North Carolina General Statutes 36C-8A-1. “Power holder” defined
(a) For purposes of this Article:
(1) The term “power holder” means a person described in subdivision (2) of this subsection that under the terms of a trust has the power to take certain actions with respect to a trust and that is not any of the following:
a. A trustee.
b. A settlor with a power to direct or consent pursuant to N.C. Gen. Stat. § 36C-8-808.
c. A person in which a donor creates a power of appointment.
d. A person that has authority to consent to the exercise of a power of appointment.
e. A beneficiary with a power over a trust to the extent the exercise or nonexercise of the power affects the beneficial interest of the beneficiary or another beneficiary represented by a beneficiary under N.C. Gen. Stat. § 36C-3-301 through N.C. Gen. Stat. § 36C-3-305 with respect to the exercise or nonexercise of the power.
Terms Used In North Carolina General Statutes 36C-8A-1
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- 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
- 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
- Trustee: A person or institution holding and administering property in trust.
(2) A power holder may be any of the following:
a. One or more individuals.
b. One or more other persons each of which is qualified to exercise trust powers in this State.
c. Any combination of the persons described in sub-subdivisions a. and b. of this subdivision.
(b) A person is a power holder whether or not the terms of a trust refer to the person as a power holder and, except as otherwise provided in sub-subdivisions (a)(1)b. and e. of this section, whether or not the person is a beneficiary or settlor of the trust. (2012-18, s. 3.4; 2021-85, s. 2(c).)