Terms Used In North Carolina General Statutes > Chapter 78A > Article 8 - Miscellaneous Provisions

• Administrator: means the Secretary of State. See North Carolina General Statutes 78A-2
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Continuance: Putting off of a hearing ot trial until a later time.
• Dealer: means any person engaged in the business of effecting transactions in securities for the account of others or for his own account. See North Carolina General Statutes 78A-2
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Executor: A male person named in a will to carry out the decedent
• 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
• Issuer: means any person who issues or proposes to issue any security, except that

  a. See North Carolina General Statutes 78A-2

• 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.
• offer to sell: includes every attempt or offer to dispose of, or solicitation of an offer to buy, a security or interest in a security for value. See North Carolina General Statutes 78A-2
• Person: means an individual, an entity, a partnership in which the interests of the partners are not evidenced by a security, a trust in which the interests of the beneficiaries are not evidenced by a security, or an unincorporated organization. See North Carolina General Statutes 78A-2
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Security: means any note; stock; treasury stock; bond; debenture; evidence of indebtedness; certificate of interest or participation in any profit-sharing agreement; collateral-trust certificate; preorganization certificate or subscription; transferable share; investment contract including without limitation any investment contract taking the form of a whiskey warehouse receipt or other investment of money in whiskey or malt beverages; voting-trust certificate; certificate of deposit for a security; certificate of interest or participation in an oil, gas, or mining title or lease or in payments out of production under a title or lease; viatical settlement contract or any fractional or pooled interest in a viatical settlement contract; or, in general, any interest or instrument commonly known as a "security" or any certificate of interest or participation in, temporary or interim certificate for, receipt for guarantee of, or warrant or right to subscribe to or purchase, any of the foregoing. See North Carolina General Statutes 78A-2
• sell: includes every contract of sale of, contract to sell, or disposition of, a security or interest in a security for value. See North Carolina General Statutes 78A-2
• Service of process: The service of writs or summonses to the appropriate party.
• State: means any state, territory, or possession of the United States, the District of Columbia, and Puerto Rico. See North Carolina General Statutes 78A-2