North Carolina General Statutes 31D-1-103. Governing law
(a) The creation, revocation, or amendment of the power of appointment is governed by either of the following:
(1) The law of the jurisdiction designated in the terms of the instrument creating the power.
Terms Used In North Carolina General Statutes 31D-1-103
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Donor: The person who makes a gift.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(2) If no jurisdiction’s law is designated in the terms of the instrument creating the power or if the jurisdiction’s law so designated is contrary to a strong public policy of the law of the jurisdiction of the donor‘s domicile at the relevant time, then the law of the jurisdiction of the donor’s domicile at the relevant time.
(b) The exercise, release, or disclaimer of the power, or the revocation or amendment of the exercise, release, or disclaimer of the power, is governed by either of the following:
(1) The law of the jurisdiction designated in the terms of the instrument creating the power.
(2) If no jurisdiction’s law is designated in the terms of the instrument creating the power or if the jurisdiction’s law so designated is contrary to a strong public policy of the law of the jurisdiction of the power holder’s domicile at the relevant time, then the law of the jurisdiction of the power holder’s domicile at the relevant time. (2015-205, s. 3(a).)