State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_35A > GS_35A-1268

§35A‑1268.  Guardian to exhibit investments and bank statements.

At the time the accountsrequired by this Article and other provisions of law are filed, the clerk shallrequire the guardian to exhibit to the court all investments and bankstatements showing cash balance, and the clerk shall certify on the originalaccount that an examination was made of all investments and the cash balance,and that the same are correctly stated in the account: Provided, suchexamination may be made by the clerk in the county in which such guardianresides or the county in which such securities are located and, when theguardian is a duly authorized bank or trust company, such examination may bemade by the clerk in the county in which such bank or trust company has its principaloffice or in which such securities are located; the certificate of the clerk ofsuch county shall be accepted by the clerk of any county in which such guardianis required to file an account; provided that banks organized under the laws ofNorth Carolina or the acts of Congress, engaged in doing a trust and fiduciarybusiness in this State, when acting as guardian or in other fiduciary capacity,shall be exempt from the requirements of this section, when a certificateexecuted by a trust examiner employed by a governmental unit, by a bank'sinternal auditors who are responsible only to the bank's board of directors orby an independent certified public accountant who is responsible only to thebank's board of directors is exhibited to the clerk and when said certificateshows that the securities have been examined within one year and that thesecurities were held at the time of the examination by the fiduciary or by aclearing corporation for the fiduciary and that the person making suchcertification has no reason to believe said securities are not still so held. Nothing herein contained shall be construed to abridge the inherent right ofthe clerk to require the production of securities, should he desire to do so. (1987,c. 550, s. 1.)