Terms Used In North Carolina General Statutes > Chapter 66 > Article 33 - Telephonic Seller Registration and Bond Requirement

• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• attempted telephone solicitation: means any telephonic communication designed to persuade any person to purchase goods or services, to enter a contest, or to contribute to a charity or a person represented to be a charity, regardless of whether the telephone call initiating the solicitation is placed by the (i) telephonic seller or (ii) a person responding to any unsolicited notice or notices sent or provided by or on behalf of the seller, which notice or notices represent to the recipient that he or she has won a gift or prize, that the recipient may obtain or qualify for credit by contacting the seller, or that the seller has buyers interested in purchasing the recipient's property. See North Carolina General Statutes 66-260
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• 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
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Gift or prize: means any premium, bonus, award, or any other thing of value. See North Carolina General Statutes 66-260
• in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
• Item: includes coupon books, vouchers, or certificates that are to be used with businesses other than the seller's business. See North Carolina General Statutes 66-260
• Owner: means a person who owns or controls ten percent (10%) or more of the equity of, or otherwise has a claim to ten percent (10%) or more of the net income of, a telephonic seller. See North Carolina General Statutes 66-260
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: includes any individual, firm, association, corporation, partnership, joint venture, or any other business entity. See North Carolina General Statutes 66-260
• Principal: means an owner, an executive officer of a corporation, a general partner of a partnership, a sole proprietor of a sole proprietorship, a trustee of a trust, or any other individual with similar supervisory functions with respect to any person. See North Carolina General Statutes 66-260
• property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
• prospective purchaser: means a person who is solicited to become obligated to a telephonic seller or to make any donation or gift to any person represented by the telephonic seller. See North Carolina General Statutes 66-260
• Room operator: means any principal, employee, or agent responsible for the operational management and supervision of facilities from which telephonic sales calls are made or received. See North Carolina General Statutes 66-260
• Salesperson: means any individual employed, appointed, or authorized by a telephonic seller, whether referred to by the telephonic seller as an agency, representative, or independent contractor, who attempts to solicit or solicits a sale on behalf of the telephonic seller. See North Carolina General Statutes 66-260
• Secretary: means the Office of the Secretary of State. See North Carolina General Statutes 66-260
• seller: means a person who, directly or through salespersons, causes a telephone solicitation or attempted telephone solicitation to occur. See North Carolina General Statutes 66-260
• 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.
• United States: shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
• Venue: The geographical location in which a case is tried.