State Codes and Statutes

Statutes > North-carolina > Chapter_36C > GS_36C-4-405_1

§ 36C‑4‑405.1. Enforcement of charitable gift or trust.

(a)        The settlor of acharitable trust, the Attorney General, the district attorney, a beneficiary,or any other interested party may maintain a proceeding to enforce a charitabletrust, including the following:

(1)        A proceeding torequire a trustee to make a selection as may be necessary to establish thecharitable beneficiaries or purposes for which the trust was established, asprovided in subdivisions (d)(1) and (d)(2) of G.S. 36C‑4‑405;

(2)        A proceeding forbreach of fiduciary duty if there is reason to believe that the trust propertyhas been mismanaged through negligence or fraud; and

(3)        A proceeding for anaccounting of the trustee's administration of the trust.

(b)        The donor of acharitable gift, the Attorney General, the district attorney, or any otherinterested party may maintain a proceeding to enforce the gift, including aproceeding to require the recipient of the gift to make a selection as may benecessary to establish the charitable beneficiaries or purposes for which thegift was intended, as provided in subdivisions (d)(1) and (d)(2) of G.S. 36C‑4‑405.(2005‑192,s. 2.)

State Codes and Statutes

Statutes > North-carolina > Chapter_36C > GS_36C-4-405_1

§ 36C‑4‑405.1. Enforcement of charitable gift or trust.

(a)        The settlor of acharitable trust, the Attorney General, the district attorney, a beneficiary,or any other interested party may maintain a proceeding to enforce a charitabletrust, including the following:

(1)        A proceeding torequire a trustee to make a selection as may be necessary to establish thecharitable beneficiaries or purposes for which the trust was established, asprovided in subdivisions (d)(1) and (d)(2) of G.S. 36C‑4‑405;

(2)        A proceeding forbreach of fiduciary duty if there is reason to believe that the trust propertyhas been mismanaged through negligence or fraud; and

(3)        A proceeding for anaccounting of the trustee's administration of the trust.

(b)        The donor of acharitable gift, the Attorney General, the district attorney, or any otherinterested party may maintain a proceeding to enforce the gift, including aproceeding to require the recipient of the gift to make a selection as may benecessary to establish the charitable beneficiaries or purposes for which thegift was intended, as provided in subdivisions (d)(1) and (d)(2) of G.S. 36C‑4‑405.(2005‑192,s. 2.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_36C > GS_36C-4-405_1

§ 36C‑4‑405.1. Enforcement of charitable gift or trust.

(a)        The settlor of acharitable trust, the Attorney General, the district attorney, a beneficiary,or any other interested party may maintain a proceeding to enforce a charitabletrust, including the following:

(1)        A proceeding torequire a trustee to make a selection as may be necessary to establish thecharitable beneficiaries or purposes for which the trust was established, asprovided in subdivisions (d)(1) and (d)(2) of G.S. 36C‑4‑405;

(2)        A proceeding forbreach of fiduciary duty if there is reason to believe that the trust propertyhas been mismanaged through negligence or fraud; and

(3)        A proceeding for anaccounting of the trustee's administration of the trust.

(b)        The donor of acharitable gift, the Attorney General, the district attorney, or any otherinterested party may maintain a proceeding to enforce the gift, including aproceeding to require the recipient of the gift to make a selection as may benecessary to establish the charitable beneficiaries or purposes for which thegift was intended, as provided in subdivisions (d)(1) and (d)(2) of G.S. 36C‑4‑405.(2005‑192,s. 2.)