North Carolina General Statutes 116B-54. Exclusion for forfeited reservation deposits, certain gift certificates or electronic gift cards, prepaid calling cards, certain manufactured home buyer deposits, certain credit balances, unclaimed lottery pri…
(a) A forfeited reservation deposit is not abandoned property. For the purposes of this section, the term “reservation deposit” means an amount of money paid to a business association to guarantee that the business association holds a specific service, such as a room accommodation at a hotel, seating at a restaurant, or an appointment with a doctor, for a specified date and place. The term “reservation deposit” does not include an application fee, a utility deposit, or a deposit made toward the purchase of real property.
(b) A gift certificate or electronic gift card is not abandoned property when the gift certificate or electronic gift card:
(1) Conspicuously states that the gift certificate or electronic gift card does not expire;
Terms Used In North Carolina General Statutes 116B-54
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) Bears no expiration date; or
(3) States that a date of expiration printed on the gift certificate or electronic gift card is not applicable in North Carolina.
(c) A prepaid calling card issued by a public utility as defined in N.C. Gen. Stat. § 62-3(23)a.6. is not abandoned property.
(d) A buyer deposit that a dealer is authorized to retain under either N.C. Gen. Stat. § 143-143.21A or N.C. Gen. Stat. § 143-143.21B is not abandoned property and is not subject to this Article.
(e) Credit balances as shown on the records of a business association to or for the benefit of another business association, shall not constitute abandoned property. For purposes of this section, the term “credit balances” means items such as overpayments or underpayments on the sale of goods or services.
(f) A lottery prize that remains unclaimed after the period set by the North Carolina State Lottery Commission for claiming those prizes shall not constitute abandoned property.
(g) A card or certificate, whether paper, electronic, or other format, issued for a merchandise credit that meets the requirements of subsection (b) of this section is not abandoned property under N.C. Gen. Stat. § 116B-53(c)(7). (1999-460, s. 6; 2005-276, s. 31.1(w1); 2005-344, s. 7; 2015-218, s. 4.5(a).)