs, shall be made by the board in accordance
				  with policies developed by the North Carolina State Bar and approved by the
				  North Carolina Supreme Court. The board shall adopt an annual operational
				  budget and disbursements shall be made in accordance with the budget as
				  adopted. The board shall determine the signatories on the IOLTA
				  accounts.
Authority
					 G.S.
					 84-23;
Readopted Effective
					 December 8, 1994;
Amendments Approved by the Supreme Court:
					 September 28, 2017.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter D - RULES OF THE STANDING COMMITTEES OF THE NORTH CAROLINA STATE BAR › Section .1300 - RULES GOVERNING THE ADMINISTRATION OF THE PLAN FOR INTEREST ON LAWYERS' TRUST ACCOUNTS (IOLTA) › Section 01D .1314 - MEETINGS

Current through Register Vol. 39, No. 2, July 15, 2024
The board by resolution may set regular meeting dates and
					 places. Special meetings of the board may be called at any time upon notice
					 given by the chairperson, the vice-chairperson or any two members of the board.
					 Notice of meeting shall be given at least two days prior to the meeting by
					 mail, telegram, facsimile transmission, or telephone. A quorum of the board for
					 conducting its official business shall be a majority of the total membership of
					 the board.
Authority
					 G.S.
					 84-23;
Readopted Eff. December 8,
					 1994.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter D - RULES OF THE STANDING COMMITTEES OF THE NORTH CAROLINA STATE BAR › Section .1300 - RULES GOVERNING THE ADMINISTRATION OF THE PLAN FOR INTEREST ON LAWYERS' TRUST ACCOUNTS (IOLTA) › Section 01D .1315 - ANNUAL REPORT

Current through Register Vol. 39, No. 2, July 15, 2024
The board shall prepare at least annually a report of its
					 activities and shall present same to the council one month prior to its annual
					 meeting.
Authority
					 G.S.
					 84-23;
Readopted Eff. December 8,
					 1994.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter D - RULES OF THE STANDING COMMITTEES OF THE NORTH CAROLINA STATE BAR › Section .1300 - RULES GOVERNING THE ADMINISTRATION OF THE PLAN FOR INTEREST ON LAWYERS' TRUST ACCOUNTS (IOLTA) › Section 01D .1317 - COMPARABILITY REQUIREMENTS FOR IOLTA ACCOUNTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Comparability of Interest Rate. Eligible Banks that offer and maintain IOLTA
				  Accounts must pay to an IOLTA Account the highest interest rate generally
				  available from the bank to non-IOLTA Accounts (Comparable Rate) when the IOLTA
				  Account meets or exceeds the same minimum balance or other account eligibility
				  qualifications, if any. In determining the highest interest rate generally
				  available from the bank to non-IOLTA accounts, an Eligible Bank may consider
				  factors, in addition to the IOLTA account balance, customarily considered by
				  the bank when setting interest rates for its customers, provided that such
				  factors do not discriminate between IOLTA accounts and non-IOLTA
				  accounts.
(b) Options for
				  Satisfying Requirement. An Eligible Bank may satisfy the Comparable Rate
				  requirement by electing one of the following options:
(1) use an account product that has a
				  Comparable Rate;
(2) without
				  actually changing the IOLTA Account to the bank's Comparable Rate product, pay
				  the Comparable Rate on the IOLTA Account; or
(3) pay the benchmark rate (Benchmark), which
				  shall be determined by NC IOLTA periodically, but not more frequently than
				  every six months, to reflect the overall Comparable Rate for the NC IOLTA
				  program. The Benchmark shall be a rate equal to the greater of:
(i) 0.65 percent or
(ii) 65 percent of the Federal Funds Target
				  Rate as of the first business day of the IOLTA remitting period, and shall be
				  net of allowable reasonable service charges. When applicable, NC IOLTA will
				  express the Benchmark in relation to the Federal Funds Target Rate.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter D - RULES OF THE STANDING COMMITTEES OF THE NORTH CAROLINA STATE BAR › Section .1300 - RULES GOVERNING THE ADMINISTRATION OF THE PLAN FOR INTEREST ON LAWYERS' TRUST ACCOUNTS (IOLTA) › Section 01D .1318 - CONFIDENTIALITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) As used in this rule, "confidential
				  information" means all information regarding IOLTA account(s) other than (1) a
				  lawyer's/law firm's or settlement agent's status as a participant, former
				  participant, or non-participant in NC IOLTA, and (2) information regarding the
				  policies and practices of any bank in respect of IOLTA trust accounts,
				  including rates of interest paid, service charge policies, the number of IOLTA
				  accounts at such bank, the total amount on deposit in all IOLTA accounts at
				  such bank, the total amounts of interest paid to NC IOLTA, and the total amount
				  of service charges imposed by such bank upon such accounts.
(b) Confidential information shall not be
				  disclosed by the staff or trustees of NC IOLTA to any person or entity, except
				  that confidential information may be disclosed (1) to any chairperson of the
				  grievance committee, staff attorney, or investigator of the North Carolina
				  State Bar upon his or her written request specifying the information requested
				  and stating that the request is made in connection with a grievance complaint
				  or investigation regarding one or more trust accounts of a lawyer/law firm or
				  settlement agent; or (2) in response to a lawful order or other process issued
				  by a court of competent jurisdiction, or a subpoena, investigative demand, or
				  similar notice issued by a federal, state, or local law enforcement
				  agency.
Authority - Order of
					 the NC Supreme Court;
Eff. March 6, 2008;
Recodified
					 from Rule .1317 Eff. July 1, 2010;
Amended Eff. March 8,
					 2012.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter D - RULES OF THE STANDING COMMITTEES OF THE NORTH CAROLINA STATE BAR › Section .1300 - RULES GOVERNING THE ADMINISTRATION OF THE PLAN FOR INTEREST ON LAWYERS' TRUST ACCOUNTS (IOLTA) › Section 01D .1319 - CERTIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
Every lawyer admitted to practice in North Carolina shall
					 certify annually on or before June 30 to the North Carolina State Bar that all
					 general trust accounts maintained by the lawyer or his or her law firm are
					 established and maintained as IOLTA accounts as prescribed by Rule 1.15 of the
					 Rules of Professional Conduct and Rule .1316 of this subchapter or that the
					 lawyer is exempt from this provision because he or she does not maintain any
					 general trust account(s) for North Carolina client funds. Any lawyer acting as
					 a settlement agent who maintains a trust or escrow account used for the purpose
					 of receiving and disbursing closing and loan funds shall certify annually on or
					 before June 30 to the North Carolina State Bar that such accounts are
					 established and maintained as IOLTA accounts as prescribed by
					 G.S.
					 45A-9 and Rule .1316 of this
					 subchapter.
Authority - Order of
					 the N.C. Supreme Court;
Eff. March 6, 2008;
Amended
					 Eff. February 5, 2009;
Recodified from Rule .1318 Eff. July 1,
					 2010;
Amended Eff. March 8,
					 2012.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter D - RULES OF THE STANDING COMMITTEES OF THE NORTH CAROLINA STATE BAR › Section .1300 - RULES GOVERNING THE ADMINISTRATION OF THE PLAN FOR INTEREST ON LAWYERS' TRUST ACCOUNTS (IOLTA) › Section 01D .1320 - NONCOMPLIANCE

Current through Register Vol. 39, No. 2, July 15, 2024
Every lawyer must comply with all of the administrative
					 requirements of this Rule, including the certification required in Rule .1319
					 of this Subchapter. A lawyer's failure to comply with the mandatory provisions
					 of this Subchapter shall be reported to the Administrative Committee which may
					 initiate proceedings to suspend administratively the lawyer's active membership
					 status and eligibility to practice law pursuant to Rule .0903 of this
					 Subchapter.
Order of the N.C.
					 Supreme Court;
Adopted Eff. March 6, 2008;
Amended Eff.
					 January 28, 2010;
Recodified from Rule .1319 Eff. July 1,
					 2010.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter D - RULES OF THE STANDING COMMITTEES OF THE NORTH CAROLINA STATE BAR › Section .1300 - RULES GOVERNING THE ADMINISTRATION OF THE PLAN FOR INTEREST ON LAWYERS' TRUST ACCOUNTS (IOLTA) › Section 01D .1321 - SEVERABILITY

Current through Register Vol. 39, No. 2, July 15, 2024
If any provision of this plan or the application thereof is
					 held invalid, the invalidity does not affect other provisions or application of
					 the plan which can be given effect without the invalid provision or
					 application, and to this end the provisions of the plan are
					 severable.
Order of the N.C.
					 Supreme Court;
Eff. March 6, 2008;
Recodified from Rule
					 .1320 Eff. July 1, 2010.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter D - RULES OF THE STANDING COMMITTEES OF THE NORTH CAROLINA STATE BAR › Section .1400 - RULES GOVERNING THE ADMINISTRATION OF THE CLIENT SECURITY FUND OF THE NORTH CAROLINA STATE BAR › Section 01D .1402 - JURISDICTION: AUTHORITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) G.S.
				  84 vests in the State Bar authority to control the discipline, disbarment, and
				  restoration of licenses of attorneys; to formulate and adopt rules of
				  professional ethics and conduct; and to do all such things necessary in the
				  furtherance of the purposes of the statutes governing the practice of the law
				  as are not themselves prohibited by law.
				  G.S.
				  84-22 authorizes the State Bar to establish
				  such committees, standing or special, as from time to time the council deems
				  appropriate for the proper discharge of its duties; and to determine the number
				  of members, composition, method of appointment or election, functions, powers
				  and duties, structure, authority to act, and other matters relating to such
				  committees. The rules of the State Bar, as adopted and amended from time to
				  time, are subject to approval by the Supreme Court under
				  G.S.
				  84-21.
(b) The Supreme Court orders, entered in the
				  exercise of the Supreme Court's inherent power to supervise and regulate
				  attorney conduct, authorized the establishment of the Fund, as a standing
				  committee of the council, to be administered by the State Bar under rules and
				  regulations approved by the Supreme Court.
Authority Orders of
					 the NC Supreme Court, August 29, 1984, October 10, 1984;
Readopted
					 Eff. December 8, 1994.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter D - RULES OF THE STANDING COMMITTEES OF THE NORTH CAROLINA STATE BAR › Section .1400 - RULES GOVERNING THE ADMINISTRATION OF THE CLIENT SECURITY FUND OF THE NORTH CAROLINA STATE BAR › Section 01D .1403 - OPERATIONAL RESPONSIBILITY

Current through Register Vol. 39, No. 2, July 15, 2024
The responsibility for operating the Fund and the program
					 of the board rests with the board, subject to the Supreme Court orders, the
					 statutes governing the practice of law, the authority of the council, and the
					 rules of the board.
Authority Orders of
					 the NC Supreme Court, August 29, 1984, October 10, 1984;
Readopted
					 Eff. December 8, 1994.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter D - RULES OF THE STANDING COMMITTEES OF THE NORTH CAROLINA STATE BAR › Section .1400 - RULES GOVERNING THE ADMINISTRATION OF THE CLIENT SECURITY FUND OF THE NORTH CAROLINA STATE BAR › Section 01D .1404 - SIZE OF BOARD

Current through Register Vol. 39, No. 2, July 15, 2024
The board shall have five members, four of whom must be
					 attorneys in good standing and authorized to practice law in the state of North
					 Carolina.
Authority Orders of
					 the NC Supreme Court, August 29, 1984, October 10, 1984;
Readopted
					 Eff. December 8, 1994.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter D - RULES OF THE STANDING COMMITTEES OF THE NORTH CAROLINA STATE BAR › Section .1400 - RULES GOVERNING THE ADMINISTRATION OF THE CLIENT SECURITY FUND OF THE NORTH CAROLINA STATE BAR › Section 01D .1405 - LAY PARTICIPATION

Current through Register Vol. 39, No. 2, July 15, 2024
The board shall have one member who is not a licensed
					 attorney.
Authority Orders of
					 the NC Supreme Court, August 29, 1984, October 10, 1984;
Readopted
					 Eff. December 8, 1994.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter D - RULES OF THE STANDING COMMITTEES OF THE NORTH CAROLINA STATE BAR › Section .1400 - RULES GOVERNING THE ADMINISTRATION OF THE CLIENT SECURITY FUND OF THE NORTH CAROLINA STATE BAR › Section 01D .1406 - APPOINTMENT OF MEMBERS; WHEN; REMOVAL

Current through Register Vol. 39, No. 2, July 15, 2024
The members of the board shall be appointed by the council.
					 Any member of the board may be removed at any time by the affirmative vote of a
					 majority of the members of the council at a regularly called meeting. Vacancies
					 occurring by reason of death, disability, resignation, or removal of a member
					 shall be filled by appointment of the president of the State Bar with the
					 approval of the council at its next quarterly meeting following the event
					 giving rise to the vacancy, and the person so appointed shall serve for the
					 balance of the vacated term.
Authority Orders of
					 the NC Supreme Court, August 29, 1984, October 10, 1984;
Readopted
					 Eff. December 8, 1994.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter D - RULES OF THE STANDING COMMITTEES OF THE NORTH CAROLINA STATE BAR › Section .1400 - RULES GOVERNING THE ADMINISTRATION OF THE CLIENT SECURITY FUND OF THE NORTH CAROLINA STATE BAR › Section 01D .1407 - TERM OF OFFICE

Current through Register Vol. 39, No. 2, July 15, 2024
Each member who is appointed to the board, other than a
					 member appointed to fill a vacancy created by the death, disability, removal or
					 resignation of a member, shall serve for a term of five years beginning as of
					 the first day of the month following the date upon which the appointment is
					 made by the council. A member appointed to fill a vacancy shall serve the
					 remainder of the vacated term.
Authority Orders of
					 the NC Supreme Court, August 29, 1984, October 10, 1984;
Readopted
					 Eff. December 8, 1994.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter D - RULES OF THE STANDING COMMITTEES OF THE NORTH CAROLINA STATE BAR › Section .1400 - RULES GOVERNING THE ADMINISTRATION OF THE CLIENT SECURITY FUND OF THE NORTH CAROLINA STATE BAR › Section 01D .1408 - STAGGERED TERMS

Current through Register Vol. 39, No. 2, July 15, 2024
It is intended that members of the board shall be elected
					 to staggered terms such that one member is appointed in each
					 year.
Authority Orders of
					 the NC Supreme Court, August 29, 1984, October 10, 1984;
Readopted
					 Eff. December 8, 1994.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter D - RULES OF THE STANDING COMMITTEES OF THE NORTH CAROLINA STATE BAR › Section .1400 - RULES GOVERNING THE ADMINISTRATION OF THE CLIENT SECURITY FUND OF THE NORTH CAROLINA STATE BAR › Section 01D .1409 - SUCCESSION

Current through Register Vol. 39, No. 2, July 15, 2024
Each member of the board shall be entitled to serve for one
					 full five-year term. A member appointed to fill a vacated term may be appointed
					 to serve one full five-year term immediately following the expiration of the
					 vacated term but shall not be entitled as of right to such appointment. No
					 person shall be reappointed to the board until the expiration of three years
					 following the last day of the previous term of such person on the
					 board.
Authority Orders of
					 the NC Supreme Court, August 29, 1984, October 10, 1984;
Readopted
					 Eff. December 8, 1994.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter D - RULES OF THE STANDING COMMITTEES OF THE NORTH CAROLINA STATE BAR › Section .1400 - RULES GOVERNING THE ADMINISTRATION OF THE CLIENT SECURITY FUND OF THE NORTH CAROLINA STATE BAR › Section 01D .1410 - APPOINTMENT OF CHAIRPERSON

Current through Register Vol. 39, No. 2, July 15, 2024
The chairperson of the board shall be appointed from the
					 members of the board annually by the council. The term of the chairperson shall
					 be one year. The chairperson may be reappointed by the council thereafter
					 during tenure on the board. The chairperson shall preside at all meetings of
					 the board, shall prepare and present to the council the annual report of the
					 board, and generally shall represent the board in its dealings with the
					 public.
Authority Orders of
					 the NC Supreme Court, August 29, 1984, October 10, 1984;
Readopted
					 Eff. December 8, 1994.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter D - RULES OF THE STANDING COMMITTEES OF THE NORTH CAROLINA STATE BAR › Section .1400 - RULES GOVERNING THE ADMINISTRATION OF THE CLIENT SECURITY FUND OF THE NORTH CAROLINA STATE BAR › Section 01D .1411 - APPOINTMENT OF VICE CHAIRPERSON

Current through Register Vol. 39, No. 2, July 15, 2024
The vice-chairperson of the board shall be appointed from
					 the members of the board annually by the council. The term of the
					 vice-chairperson shall be one year. The vice chairperson may be reappointed by
					 the council thereafter during tenure on the board. The vice-chairperson shall
					 preside at and represent the board in the absence of the chairperson and shall
					 perform such other duties as may be assigned to him by the chairperson or by
					 the board.
Authority Orders of
					 the NC Supreme Court, August 29, 1984, October 10, 1984;
Readopted
					 Eff. December 8, 1994.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter D - RULES OF THE STANDING COMMITTEES OF THE NORTH CAROLINA STATE BAR › Section .1400 - RULES GOVERNING THE ADMINISTRATION OF THE CLIENT SECURITY FUND OF THE NORTH CAROLINA STATE BAR › Section 01D .1412 - SOURCE OF FUNDS

Current through Register Vol. 39, No. 2, July 15, 2024
Funds for the program carried out by the board shall come
					 from assessments of members of the State Bar as ordered by the Supreme Court,
					 from voluntary contributions, and as may otherwise be received by the
					 Fund.
Authority Orders of
					 the NC Supreme Court, August 29, 1984, October 10, 1984;
Readopted
					 Eff. December 8, 1994.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter D - RULES OF THE STANDING COMMITTEES OF THE NORTH CAROLINA STATE BAR › Section .1400 - RULES GOVERNING THE ADMINISTRATION OF THE CLIENT SECURITY FUND OF THE NORTH CAROLINA STATE BAR › Section 01D .1413 - FISCAL RESPONSIBILITY

Current through Register Vol. 39, No. 2, July 15, 2024
All funds of the board shall be considered funds of the
					 State Bar and shall be maintained, invested, and disbursed as follows:
(1) Maintenance of Accounts; Audit - The
				  State Bar shall maintain a separate account for funds of the board such that
				  such funds and expenditures therefrom can be readily identified. The accounts
				  of the board shall be audited annually in connection with the audits of the
				  State Bar.
(2) Investment Criteria
				  - The funds of the board shall be kept, invested, and reinvested in accordance
				  with investment policies adopted by the council for dues, rents, and other
				  revenues received by the State Bar in carrying out its official duties. In no
				  case shall the funds be invested or reinvested in investments other than such
				  as are permitted to fiduciaries under the General Statutes of North
				  Carolina.
(3) Disbursement -
				  Disbursement of funds of the board shall be made by or under the direction of
				  the secretary of the State Bar.
Authority Orders of
					 the NC Supreme Court, August 29, 1984, October 10, 1984;
Readopted
					 Eff. December 8, 1994.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter D - RULES OF THE STANDING COMMITTEES OF THE NORTH CAROLINA STATE BAR › Section .1400 - RULES GOVERNING THE ADMINISTRATION OF THE CLIENT SECURITY FUND OF THE NORTH CAROLINA STATE BAR › Section 01D .1414 - MEETINGS

Current through Register Vol. 39, No. 2, July 15, 2024
The annual meeting of the board shall be held in October of
					 each year in connection with the annual meeting of the State Bar. The board by
					 resolution may set other regular meeting dates and places. Special meetings of
					 the board may be called at any time upon notice given by the chairperson, the
					 vice-chairperson, or any two members of the board. Notice of meeting shall be
					 given at least two days prior to the meeting by mail, telegram, facsimile
					 transmission or telephone. A quorum of the board for conducting its official
					 business shall be a majority of the members serving at a particular time.
					 Written minutes of all meetings shall be prepared and
					 maintained.
Authority Orders of
					 the NC Supreme Court, August 29, 1984, October 10, 1984;
Readopted
					 Eff. December 8, 1994.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter D - RULES OF THE STANDING COMMITTEES OF THE NORTH CAROLINA STATE BAR › Section .1400 - RULES GOVERNING THE ADMINISTRATION OF THE CLIENT SECURITY FUND OF THE NORTH CAROLINA STATE BAR › Section 01D .1415 - ANNUAL REPORT

Current through Register Vol. 39, No. 2, July 15, 2024
The board shall prepare at least annually a report of its
					 activities and shall present the same to the council at the annual meeting of
					 the State Bar.
Authority Orders of
					 the NC Supreme Court, August 29, 1984, October 10, 1984;
Readopted
					 Eff. December 8, 1994.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter D - RULES OF THE STANDING COMMITTEES OF THE NORTH CAROLINA STATE BAR › Section .1400 - RULES GOVERNING THE ADMINISTRATION OF THE CLIENT SECURITY FUND OF THE NORTH CAROLINA STATE BAR › Section 01D .1416 - APPROPRIATE USES OF THE CLIENT SECURITY FUND

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The board
				  may use or employ the Fund for only the following purposes within the scope of
				  the board's objectives as heretofore outlined:
(1) to make reimbursements on approved
				  applications as herein provided;
(2) to purchase insurance to cover such
				  losses in whole or in part as is deemed appropriate;
(3) to invest such portions of the Fund as
				  may not be needed currently to reimburse losses, in such investments as are
				  permitted to fiduciaries by the General Statutes of North Carolina;
(4) to pay the administrative expenses of the
				  board, including employment of counsel to prosecute subrogation
				  claims.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter D - RULES OF THE STANDING COMMITTEES OF THE NORTH CAROLINA STATE BAR › Section .1400 - RULES GOVERNING THE ADMINISTRATION OF THE CLIENT SECURITY FUND OF THE NORTH CAROLINA STATE BAR › Section 01D .1417 - APPLICATIONS FOR REIMBURSEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The board shall prepare a form of application for reimbursement which shall
				  require the following minimum information, and such other information as the
				  board may from time to time specify:
(1) the
				  name and address of the applicant;
(2) the name and address of the attorney who
				  is alleged to have engaged in dishonest conduct;
(3) the amount of the alleged loss for which
				  application is made;
(4) the date
				  on or period of time during which the alleged loss occurred;
(5) a general statement of facts relative to
				  the application;
(6) a description
				  of any relationship between the applicant and the attorney of the kinds
				  described in Rule .1401(b)(8)(A) and (C) of this Section;
(7) verification by the applicant;
(8) all supporting documents, including:
(A) copies of any court proceedings against
				  the attorney;
(B) copies of all
				  documents showing any reimbursement or receipt of funds in payment of any
				  portion of the loss.