State Codes and Statutes

Statutes > North-carolina > Chapter_159E > GS_159E-2

§ 159E‑2. Definitions.

As used in this Chapter, the following terms have the followingmeanings, unless the context otherwise requires:

(1)        "Authorized officer" means any individual requiredor permitted, alone or with others, by any provision of law or by the issuingpublic entity, to execute on behalf of the public entity a certificatedregistered public obligation or a writing relating to an uncertificatedregistered public obligation.

(2)        "Certificated registered public obligation" meansa registered public obligation which is represented by an instrument.

(3)        "Code" means the Internal Revenue Code of 1954, asamended.

(4)        "Commission" means the Local GovernmentCommission.

(5)        "Facsimile seal" means the reproduction byengraving, imprinting, stamping, or other means of the seal of the issuer,official or official body.

(6)        "Facsimile signature" means the reproduction byengraving, imprinting, stamping, or other means of the manual signature.

(7)        "Financial intermediary" means a bank, broker,clearing corporation or other person or the custodian for or nominee of any ofthem which in the ordinary course of its business maintains registered publicobligation accounts for its customers, when so acting.

(8)        "Issuer" means a public entity which issues anobligation.

(9)        "Obligation" means an agreement of a public entityissuer to pay principal and any interest thereon, whether in the form of acontract to repay borrowed money, a lease, an installment purchase agreement orotherwise, and includes a share, participation, or other interest in any suchagreement.

(10)      "Official actions" means the actions by statute,order, ordinance, resolution, contract, or other authorized means by which theissuer provides for issuance of a registered public obligation.

(11)      "Official or official body" means the officer orboard that is empowered under the laws applicable to an issuer to provide fororiginal issuance of an obligation of the issuer, by defining the obligationand its terms, conditions and other incidents, the successor or successors ofany such official or official body, and such other person or group of personsas shall be assigned duties of such official or official body with respect to aregistered public obligation under applicable law from time to time. Unlessotherwise provided by law, the State Treasurer shall be the"official" for the issuance of all State obligations.

(12)      "Public entity" means any entity, department, oragency which is empowered under the laws of this State, to issue obligationsany interest with respect to which may, under any provision of law, be providedan exemption from the income tax referred to in the Code. The term "publicentity" may thus include, without limitation, this State, an entityderiving powers from and acting pursuant to the State Constitution or a speciallegislative act, a political subdivision, a municipal corporation, a Stateuniversity or college, a special district, a public authority and other similarentities.

(13)      "Registered public obligation" means an obligationissued by a public entity pursuant to a system of registration.

(14)      "System of registration" and its variants means aplan that  provides:

a.         With respect to a certificated registered public obligation,that (i) the certificated registered public obligation specify a personentitled to the registered public obligation or the rights it represents, and(ii) transfer of the certificated registered public obligation and the rightsit represents may be registered upon books maintained for that purpose by or onbehalf of the issuer; and

b.         With respect to an uncertificated registered publicobligation, that (i) books maintained by or on behalf of the issuer for thepurpose of registration of the transfer of a registered public obligationspecify a person entitled to the registered public obligation and the rightsevidenced thereby, and (ii) transfer of the uncertificated registered publicobligation and the rights evidenced thereby be registered upon such books.

(15)      "Uncertificated registered public obligation" meansa registered public obligation which is not represented by an instrument. (1983, c. 322, s. 1.)

State Codes and Statutes

Statutes > North-carolina > Chapter_159E > GS_159E-2

§ 159E‑2. Definitions.

As used in this Chapter, the following terms have the followingmeanings, unless the context otherwise requires:

(1)        "Authorized officer" means any individual requiredor permitted, alone or with others, by any provision of law or by the issuingpublic entity, to execute on behalf of the public entity a certificatedregistered public obligation or a writing relating to an uncertificatedregistered public obligation.

(2)        "Certificated registered public obligation" meansa registered public obligation which is represented by an instrument.

(3)        "Code" means the Internal Revenue Code of 1954, asamended.

(4)        "Commission" means the Local GovernmentCommission.

(5)        "Facsimile seal" means the reproduction byengraving, imprinting, stamping, or other means of the seal of the issuer,official or official body.

(6)        "Facsimile signature" means the reproduction byengraving, imprinting, stamping, or other means of the manual signature.

(7)        "Financial intermediary" means a bank, broker,clearing corporation or other person or the custodian for or nominee of any ofthem which in the ordinary course of its business maintains registered publicobligation accounts for its customers, when so acting.

(8)        "Issuer" means a public entity which issues anobligation.

(9)        "Obligation" means an agreement of a public entityissuer to pay principal and any interest thereon, whether in the form of acontract to repay borrowed money, a lease, an installment purchase agreement orotherwise, and includes a share, participation, or other interest in any suchagreement.

(10)      "Official actions" means the actions by statute,order, ordinance, resolution, contract, or other authorized means by which theissuer provides for issuance of a registered public obligation.

(11)      "Official or official body" means the officer orboard that is empowered under the laws applicable to an issuer to provide fororiginal issuance of an obligation of the issuer, by defining the obligationand its terms, conditions and other incidents, the successor or successors ofany such official or official body, and such other person or group of personsas shall be assigned duties of such official or official body with respect to aregistered public obligation under applicable law from time to time. Unlessotherwise provided by law, the State Treasurer shall be the"official" for the issuance of all State obligations.

(12)      "Public entity" means any entity, department, oragency which is empowered under the laws of this State, to issue obligationsany interest with respect to which may, under any provision of law, be providedan exemption from the income tax referred to in the Code. The term "publicentity" may thus include, without limitation, this State, an entityderiving powers from and acting pursuant to the State Constitution or a speciallegislative act, a political subdivision, a municipal corporation, a Stateuniversity or college, a special district, a public authority and other similarentities.

(13)      "Registered public obligation" means an obligationissued by a public entity pursuant to a system of registration.

(14)      "System of registration" and its variants means aplan that  provides:

a.         With respect to a certificated registered public obligation,that (i) the certificated registered public obligation specify a personentitled to the registered public obligation or the rights it represents, and(ii) transfer of the certificated registered public obligation and the rightsit represents may be registered upon books maintained for that purpose by or onbehalf of the issuer; and

b.         With respect to an uncertificated registered publicobligation, that (i) books maintained by or on behalf of the issuer for thepurpose of registration of the transfer of a registered public obligationspecify a person entitled to the registered public obligation and the rightsevidenced thereby, and (ii) transfer of the uncertificated registered publicobligation and the rights evidenced thereby be registered upon such books.

(15)      "Uncertificated registered public obligation" meansa registered public obligation which is not represented by an instrument. (1983, c. 322, s. 1.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_159E > GS_159E-2

§ 159E‑2. Definitions.

As used in this Chapter, the following terms have the followingmeanings, unless the context otherwise requires:

(1)        "Authorized officer" means any individual requiredor permitted, alone or with others, by any provision of law or by the issuingpublic entity, to execute on behalf of the public entity a certificatedregistered public obligation or a writing relating to an uncertificatedregistered public obligation.

(2)        "Certificated registered public obligation" meansa registered public obligation which is represented by an instrument.

(3)        "Code" means the Internal Revenue Code of 1954, asamended.

(4)        "Commission" means the Local GovernmentCommission.

(5)        "Facsimile seal" means the reproduction byengraving, imprinting, stamping, or other means of the seal of the issuer,official or official body.

(6)        "Facsimile signature" means the reproduction byengraving, imprinting, stamping, or other means of the manual signature.

(7)        "Financial intermediary" means a bank, broker,clearing corporation or other person or the custodian for or nominee of any ofthem which in the ordinary course of its business maintains registered publicobligation accounts for its customers, when so acting.

(8)        "Issuer" means a public entity which issues anobligation.

(9)        "Obligation" means an agreement of a public entityissuer to pay principal and any interest thereon, whether in the form of acontract to repay borrowed money, a lease, an installment purchase agreement orotherwise, and includes a share, participation, or other interest in any suchagreement.

(10)      "Official actions" means the actions by statute,order, ordinance, resolution, contract, or other authorized means by which theissuer provides for issuance of a registered public obligation.

(11)      "Official or official body" means the officer orboard that is empowered under the laws applicable to an issuer to provide fororiginal issuance of an obligation of the issuer, by defining the obligationand its terms, conditions and other incidents, the successor or successors ofany such official or official body, and such other person or group of personsas shall be assigned duties of such official or official body with respect to aregistered public obligation under applicable law from time to time. Unlessotherwise provided by law, the State Treasurer shall be the"official" for the issuance of all State obligations.

(12)      "Public entity" means any entity, department, oragency which is empowered under the laws of this State, to issue obligationsany interest with respect to which may, under any provision of law, be providedan exemption from the income tax referred to in the Code. The term "publicentity" may thus include, without limitation, this State, an entityderiving powers from and acting pursuant to the State Constitution or a speciallegislative act, a political subdivision, a municipal corporation, a Stateuniversity or college, a special district, a public authority and other similarentities.

(13)      "Registered public obligation" means an obligationissued by a public entity pursuant to a system of registration.

(14)      "System of registration" and its variants means aplan that  provides:

a.         With respect to a certificated registered public obligation,that (i) the certificated registered public obligation specify a personentitled to the registered public obligation or the rights it represents, and(ii) transfer of the certificated registered public obligation and the rightsit represents may be registered upon books maintained for that purpose by or onbehalf of the issuer; and

b.         With respect to an uncertificated registered publicobligation, that (i) books maintained by or on behalf of the issuer for thepurpose of registration of the transfer of a registered public obligationspecify a person entitled to the registered public obligation and the rightsevidenced thereby, and (ii) transfer of the uncertificated registered publicobligation and the rights evidenced thereby be registered upon such books.

(15)      "Uncertificated registered public obligation" meansa registered public obligation which is not represented by an instrument. (1983, c. 322, s. 1.)