North Carolina General Statutes 78D-33. Affirmative Defense
It shall be a defense in any complaint, information, indictment, any writ or proceeding brought under this Chapter alleging a violation of N.C. Gen. Stat. § 78D-2 based solely on the failure in an individual case to make physical delivery within the applicable time period under N.C. Gen. Stat. § 78D-1(5) or N.C. Gen. Stat. § 78D-4(a)(2) if the party asserting the defense sustains the burden of proof that:
(1) Failure to make physical delivery was due solely to factors beyond the control of the seller, the seller’s officers, directors, partners, agents, servants or employees, every person occupying a similar status or performing similar functions, every person who directly or indirectly controls or is controlled by the seller, or any of them, the seller’s affiliates, subsidiaries or successors; and
Terms Used In North Carolina General Statutes 78D-33
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(2) Physical delivery was completed within a reasonable time under the applicable circumstances. (1989, c. 634, s. 1.)